Gilpin observer., 1912-03-14
FORTY-Slx LABOR LEADERS AR
RAlGNED IN FEDERAL COURT
IN INDIANAPOLIS, IND.
TRIAL SET FOR OCT |
COURT oVERRULES PLEAS; 80
DAYS GIVEN FOR FILING
EXCEPTIONS.
Western Newspaper Union New. Service.

Western Newspaper Union News Service
Indianapolis-"Not Guilty" was the
plea of forty-six men arraigned in the
federal court here on indictments
charging completely in the alleged
conspiracy unlawfully to transport dy-
Mantle from state to state.
Judge A. B. Anderson overruled all
demurrers of the defense but granted
thirty days for the filing of excep-
tions to the ruling.
Consolidation of the cases, asked by
United States District Attorney Miller
was ordered, subject to petition for
separate trials if the defense so de-
sires. The court instructed that the
defendants appear when presentation
of the matter is made. The trial was
set for October 1st
When Judge Anderson announced
he would overrule. the demurrers to
the thirty-four indictments he turned
to the defedants, for whom seats had
been ranged in tiers, and said: Cen
tlemen, do you know the nature of
the charges against you?"
Then, one by one, the indicted men,
presidents or former labor union Off
GERS. from many sections of the coun-
try. and headed by Frank NJ. Ryan,
president of the International Associ-
alton of Bridge and Structural Iron
Workers, arose as their names were
called by the clerk, and responded:
Not guilty."
Attacks from many angles were
made on the indictments charging the
defendants with aiding and abetting
Ortie E. McManigal and John ]. and
James B. Mcnamara in the transporta-
tion of dynamite on passenger trains,
with being principals with Nc
Manigal and the McNamaras in
the illegal acts and with having
conspired to violate the statutes pro-
hibiting such transportation.
That the statute of limitations had
run against the offence of conspiracy
alleged and that the indictments did
not aver violation of the law because
1t was not set out that the defendants
had mislabeled packages of explosives
they were alleged to have carried on
passenger trains, were the two prin-
cipal contentious of counsel for the de-
fense. Elijah Zoline and Patrick
O'Donnell of Chicago, Walter Ball of
Muncle. Ind. and w. H. Harding of
this city.
Il am unable to see the merit in
these interpretations" said Judge An
derson, in overruling the motions to
quash. "As l read the acts of 1866,
1908 and 1909 on the subjects, it is
plain that it is unlawful for man to
carry explosives on any vehicle, train
or vessel of common carrier that
transports passengers for hire"
In refusing to accept the theory of
the defense that the statute of limita-
tions had run in the case, the court
approved the argument of District At
torney Miller that the conspiracy as
alleged was continuing one and that
limit of time for prosecution had not
expired for the reason that though the
conspiracy Is alleged to have begun
in 1906, acts are alleged to have been
committed in furtherance thereof as
last as April, 1911.
Motions to quash were not made as
to the indictment against eight of the
fifty-four defendants that did not ap-
pear in court. Among them were the
Mcnamara brothers, in San Quentin
prison. California, and Ortie McMan-
igal. In Jail at Los Angeles.
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