Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-12-24
my Lssssd wire 10 Ev.n,ss n.ralaI

indianapolis, Dec. - #. United
states 81 nator John ". kcrn argued
IN behalf OF the forty defendants at
the dynamite conspiracy" trial tie
appealed to the Jurors tu remember
when preparing their verdict that
most OF the defendants came from
distant parts OF the country, "Hlain
WurkingmCu," h" said,
Some Ui them uncducat"d iron
workers taken from their homes nun
drcds or thousands ul mil"s away and
made To- face Il strduR" court With u
district attorney hurliug harsh and
abusive language AT thrn--is II any
wonder that some Oi them couldn't
remember details al letters they wrote
fivc years ago"
some al these men did not know
what they were charged with. They
came to me and ASKED mU what II
them that they wcr" not charged with
dynamitlng. but only with transport
Ing explosives Illegally. You jlUOTs
cant convict these men Ol crimes with
which they are not charged. YOU
cunt convict them OF causing uNplO.
siuns but only with carrying "xpln-
Rilcs on passenger trains or COnspir-
HCy TO violate the federal law"
Attacking Ortic r., McManigal. the
confessed dynHmitcr, AZ the greatest
criminal Ot hiS time, senator Kern
said the governments charges we're
based largely upon what McManigal
said.
This McAlanigal came here with II
brHlen face and related his crimes
win an air uf triumph" said the sem
utor would you permit "a contest
over Il COW to b" decided by the word
Ut such n man"
II has been said that the National
ErcctUrs' association and the United
States steel corporation have moth.
ing 10 do with the case. But II has
been. shown here that the agents of
the National ETeCtOrs' association,
took frGm the ironworkcrs' unOn
headquarters 10000 letters
Prom these the government took
400 letters In which II Was sought tn
show conspiracy existed.
Did the government read all those
400 letters? No. only pHT,s Of those
letters were read, the parts which the
prosecution thought showed con-
spiraCy,
why, since the time for change
IN the administration this country APP
proaohes. have received scores OF
letters on variety Ot subjects. II
you read those letters literally you
might convict the writer's Of almost
any charge you wished 10 make
against them
The EreCtufs' association, To which
Senator Kern referred, was an organ
izatOn OF open shop contractors
against whom the lronwOrkers' union
had called "a strike.
referring 10 what he called the
interests which wanted to see these
men prosecuted" Senator Kern said:
When the greatest criminal of the
country In proAecuted--and II will be
1t Will be an act Of retribution. II
these labOTinB men nov on trial we're
called upon To pass upon the letters
that would be produced.
Senator Kern attempted To show
that the evidence against Olaf A.
TveitmOe and Eugene A. Clancy oI
San Francisco; Frank X. Painter
omaha; Michael J. Harmon of Scran.
ton, Pa, and against other defend.
ants was not sufiicient to convict
them"
Senator Kern described M "tks
third degree" certain federal inVesti.
gatlons " Low Angeles. oscar Law.
ler special abslatant to the. attorney
general, and Arthur l.. VeitGh. deputy
district attorney Of Los Angeles cOun.
", had testified that Clancy was ex'