Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-12-29

they did not know where Mr.. Mcclor>
and Mr.. Lewis were.
MONDAYS procedure. according 20
custom, win he first motion by the
government for Junsments On IN" Ncf-
diet. The prisoners attorneys may
then offer motions 10 set the Nerdicis
aside on account of lack of evidence.
The imposing of sentences will then
he In order Judge Anderson may ask
the prisoners singly or In groups
whether they have any reason To give
why Judgment should not he imposed
ON them. \ wide discretion rests with
the court a. to the amoun, Of punish
ment.
Under the convictions the court may
dismiss any prisoner or impose "A money
fine. or sentence au of the men TO
terms In federal prison not cNccoi-
ing thirty-ninc and one-half years. All
the men were convicted on all the
charges. These were one charge of
conspiracy To violate the laws of the
United states carrying maximum
imprisonment of two years and twen-
ty-five charges of transporting cNplo-
sivcs Illegally. each of the latter
charges carrying maximum I'M
prisonment of eighteen months. The
penalties are cumulative. thus making
a possible total imprisonment for ANY
one prisoner Of thirty-ninc and one
half years The charges against en- n
defendant are embraced In fifty N-two
counts in the Indictment. AFTER Tie
sentences are imposed II Is the duty
OF the United states marshal to exc
cute the judgments.
Prisoners receiving less than one
year are confined in any county jail
In this state. Prisoners receiving longer
terms from this district are sent to
the federal prison nj I.caNenworth,
Kan.
Actions seeking an arrest of the
courts judgment next will be in order
senator Kern and other attorneys fer
the defense. already have stated that
appeals in behalf of the convicted n
bor union men will he taken to the
United states circuit court of appeals.
TO bring this about. the attorncys
will file here u petition for writs OF
errors. accompanied ny bills of excep-
tlons to he signed by the court. THIS
petition may he filed ut any time
within the present term. which eN-
pires next May. Upon the granting
OF the writs of errors. they may ap-
ply to this district court or to the
United states circuit court for super
sedcas bonds. If bonds are granted
and the prisoners are able to furnish
them they may remain at liberty pend
ing the appeal. otherwise the men
are to be imprisoned.
because of their inability to procure
bonds ranging from $1,000 to $4,000,
fcur of the men now convicted were
kept in Jail during great part or
the trial.
1--WE have taken no steps 10. provide
bonds" said Attorney Harding for the
defense 1--WE can do nothing until
we learn. after the sentences are inn
posed how high the bonds VIII be.
If the men are admitted to bond and
we can furnish the bonds we shall
use every effort to keep them out of
Jail otherwise our hands are tied.
Originally, forty-five men were IN
cluded in the charges here. Five de-
PENDANTS, after the trial began. were
discharged on the ground that no cases
existed against them. John j. McNh-
mara, secretary of The Iron Workers
union, 'the payma ster of the dynamit-
ing crew" and James M. Mcnamara,
who blew up the Los Angeles Times
building, were not tried because they
were serving terms in san Quentin
prison in California, on their own
pleas of guilty, James b.. having re-
ceived life sentence and John
j. fifteen years. John j. McCrav
who was formerly member oi
the Iron Workers executive board
and who was last known as living at
Wheeling, w. Va. never was found.
Daniel j. Brophy, Of New York. had
a broken leg when the trial began, on
October lst, and his trial was de-
ferred
Ortie f. McManigal, confessed dy-
namiter and the governments CHIEF
witness and Edward Clark. of Cin-
cinnati, pleaded guilty at the opening
of the trial. Thus the number was re-
duced to forty
A time record of today's proceed
ings showed that only sixteen minltes
elapsed between convening Of court
and adjournment. Within that time
thirty eight men We're deprived of their
liberty. Just one hour after the read
ing Of the verdicts the door of the
county Jail had closed behind the last
prisoner The happenings were; at
9:42 O'Clock this morning. court
with all the defendants pres
ent; $50 o'clock the jury entered
the court room; al 10 o'clock verdicts
were read: at 1904 o'clock the jury
was discharged and court adjourned;
at l0.l2 O'Clock the court room was
cleared of all spectators and wives OF
prisoners; at l0.45 O'Clock the prison
ers were all lined up and handcuffcd,
each between deputies. and started for
Jail
At II O'Clock all prisoners assigned
to cells and locked up.
How brief were the courts proceed
lngs Is tcld in this report in fun. of
what was said
The court--"Gcntlemen Of the jury,
have you agreed on verdict
Foreman Frank Darc-"We have,
your honor"
The court-"You may hand it 20 The
clerk"
The verdict was handed to ttc l2tk,
who read the same as follows
I'VE. the Jury, find the defent nts
fhere were named the thirty-eishD
guilty as charged In the indictment, ,
and the defendants, Daniel Buckley
and Herman G. Seiffert. not guilty as
charged in the Indictment Frank
Dare, foreman"
The court-'Is this your verdict,
Mir Foreman"
Foreman Frank Dare-"lt Is"
The court-'So say you all, gentle
men of the jury?'
The jury-"Yes, your honor
Mr. Miller-"May II please the
court. as the clerk read the verdict.
He read the name, Charles II. Beum.
would like to ask whether 1t is
Charles H. or Charles n. Beum? !
would like 10 ask If 1t is Charles H.
Peum in the verdict?"
The clerk kit is Charles y.
Beum."