The Birmingham age-herald., 1912-07-19
STEPHENS TELLS
 OF COMPROMISE
Shows Emotion as He Re-
 counts Futile Struggle
THE CRUCIAL POINT
Did Darrow Agree to Pleas of Guilty Before or After the Att tempted Bribery at
 Lockwood?

l Los Angeles. Cal. July 1s.--Lincoln Stef- fens, writer on government, politics and labor, who was credited largely at the time with having brought about the set I tlement of the MeNamara cases. took the stand for the defense today in the bribery trial of Clarence S. Darrow. and gave in detail the history of the MeNamara pleas of guilty.
 l As the witness told of the futile strug- | gle to save John J. McNanara from the penitentiary, so that organized labor might be spared what, in the minds of | many, amounted to its own conviction, the defendant made no attempt to hide his emotion.
 Steffens story accentuates what appears to be the crucial point in the case whether the agreement to have the Mc- Namara brothers plead guilty was sane | toned by Darrow previous to the alleged | bribery of Juror Lockwood, as asserted | by the defense, or whether, as eontended | by the prosecution, the negotiations vir- tually had lapsed because of the unwill- ingness of Darrow to allow John J. Me Namara to plead guilty
 Prosecutions Stand l That this would be the stand of the prosecution was indicated by District At I torney Fredericks, who declared that 1t would be shown that the negotiations were not brought to a climax until the bribery expose. which compelled Darrow. as chief counsel. to submit to the terms of the prosecution that both MeNamaras plead guilty.
 Steffens declared that Darrow and the McNamara brothers had consented to the plan before the arrest of Franklin, but that it had been decided to continue nego- tations with the ultimate object of sav- ing the elder brother if possible. To this end Attorney Lecompte Davis was sent to the district attorneys office to ''keer up the bluff by issuing an ultimatum that there would be no settlement If Johr J. McNamara had to plead guilty,
 The witness gave his residence as Riv' erside. Conn. and his occupation as 6 reporter. 1 MT. Darrow and himself met at th' home of MT. scripps. in San Diego, wher' they were guests on November g. Tn next day he began to work on the prop
 osition. he said. first laying it befor
 Meyer Lissner, republican leader o
 southern California, and later before | committee of business men. Although much opposition was expected from thu owners of the Los Angeles Times, Stef fens said that Harry Chandler, the gen | a,,1 sequenty became the emmissary between | the business mems committee and tn, district attorney.
 Original Agreement
 The original agreement was drafted ir Lissner's office, on November 20. and f
 was proposed that the district attorney l would assent to 1t. It provided tha James B. McNamara should plead guilt, and accept such punishment as the cour might direct, except hanging. To this | the witness said, the district attorney: office replied through Chandler, demand | ing that both men plead guilty. and tha' 1 both make confessions.
 Telegrams had been received from tn, National Erectors' association and other | business interests in the east, said MT Steffens, protesting against any settle ment that did not provide for sending
 John J. MeNamara to the pententiaiS | as well as his brother.
 "On November 22," continued Steffens l "it seemed clear to MT Darrow that q settlement could be arrived at whicf would save J. B. McNamara from the gallows. He wrote a telegram to Samuel | Gompers at Atlanta. Ga, where the | American Federation of Labor was lr convention, asking that two or three men whom he named be sent here for a consultation.
 Asked for the names given in the tele gram. the witness said they were O. A Tveitmoe, Anton Johannsen and Edward N. Nockels.
 MT Steffens told of the conference witt Fremont Older, in which the latter ha, | professed concern as to who should b, the goat" and fear that Darrow woul, | be "punished' as well as the witness ant | injured professionally.
 l MT. Darrow said he did not care abou himself; that hfs duty was to his client and to save his clients life" said thu witness.
 Consented Before Arrest On Sunday. November IS. two days be l fore Franklins arrest for bribery. both the McNamara brothers had consented to plead guilty, although each did so with | out the knowledge of the other. steffens | nifUSell Hdo sdlHeu tle dcsrnf oi JVin '' 1 McNamara, and the brother had beer seen by Judge McNutt and LecompI | Davis. of counsel for the defense | U. J. had been kept in touch with the situation by me-" said the witness 1 It had been common report since the ] McNamara trial that John J. McNamara 1 had not consented to plead guilty until | Thanksgiving day, two days after Frank | ln's arrest.
 l Steffens direct examination was halted by Chief Counsel Rodgers, who asked for an early adjournment in order to prepare additional questions.
 
 TODAY'S AGE-HERALD