New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-04
District Attorney Bitterly Ar.
raigns the IS Prisoners at
Opening of the Trial.
GOVERNMENT WINS POINT
Evidence of Shipment of Explo-
sives and What Was Done
with Them Will Be
Admitted.

evidence as to what was done with the
explosives will be admitted at the trial Of
the forty-six men accused Of completely In
the dynamite plots"
Federal Judge Albert b. Anderson so
to the prosecution the right to show a
motive by going into the details Of many
explosions. including that which wrecked
the Los Angeles Times" building on Octo-
Der 1, 1910, followed the empanelling Of a
Jury and a severe arraiRnment Of the de-
PENDANTS In the opening statement by
District Attorney Charles w. Miller.
Addressing the Jury, and pointing his
finger at Frank NJ. Ryan and the forty
FIVE other men seated three deep across
the courtroom. Mr.. Miller declared the
trial had begun Of the instigators OF THE
most farreaching conspiracy In the his
tory Of this country. In which. during
more than Ave years. property OF incalcu-
liable value had been destroyed and many,
many lives had been lost"
Ten Farmers on Jury.
Eight farmers. two retired farmers. one
grocer and one grain dealer. all residing
In country towns or rural districts in In
diana. compose the jury. The Jurors are:
Samuel Morrison, North Vernon, re-
tired farmer, formerly a carpenter.
j. II. Smith. Winchester. retired grain
dealer.
Seneca Chambers. Anderson. farmer.
William Jackson, Greencastle. farmer.
Marion E. Dobbins. Maxwell. farmer.
Frank Dare. New Lisbon, retired farmer
John l.. Thomas, jamestown, farmer.
Allen Spaulding. Sharpesville. farmer.
Martin p. Davis, Forest farmer and
T. d. Brookshire. Roachdale. farmer.
Frank Sutton, Nebraska, Ind, farmer.
Jesse d. Barger, Ridgeville, grocer.
he formerly was a racehorse breeder. He
said he had been an official in anti chick
en- thief and horse thief associations. All
Of the Jurors swore they had no preju-
dice against labor unions or against cor
porations which maintained open shops"
Judge Anderson ordered the jurors to he
kept under guard until their verdict Is
rendered. Il feel It my duty to do this. "
said Judge Anderson. You will not be
allowed to communicate In any way with
the outside world until this trial is ended.
except that you will be permitted TO COM
municate with your families under the
supervision Of the court"
1t took Just thirteen hours TO obtain the
jury.
Government to Prove Conspiracy.
Mr. Miller, opening, said the govern
ment would prove that the defendants
all Of whom are former or present OFF,
Gals OF labor unions. entered into a con-
spiracy to blow up the Jobs OF employ.
ers Of non-union labor Continuing. he
declared
We will show that dynamite ami nitro
glycerlne were carried from place IN
one state to a place In another state on
passenger trains on which thousands o'
men, women and children were travelling
| Evidence will show that an Internal ma
| chine was devised whereby a charge OF
explosive. with long fuse attached. wa
set of by an alarm clock. so the dyna
! miters could be hundreds OF miles away
when their destructive work was accom-
| plished. We will show that James Il. Nc
| Namara and John J. Mcnamara. who are
| now In prison in California, one OF them
| for murder, and Ortie T. McManigal, who
has pleaded guilty were active In this
dynamiting business. and that all tn,
| present defendants are guilty with them
Here Senator ]. w. Kern. counsel foi
! the defence. objected to the reference e
i one OF the McNamaras being sentenced
for murder.
rs that important, your honor?" asked
Senator Kern.
Mr. Miller maintained that, since the
McNamaras also are indicted in Indian
| apolis, he had a right to show why they
| were not present He said II would he
developed to what use the explosives
were put.
Defence Loses Q Point.
1--WE object to this sort Of evidence. on
the ground that It is not competent.' said
William N. Harding. OF counsel for the
defence. Every state In the Union per.
mits the use Of dynamite and nitroglyce'
rine for one purpose or another. and tho
presumption in law Is that II explosives
are at given place they are there le'
gally. The only charge upon which these
men can be prosecuted under the federal
statutes is that of Illegal interstate ship,
ment."
Judge Anderson overruled the objection
He said II nan from the station IN
indianapolis went with a suitcase contain
| ing explosives to Peoria, Ill, 1t was com
petent to show why he carried the ex-
| piosiyes.
| The governments statement contained a
| full history OF the cases. and named Bos.
ton, New York. Jersey City. HobOken. AL
bany, Buffalo. Cincinnati Cleveland. Chi
/ cago, Milwaukee,. Omaha, Kansas City
Mo. Salt Lake City. Los Angeles and Sar
/ Francisco as among the cities where the
defendants met to carry on conspiracy
Umbrella Important Glow.
An ivory handled umbrella. inscribed
with the initials "E. c." Mr.. Miller said
would be produced to show that Edward
Clark visited a place at Cincinnati where
an explosion was to take place. and tina
Clark forgot his umbrella, leaving 1t as q
token" OF his visit. to be found In thu
wreckage. The District Attorney saic
Herbert 8. Hockin, successor of J. J. Nc
Namara as secretary of the union, visited
Cincinnati on dynamiting Jobs. and tina
he also conferred with Michael J. Young
of Boston, and Frank c. Webb, OF New
York, about Jobs which McManigal wal
to blew up in or near those cities.
Mr.. Miller said II would be shown tina
Hockln paid Clark N22 80 for a lob" II
Cincinnati. and that Clark himself blew
I'D part OF a railroad bridge over the BIZ
Miami River at Dayton. Ohio. using thu
same umbrella to protect the explosives