Newark evening star and Newark advertiser., 1912-12-30
DENY NEW TRIALS
TO DYNAM|TERS
Judge Anderson Overrules Mo-
ton as He Prepares to Sem
tence Prisoners.

ment asks for judgment on the YER
diets he said.
Chester H. Krum, counsel for the
prisoners, then addressed the court.
I'VE ask, in behalf of all the thirty
eight men found guilty, that the YER
diets be set aside"
"That motion will be overruled,
said the court.
The motion for arrest of Judgment
likewise was disposed of.
Turning to the prisoners Judge An
derson said:
"It has been more difficult than
was expected to arrive at the degree
of guilt in each of your cases. Have
any of you anything to say why SEN
tenee should not be pronounced
against you?"
Silence greeted this question until
Patrick F. Farrell stepped before the
| judge.
''Your honor" said Farrell, II have
something TO say in my behalf
Some things might have been said
in your behalf that were not said"
| interrupted the court. is it a fact
that you were not in sympathy with
the dynamiting campaign"
THAT is a fact, your honor re-
sponded Farrell. ''In 1907 l voted
against the resolution to continue the
strike of the iron workers. 1 never
have been in sympathy with dyna-
miting."
''Farrelrs action in trying to keep
certain officials in the Ironworkers'
Union might be construed two ways"
said District Attorney Miller.
wouldn't Sentence Innocent Man.
"Then we will take the innocent
way" said Judge Anderson. Il have
been on the bench ten years and have
never sentenced a man l believed in
nocent"
"This man Farrell is one of the
least guilty of them all, and if he
had had proper legal advice he might
have been found not guilty" said MIR.
Miller.
once an executive board member of
the Ironworkers Union. He was told
to resume his seat.
James Cooney. Chicago, next ap-
peared before the court.
Cooney was questioned whether he
had written any letters about dyna-
mite plots. He said he never had and
Mr.. Miller said no letters of Cooney's
had been introduced because none of
Importance was found.
"Why should Ortie E. McManigal
testify falsely against you?" asked
the court
II don't know why he should" an
swered Cooney.
Opposed to Violence.
do you believe that organized
labor has the right to resort to vio-
lence in its strikes2' asked the court
81 do not said Cooney.
Asked whether there was any evil
dence against Cooney other than Nc
Manigals testimony. Mr.. Miller said
three witnesses corroborated Me
ManigaTs testimony.
McManigal's testimony was that as
a hired dynamiter he met Cooney in
a saloon in Chicago with President
Ryan, of the Ironworkers Union, and
that they all referred to dynamiting
non-union jobs
James Coughlin, a former iron
workers business agent in Chicago,
was next called.
While Coughlin was walking for
ward Judge Anderson said:
II learn one of these defendants
told an officer of the court that if all
the ironworkers who had knowledge
of dynamiting were caught the jails
of the country would be filled. The
evidence has been bad enough, but
this report may not be convincing.
As to Cooney, 1 have not reached a
decision yet"
Coughlin was asked about his con-
nection with the union. The district
attorney interrupted, saying the evil
dence was enough to justify the YER
dict.
Dynamiting Wrong. says COughlin.
''Do you think the dynamiting
campaign carried on for six years
was right" asked Judge Anderson.
mo, sir, your honor, l do not,
said Coughlin.
Coughlin told the court he was
married and had two children. He
said he never had been arrested be-
fore.
At this time Judge Anderson did
not indicate when he would impose
sentences. 1t was believed he would
call up one by one many of the de-
PENDANTS and impose sentence shortly.
Just as Frank ]. Murphy, of De-
troit, was called, Judge Anderson an
nounced his purpose in questioning
the men.
Il am doing so because don't be-
lieve you have had the defense you
ought to have had said the judge.
That's why 1 am questioning you.
You don't have to answer any ques-
tions if you feel the answers will
prejudice your case
Murphy was asked whether he had
not been arrested in July, 1911, after
the McNamaras were arrested. The
prisoner replied he had been ac-
quilted.
Would Punish Guilty.
do you believe a man ought to
be sentenced if he is found guilty?"
"Yes, 1 do
District Attorney Miller said: II
believe Murphy is guilty. but not so
guilty as some of the others
Hiram r. Kline. of Muncie, Ind,
former organizer for the carpenters
union, was called. Besides Tveitmoe
he is the only prisoner not connected
with the iron workers. union.
Kline explained a $1OO bill he was
accused of paying to Charles Wacht-
meister as part of fund to be used
for blowing up buildings in Detroit.
The prisoner asserted the money had
nothing to do with any proposed ex-
plosions. The district attorney said
! tlais nNidnnnn nlInEt To haMn hnnI,