Newark evening star and Newark advertiser., 1912-12-30


one of the executive board members
accused of appropriating $1,000 a
month TO Mcnamara for dynamitlng
purposes.
The basis upon which appeals are
to be made to the United States Cir
cult Court of Appeals was outlined
today by Attorney Chester H. Krum.
Broadly speaking" said Mr. Krum,
1--WE shall contend that there is no
such thing as a conspiracy to trans
port explosives on passenger trains
The federal laws declare 1t to be an
offense TO carry explosives on such
trains. This is done for the sole pur-
pose of preventing injury to passen-
gers. The federal law cannot and
does not consider any motive. A man
may innocently carry an explosive
for use in stone quarry.
HE may only have a sample ex-
plosive the size of thumb nail, but
he would be as guilty for carrying
that as he would If he carried a suit
case filled with dynamite to blow up
a building. The only crime that
could be charged in either case
would be that the law had been vio-
lated.
ITO link the separate offenses to-
gether by calling them a conspiracy,
and to say that because McManigal
carried explosives, all the men are
guilty, has been the basis cf the gov
ernment's prosecution, but ii will not
be sustained in the higher courts.
"Our contention is that the crimes
of blowing up non-union work do
not form a conspiracy cognizable by
the Federal government, and that
each crime of Illegal transportion IS
a separate offense, unrelated and not
part of conspiracy.
Shortly before the hour for con-
vening court the prisoners were taken
from their cells in the county Jail,
each handcuffed between deputy mar
shals, and after being lined up in
the Jail yard were carried in wagons,
four prisoners at a time, to the Fed
eral building five blocks away.
Their coming out of the Jail door
was the first the men had seen of the
At the head walked Ryan, the 81
year-old labor leader, whose pale
face showed the long ordeal through
which he had gone since the indict-
ment of himself and his fellow work.
men last February.
Behind him came Michael ]. Young
and Frank ]. Higgins, both of Bos-
ton. Four Chicago men walked to-
gether. Hockin, at some distance
from the others. brought up the rear
1t was Hockin who was accused of
having turned over to the govern
ment much of the evidence upon
which the men We're convicted, but
Hockin himself was branded by the
as 1.-The worst dynamiter
of them ALL"
At the federal building only few
mostly the wives and women rela-
tives, who for forty-eight hours have
paced between the Jail and the court
house with their appeals to see the
prisoners.
In the courtroom the prisoners
We're seated in three rows of chairs
according to the alphabetical ar
of their names.
The inference from this was that
the men would be called alphabetical
ly when the sentences are imposed.
they were permitted to sit
where they pleased.
Judge Anderson was in his cham.
bers early, prepared to impose SEN
tences should there be no delay by
motions or arguments.
Herman G. Seiffert, Milwaukee, and
Daniel Buckley, Davenport, Ia, the
only two of the forty men on trial
who weSe adjudged not guilty, came
into court as spectators and endeav-
ored by leaning over the ratings to
cheer the prisoners.
The appearance of so many men,
all waiting to learn how long they
were to be deprived of liberty, and
each uncertain of it, was that of
crowd which was TO witness some
fatal happening.
Back in the last row Tveitmoes
who was directly accused of aiding
in the destruction of the Los Angeles
Times building, was handed a large
package of mail by United States
Marshal Schmidt. The prisoner. who
had gone through the three months
trial pre-occupied in a book of poetry
or notes of the proceedings, now
glanced hurriedly through the mall
then, laying it on the floor began to
rock back and forth in his chair
Philip A. Cooley, New Orleans,
asked permission to send out a mes
senger boy for chewing tobacco.