El Paso herald. (El Paso, Tex.) 1901-1931, 1912-07-18
SAYS HOUSE AND LOT
PROMISED A WITNESS
A San Francisco Editor Is
Cross-eXamined in the
DarroW Trial.

Los Angeles, Calf, July 18.-Fremont
Older, editor of the San Francisco Bune-
tin, was asked only a half dozen ques-
tions on cross examination today by dis
trict attorney Fredericks in the bribery
trial of Clarence S. barrow. The course
of the prosecution was a distinct sur
/ prise to the defence.
Mr. Older was asked concerning the
time he furnished bail for John R. Har-
rington, when the latter was arrested IN
| San Francisco for contempt OF court IN
refusing to answer questions prOpOunded
| by the Los Angeles county grand jury.
At that time, said Mr.. Older, he and
Harrington discussed the visit of D. X.
| IngersOn to the editor with what was
purpOrted to be valuable evidence for the
Mcnamara defence.
"IngersoH told me" said the witness,
/ that his wife, who was a witness for
the state. had been promised a house
and lot by the prosecution l thought
at the time that IngersOU had been sent
by Burns to involve me in the case.
Lincoln Steffens was called next, but
was not in attendance.
John R. Harrington, one of the states
chief witnesses, denied that he had ever
told attorney LecOmpte Davis that there
was no ground for charges of bribery
against anyone connected with the Ne
Namara defence and that no corruption
had been practiced.
H. ". Pohlman, of Seattle, business
agent OF the Bridge and Structural Iron
Workers, union, testified that Harrington
had told him there was no basis for the
bribery charge against barrow.
Pohlman was recently involved in con-
tempt proceedings Tor refusing to answer
questions before the federal grand jury,
in connection with the sOcalled dynamite
conspiracy investigation.
Evidence Concerning Agreement.
The original agreement between repre-
sentatives of labor and capital in Los
Angeles by which the Mcnamara case
was to be ended forever, was disclosed
in detail by Fremont Older, editor of the
San Francisco Bulletin, who took the
stand yesterday for the defence in the
bribery trial of Clarence S. barrow.
The introduction of this testimony
was permitted by judge Hutton on the
showing OF the defolee that it would
prove a lack OF motive on the part OF
Darrow for the bribing of juror George
n. Lockwood, but the ruling was made
only after the greater part of the days
session had ben consumed by arguments.
The original agreement, as outlined
by Older, contemplated the pleading of
guilty by James 3. Mcnamara and the
fixinng of his punishment at life impris-
onment. For this the prosecution not
only was to dismiss all other cases grow
ing out of the dynamiting of the Los
Angeles Times building, including that
of John J. Mcnamara, but to destroy
all evidence then IN possession of the
prosecution. Another clause in the agree
ment was to the effect that representa-
tives OF Los Angeles capital were to rec
ognize the labor unions.
barrow Willing for 81. J." to Go.
The question had arisen, witness said,
of the unwillingness of district attorney
Fredericks to consent to the dismissal of
the charge against John J. McNmara,
and it had been agreed by Mr.. barrow
that if the prosecution insisted upon
it, 81. J" also would be thrown to the
wolves, rather than continue the trial
Just before adjournment. Juror NJ. R.
Williams asked the Witness:
"Did you know at that time that the
McNamaras were guilty?"
'Well, I had no definite OF legal knOwl-
edge that they were, but assumed So
was the reply.
Here juror L. A. Leavitt broke in:
"What did you mean by throwing J.
J. to the wolves - asked the Juror. did
You recommend that one go free and
the other be punished, knowing both
were guilty?"
The witness explained his attitude by
saying that he did not believe in the
doctrine of "an eve for an eye and a
tooth for a tooth" He thought that JUS
tice could be done without taking any
more human life.
Fredericks Halted.
There was a hitch in the plan, accord
ing to Older, and Harry Chandler, a son
inlaw of Gen. Otis. owner of the Los
Angeles Times, went to district attorney
Fredericks to gain the latter's consent !
TO the agreement. After the conference /
Mr.. Darrow informed Older that Fred
ericks would not agree to any plan by
which J. J. Mcnamara could escape pun !
ishment.
"What was my attitude?" asked Oar
row.
"Well you declared that Won were en-
ploved to save the lives of these men,"
The witness said that at this time he
was told nothing had been said to the !
Mcnamara brothers about the proposed |
agreement.