Omaha daily bee., 1912-03-13
Contention that They Are Confusing
is 0verruled by Court.
ANOTHER POINT IS RAISED
Defense Alleges that Carrying Ex-
plosives Unmarked, Not Illegal.
COURT DOES NOT ACCEPT VIEW
1t IL Also Contended by Attorney
ball, for Defense, that IL There
Was Any Conspiracy IL Is
New Outiawed.

y
defendants in the governments preseca-
ton OF the alleged dynamiting con-
spiracy were filed before Judge A. B.
Anderson by counsel for the indicted men
when they were arralgned In the federal
court today. Eight Of the fiftysfonr de-
PENDANTS were not present.
Elijah Zoline Of Chicago. one OF the
attorneys for the defense began the argn-
ment in support of a motion to ouash
, the indictments on the ground that many
of them charged the same offense OF
conspiracy TO transport explosives from
state TO state Illegally.
Judge Anderson interrupted Mr.. Zohne
with a statement that the motion To
QUASI the indictment on the ground Of
confusing multiplicity was absurd"
Motion IL Overraled.
"These defendants viii never 60 TO trial
without thoroughly understanding what
they are charged with said he. They
will not be embarrassed or confused in
this court. The motion lis overruled."
Attorney Alfred Hoyey then attacked
the indictments, denying there was a
showing that the defendants had unlaw-
fully conveyed explosives on passenger
trains. He declared there vas no viola
tion OF federal statutes unless explosives
were transported on common carriers
concealed in unmarked packages and
maintained the indictments did not so
aver.
do counsel for the defense contend
commented Judge Anderson. that II /
pack a valise with dynamite and carry
II on a passenger train without mis-
representing what ! have. say TO New
eral law? l cannot read the statute In
any other sense than that / would be
committing a crime"
Walter Ball OF Muncle, Ind. replied
this was the contention and that when
the statute defined that II was Illegal
to ship explosives. only IL effort were
made to conceal l.or inlzlahei ~ttlsachsr-
acter OF the shipment, 1t made the same
stipulation as to an Individual carrying
explosives on train.
Mr.. Ball further argued that the act
OF 1908 governing interstate transporta-
tion OF explosives repealed the act Of
1866 and that as tho indictments cite
both acts the indictments are defective.
He also maintained that as the con-
splracy charged was alleged to have
been consummated In 1905. the statute
OF limitations had run against proseeu.
tion.
Hundred Structures Damaged.
One hundred explosions destroyed or
damaged property Of employers OF nom
union labor In cities from Massachusetts,
to California, between 1896 to 1911. The
most DISASTROUS wrecked was the Los
Angeles Times building. october |, 1910,
and killed twenty-one men.
Most Of the defendants are present or
former officials of the International
Association OF Bridge and Structural
Iron Workers. All are alleged TO have con-
spired Illegally TO convey explosives on
passenger trains from state TO state. and
the seat of the conspiracy. II is charged,
was In the headquarters Of the Iron
Workers association In Indianapolis.
several Defendants Absent.
The absent defendants were John ].
Mcnamara. OBSERVATION-DISCLOSURES Of the
Iron Workers association since 1905. al
legged to have directed the operations Of
the dynamiting crew from his office here.
serving fourteen years sentence in San
Quentin penitentiary, California, for hav-
ing eonspfrea~ to blow up the LIewellyn
Iron works. Los Angeles; James b. Nc
Samara, serving life sentence in San
Quentin for having blown up the Los An
geles Times building; ortie u. McMani-
gal. practical dynamiter," eonfessedly
the most active agent Of the eonspirstors
and upon whose information the investi-
CATION OF the plots largely have rested.
In jail at Los Angeles; Eugene A. Clancy
Of San Francisco, former member of the
executive board OF the iron workers,
under Indictment and bond in California;
Olaf A. Tveitmoe. secretary OF the Build
Ing Trades council OF California, under
Indictment and bond In that state; John
j. Mccrsy, former member Of the ex-
ecutive board Of the Iron Workers as
sociation, Whereabouts unknown, John
r. Carroll and Edward E Phillips Of
the Iron Workers union OF Syracuse,
n. ". resisting removal to Indianapolis:
Frank VI. Ryan Present.
Most prominent among the Indicted
men here today were Frank N. Ryan OF
Chicago, president OF the Iron workers
association; John T. Butler Of Buffalo.
first vice president. and Herbert s.
Hockin Of Detroit, second vice president
and acting secretary-treasurer
In the confession Of McManigsI. Hockin
appears as travelling superintendent CT
the "dynsmiting squad" and custodian
Of the repositories Of explosives in west
ern Pennsylvania, at Tiffin. O., and Ia
this city.
With the indicted iron workers officials
from various parts Of the county were
four men connected with other labor
unions. alleged to have been implicated
in the conspiracy. They were William
K Benson, former president Of the De-
troit Federation OF Labor; Clarence L.
DoHd Of Rochester. n. T., formerly a
national organizer Of the international
Association Of Nachinists: Hiram Cline
Of Muncfe, Ind. national organizer for /
the International Brotherhood Of ear-
penters and Joiners. and Spurseone r.
Meadows. business agent Of the Indian
CONTINUED on Second Psge.1