The Birmingham age-herald., 1912-07-20
Both Claim to Have Settled the McNamara Case
 Last Year
WITNESS EXPLAINS
 HIS DOCTRINES
Thinks Crime Should Not Be Pun ished But Conditions Which Led to Crime-Fredericks Will
 Not Take the Stand

Los Angeles, July 1e.-Lincoln Steffens and District Attorney Fredericks. the two men who claimed to have brought about the termination of the McNamara case. faced each other as antagonists for nearly four hours today in the bri- bery case of Clarence s. Darrow.
 The question of the rightfulness Of doctrines expounded by Steffens, the witness contention that what he de- signated social crimes should not be punished but that conditions which lead to such crimes as dynamitins should be treated instead, was more at issue than the question of guilt or inno- cence of the accused.
 Introducing himself at the very be- ginning of his examination as worse believed in Christianity Steffens dis cussed his economic beliefs.
 Explains His Views
 Asked on redirect examination what he meant by his reply as to his beliefs, Steffens said that he was worse than an anarchist in the sense that he was more radical for while anarchy demanded justice. Christianity demanded love and charity in addition.
 Time after time prosecutor Fredericks sought to have the witness say the cul- imitation of the McNamara case was caused by the arrest of Bert Franklin for bribery, and as often Steffens in sisted that all parties concerned in the defense had agreed to the settlement before the bribery expose.
 Steffens said it was his belief at the time of the negotiations that the Ma tional Erectors' association was direct ing the course of the district attorney. He knew the association had sent pro tests to General Otis against the lib- eration of J. J. McNamara.
 You were willing, were you not, MT Steffens," asked the district attorney, that James B. McNamara should be hanged and J. J. could go free?''
 NO sir, never fora minute" was the enlhatic reply.
 The witness surprised the prosecution when he said that it was understood by him Judge Bordwell would not sen- tence James B. MsNamara to death
 .The judge was very particular to have 1t appear that he knew nothing of an agreement" he said.
 How did you know that?" demanded Fredericks.
 Well I saw the judge"
 And he would not talk to you?" in- terrupted the attorney.
 ''Yes he did" declared Steffens; "he talked with me for a long time in his room and at his club and I explained fully to him all the negotiations
 Steffins' Statements Denied
 In a controversy which followed the publication of a newspaper article by Steffens soon after the pleading of the McNamaras the writer was denounced in published interviews by Judge Bord well and Frederioks, both of whom as serted the bribery expose was the sole cause of the denouement.
 The judge at the time declared the latter had nothing to do with the cul- imitation of the dynamiting cases
 Steffens was asked by Juror Golding as to the manner in which Darrow had comported himself when the witness first saw him after the arrest of Frank lin. He replied that Darrow was great ly depressed. The witness said he ad- vised to include the Franklin prosecu- tion in the settlement If it were not that the public might construe 1t as an ad- mission of Darrow's guilt.
 "At that" continued the witness, 'Darrow turned and said: Oh, if they think that. tell them to leave this case out of the settlement"
 T could not but interpret that as the act of an innocent man. concluded the witness
 Ad1 1ournment was taken until Monday.
 But for the fact that it would preclude him from participating in the arguments to the jury. District Attorney Fredericks would take the stand in rebuttal in the bribery trial of Clarence s. Darrow and tell of his part in the negotiations which preceded the abrupt termination of the McNamara trial.
 In lieu of taking the stand himself the district attorney stated that he might call as rebuttal witnesses Meyer Lissner, prominent republican politician: Harry Chandler. general manager of the Times and others to show. that hope had been abandoned of bringing about settlement of the McNamara case until the bribery expose.