Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-10-04
United States District Attorney
Outlines Strong Case Against
Forty-Six Men indicted for
Transportation of Explosives
lCOURT HOLDS MOTIVE
MAY BE PROVED
Government Alleges Gigantic
Conspiracy, Covering Five
Years of Crime, by Defend
ants Under Indictment.

ANS Ul0ef ln0lCllnefll.
my Morning journal special Leased wire
indianapolis. oct. 3.-Not only cvi-
dence of the alleged Illegal interstate
shipment of dynamite and nitro gly-
cerino hut also evdenc. as to what
was done with the explosive. win he
admitted ut the trial of the forty-siN
men accused of completely in the
dynamite plots
! Federal Judge Anderson SO ruled
today, his decision thus opening To
the prosecution the right To show u
motive by going into the details OF
many explosions including that which
wrecked the Los Angeles Times
building on October |. 1910. followed
the empanelling OF jury and Sc
we're arraignment Of the defendants
in the opening statement by District
Attorney Miller.
Addressing the jury and pointing
his finger at Frank M. Ryan and the
forty-tiNe other men seated three feet
deep across the court room, MIR MIL
Ter said the trial was of the instlga-
tors Of the most far reaching conspir-
aeN In the history Of this country in
which, during more than tive years,
property of incalculable value had
been destroyed. and many, many lives
had been lost"
Eight farmers. two retired farmers,
one grocer and one grain dealer, all
living in country towns or rural dis-
tricts In Indiana. compose the jury.
The Jury is as follows:
samuel Morrison, North Vernon,
retired farmer. formerly II carpenter.
j. S smith, Winchester. retired
grain dealer.
Seneca Chambers. Anderson. FAR
mer
William jackson. Greencasile, far
mer.
Marion II. Dobbins Maxwell. far
NOR.
Frank Pare. New Lisbon retired
farmer.
John l.. Thomas, jamestown far
mer.
Allen Spnulding, sharpesvlle, far
mer.
Martin u. Davis. Forest, farmer
and bank president.
+. d. Brookshire, Wochdulc. farmer.
Frank sutton. Nebraska, Ind, far
iner.
Jesse d. Barger Rideevillc. grocer.
Juror Thomas, when examined, said
he formerly was a race horse breeder.
He said he had been an official in
anti-chickcn thief and anti-horse thief
associations. All the Jurors snid they
had no prejudice against labor unions
or against corporations that maintain
ed s'open shops.
Judge Anderson ordered the Jurors
to be kept under guard until their
verdict is rendered
1t took Just thirteen hours to secure
the jury.
air. Miller said the government.
would prove that the defendants, all
Of whom are former or present Of
icers of labor unions, entered into
conspiracy to blow up the Joints Of
employers OF non union labor
I'VE will show that dynamite and
were carried from
place in one state to place in an-
other state on passenger trains on
which thousands Of men, women ana
children were travelling. said Mr. MIL
Ter. Evidence will show that an in
fernal machine was devised whereby
y charge OF explosive with "A long fuse
attached. was set Off by an alarm
clock, so that the dynaniiters could be
hundreds of miles away when their
destructive work was accomplished
We will show that James Il. McNa
now IN prison in California. one Of
fttntt IL a..
Manigal. who has pleaded guilty, were
active In this dynamiting business and
that all the present defendants are
guilty with them.
Here senator Kern. counsel for the
defense. objected to the reference I"
one of the McNamaras being SEN
fenced for murder.
lis that important, your honor"
asked senator Kern.
Mr.. Miller maintained that since
the Mc\amaras also are indicted In
indianapolis. he had a right to show
why they were not present. He said
IL would be developed To what use the |
explosives were put.
we object 10 this sort of evidence
on the ground that it il not eompe-
tent" said William y. Harding. Of
counsel for the defense.
Every state in the union permits
he use of dynamite and nitroglyccrine
for one purpose or another aud the
presumption in Law is that If eNplo-
sives are at a given place they are
here legally. The only charge upon
which these men can be prosecuted
under the federal statutes is that of H.
legal interstate shipments.
Judge Anderson over-ruied the OBJ
lection. lie said II man from the
station in Indianapolis Went with
suit ease containing explosives tpl