Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1912-07-20
Effort Made by Prosecutor 10
Show Witness is an Anarchist
Receives Reply That He is
Worse, a Christian,
JOURNALIST SURE
OF NO HANGING
After Consultation with Pre-
siding Judge, He Felt Certain
Capital Punishment Would
Not be Inflicted,

(By Morning journal Special Leased Wire
Los Angeles, July Lincoln
Steffens and District Attorney Fred
crcks, the two men who claimed to
have brought about the termination
of the Mcnamara case faced each
other as antagonists for nearly foul
hours today in the bribery trial of
Clarence $. Darrow. The question OF
the rghtfulness of doctrines eXpound-
ed by Steffens, the witness. that what
he designated as social crimes should
not he punished, but that conditions
which lead to such crimes as dyna
hitting should he treated instead, was
more at issue than the issue of the
guilt or innocence of the accused.
Introduced by himself at the very
beginning of his cross examination as
worse than an aVowed anarchist, a
man who believed in Christianity,
Steffens discussed his economic be-
lefs often disregarding the objections
of the dcfense's attorneys as he did
the thrusts Of the prosecutor.
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, Christian
ity demanded love and charity in adj
dition
Time after time Captain Fredericks
sought to have the witness say that
the elimination of the Mcnamara
case was caused by the arrest of Bert
II. Franklin for bribery and as often
Steffeus insisted that all parties con
cerncd in the defense had agreed to
the settlement before the bribery x
pOsure.
The witness told again of the con
ferenccs with local business men with
a view Of closing the labor prosecu-
tions and bringing about an era Of
better understanding between labor
and capital; of the futile efforts e
have the district attorney agree TO the
plan of freeing J. J. Mcnamara after
his brother pleaded guilty.
.Stcffens said ii was his belief at the
time of the negotiations that the Ma
tional Erectors' association was di-
recting the course Of the district at
torney He knew that the association
had sent protests to General OTIS
against the libcrating of j. j. Nc
Namara.
"You were willing, were YOU not,
Mr.. Steffens?' asked the district at
torney that james B, Mcnamara
should be hanged il John j. could go
free ?'
mo. sir never for 4 moment, was
the emphatic reply.
The witness surprised the prosecu-
tion when he said that it was under
stood by him that Judge Bordwell
would not hang James i3. McNamara.
"The judge was very particular TO
have it appear that he knew nothing
of an agreement he said
How did you know that" demand
ed Fredericks.
well. | saw the Judge
"And he would not talk 10 you IN
terrupted the prosecutor
"Yes, he did" declared Steffens,
"he talked with me for q long time
in his room at his own club, and !
explained fully to him all Of the nego-
tiations
He said that he knew the judge
would not hang James B. Mcnamara
because he knew the magistrate 5
frame of nina.
In a controversy which followed the
publication Of Il newspaper article by
Steffens soon after the pleading or
the McNamaras, the writer was de-
nounced in published interviews by
Judge Bordwcll and Fredericks. both
OF whom asserted that the bribery
expose was the sole cause of the de-
nOuncemcnt
The judge at the time denounced
Steffens as an aVowcd anarchist ana
declared the latter had nothing to do
with the elimination OF the dynamit-
ing case.
Steffens testified further that he
had sought to prevent any prosecution
OF Anton Johannsen and @. a. TNlet-
moe.
The witness said the demand of the
district attorney for confessions from
the McNamaras was not even consid-
cred but in lieu Of "A confession he
said he wanted to get the facts from
the McNamar aras and print them.
Stcffens was asked 10y Juror Gold
ing as TO the manner in which Dar-
row had compOrted himself when tht
witness first SAW him after the arrest
of Franklin He replied that Darrow
was much depressed and was pacing
the floor of his office.
The discussed the possible effect on
the settlement and the witness said
that he advised that II would be we'll
to include The Franklin prosecution IN
the settlement If it were not FOR the
fact that the public might construe II
as an admission Of Darrow's guilt.
"At that continued the witness
-Darrow turned aud said oh. If they
think that, tell them to leave this case
out of the settlement
Il could not but interpret that a.
The act of an innocent man" contin-
Ied the witness.
Adjournment was taken until Mon
lay.