El Paso herald. (El Paso, Tex.) 1901-1931, 1912-08-14
ROGERS SCORES MONA
MARA AGREEMENT
Declares Agreement Made in
Dynamite Case a Vic
tory For DarrOW.

Los Angeles, Cal, Aug. 14.-Cnarac-
teriZing the agreement in the McNa-
mara case as remarkable victory for
barrow and a heinOuS thing on the
part Of the district attorney, attorney
Earl Rogers resumed his argument to-
day in the bribery trial of Clarence S.
DarrCW.
Rogers declared that the McNamaras
were guilty of a "hideOus, horrible
crime" yet the district attorney had
agreed not only to allow one 20 escape
hanging and the other to take a term
of IS years in prison, but to allow
Caplan and Schmidt, two of the men
actually involved in the Times murder,
to go free. provided they remained out
Of the county.
Attacking the testimony of Bert H
Franklin, Rogers asserted that if Oar
row had known that Juror Balm was
I bribed early in October, he would not
( have told Lincoln Steffens in the pres
ence of L ". Scripps that he regarded
the case as hopeless
The danger in Franklin's story. con
/ tinued Rogers, was that all Of it was
true except small portions-that par
/ tiCularly where he received the bride
money and as to who authorized the
corruption of the jurors.
Says barrow Is Innocent.
Summing up the evidence adduced by
the state against Clarence S. barrow,
former attorney for the convicted dy-
! namiters, John J. Mcnamara and James
3. Mcnamara, who is on trial for ell
legged jury bribing, Earl Rogers. chief
counsel for Darrow. told the jury that
the prosecution had failed to connect
/ barrow with the corruption of juror
/ George n. lockwood through the in
strumentality of Bert H. Franklin, the
! former detective who confessed having
/ passed the bride money.
Franklin Only a Spy.
The state had proved, Rogers assert
ed. only that Franklin had been intro
| duced as a spy into the ranks of the
l Mcnamara defence and that anyone of
$4,000 other persons interested in the
] great struggle between capital and Ia
/ Dor would have greater interest and a
/ more impelling motive than Darrow in
brlbing a juror to acQuit the MCNama a.
ras. He asserted the state had not
| traced what it suppOses to be bride
! money farther than Olaf A. Tveitmoe
! labor leader of san Francisco, and
/ that DarroW had been named directly in
| connection with the alleged bribing OF
| Lockwood only by two detectives
/ Franklin and John R Harrington, OF
/ Chicago, whom he described as the
! most precious pair of scOundrels thai
/ ever smirched their souls to betray d
/ friend"
He also tainted the prosecution fo1
/ falling to examine TveitmOe after he
I had been called as a witness. and added
that Harrington had been hired by de
/ tective Foster, of the National ErectorS
association to get" DarrOw.
Before Rogers opened his argument
/ large squares of white duck were
! stretched on frames in the courtroom
| displaying the names of the IS wit
! nesses introduced by the state, grouped
/ under each of the many angles and is
/ sues developed during the trial
These constitute a diagram of thi:
/ whole case" said Rogers, and, referring
/ TO a group labelled main ISSUE ht
/ pointed out to the jury that only
/ Franklin, Harrington and Samue
! Browne. the chief detective for the dis
! trict attorneys office, had mentioned
! barrow in any relation to the alleged
/ corruption of Lockwood
| Rogers is scheduled to complete his
| argument today and barrow will close
! his OWL defence