Arizona republican., 1912-08-01
Defendant on Cross Exami-
 nation Surprised by the Presentation and Transla- tion of Code Telegrams Received and Sent by Him
CALCULATED TO
 DISPROVE CLAIM
Though McNamaras' Plea of Guilty Had Been
 Agreed Upon the Defense Was Preparing to Spend
 Money for More Evidence
ASSOCIATED PRESS p1sPATcHI

LOS ANGELES. July 31.-Striking at the main reliance of the defense- that it had been agreed to have the McNamaras plead guilty before the bribery eXpose-the prosecution in the trial of Clarence $. Darrow pro- duced evidence today purporting to refute such a claim. The evidence consisted of telegrams which tended to show that Darrow authorized the day after Bert Franklins arrest the expenditure of 5000 to regain doc- umentary evidence seized by the In- dianapolis authorities.
 After devoting nearly an entire day to the ross-examnation which re- vclved around the Indianapolis end of the McNamara case, Assistant Dis- trict Attorney Ford produced code telegram sent by Leo Rappaport, the Indianapolis attorney of the Interna- tional Association of Bridge and Structural Iron Workers addressed to Darrow dated November 29, 1911. Hs asked Darrow to identify it and the witness with a smile said probably he could if it was translated for him. Ford called Blackford who wrote ths cryptOgram for his translation upon it The body of the message trans-
 lated read May T spend 5000 to regain the Indianapolis evidence" Another telegram sent by Darrow to RappapOrt the same day was then produced which deciphered, read: May spend 5000 if necessary" An- other code message dated December l the day of the pleas, he revoked the authorization to spend the money.
 The defense was apparently sur-
 prised upon learning that the pros- ecution had the key to the code used
 hy the McNamara defense and Ford volunteered the information that he had worked it out himself.
 Darrow explained the telegrams which passed between himself and Rappaport saying they followed cor respondence of an earlier date The Indianapolis evidence sought by the defense consisted of the correspond ence files belonging to the Inter-
 national Association of Bridge and Structural Iron Workers, first seized
 by the Indiana authorities and later taken to the federal officials york; ing on the so-called dynamite con. spiracy
 We did want those documents
 then and we want them now" de- clared DarrOw. 'I instructed Kappa port to use every legal means to re- cover them The state court had or dered them restored to the iron workers and they were subsequently, taken possession of by the United States marshal on the order of Fed- eral Judge Anderson
 T sent a telegram to Kappa port on December i telling him not to spend the money because I had learned
 that the American Federation of La- bOr was not to furnish me any moro funds and I wanted to save the 5000 if could I had been informed early in the week that a check for s10000 would be sent me. December I was 1 informed that no more money would be sent"
 The Lockwood bribery affair which 1 is the charge on which Darrow is | being tried was not mentioned dur. , ing the days cross examination and 1 Frankln's name only once This was when Darrow said he had not em- 1 ployed Franklin and did not know i who did
 | Darrow's movements from the time ! of the McNamaras arrests until the be- ginning of the trial of James B Me- 1 Namara and his relations with the l leaders of union labor. his negotia-
 tons witt. Detective Bddinger and 1 his visits to San Francisco were gone l into at length. but there were no | new developments