New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-19
gEFFENS ON STAND
IN BARROW DEFENCE
McNamaraS Had Agreed to
Plead Guilty Before Frank
Inns Arrest, He Says.
STATE DISPUTES CLAIM
Saws Negotiations Were Not
Brought to a Climax Until
Bribery Expose, In
volving barrow.

Los Angeles. July 1s.-Lncoln steffens.
. writer. took the stand for the defence
,o-day in the bribery trial OF Clarence S.
barrow. and gave in detail the history OF
the Mcnamara pleas OF guilty
The witness told Of the futile struggle
"a save John J. Mcnamara from the peni-
tsntiary, so that organized labor might
he spared what. in the minds of many,
amounted 10 its own conviction.
steffens's story accentuated what ap.
.sars now to be the crucial issue in the
sse-whether the agreement 10 have the
Mcnamara brothers plead guilty was
sanctioned by barrow more than a week
preyious 70 the alleged bribery of Juror
lockwood. as asserted by the defence or
whether. as contended by the prosecution,
the NEGOTIATIONS virtually had lapsed be-
cause OF the unwillingness OF Darrow 10
allow John J. Mcnamara TO plead guilty.
That this would be the stand OF tire
prosecution was indicated by District At
torney Fredericks, Hho declared that II
would be shown that the negotiations
we're not brought 10 a climax until the
bribery expose, which compelled Darrow.
a. chief counsel. TO submit TO the terms
o, the prosecution that both McNamaras
Plead guilty.
Davis Kept Up a bluff"
Eerens declared that Darrow and the
NcNamara brothers had consented to the
man before the arrest OF Franklin, but
that Il had been decided TO continue ne
rotations with the ultimate object OF
saving the elder brother If possible. To
this end Lecompte Davis. an attorney,
was sent 10 the District Attorneys office
10 keep up the "bluff," by issuing an ulti-
ratum that there would be no settlement
Il John J. Mcnamara had TO plead guilty.
The witness said the settlement Of the
Mcnamara case was finished at a meet
ing between (. w. Scripps. a newspaper
proprietor; Mr.. Darrow and himself on
November 1e.
The original agreement was drafted IN
Meyer Lssner's office. November 20, and
II was hoped that the District Attorney
would assent TO IT, II provided that
James % MCNhUldId eHOu4u plcdO BNAlNg
and accept such punishment as the court
might direct, except hanging To this the
witness said the District Attorneys office
replied through Chandler. demanding that
both men plead guilty and that both
make confessions.
kilograms had been received from the
National Erectors' Association and other
business interests in the East. said Mr..
stenens protesting against any settle
ment that did not provide for sending
John ]. Mcnamara to the penitentiary as
well as his brother.
Plan 10 Save ~. g." from GsIlows.
"On November o." continued Steffens,
IT seemed clear to Mr. Darrow that
settlement could be arrived Al which
would save ]. B. Mcnamara from the
sallows. He wrote a telegram TO Samuel
Gompers at Atlanta, Ga, where the
American Federation Of Labor was in
convention, asking that two or three men
whom he named be sent here for con-
ultation."
Asked for the names in the telegram,
the witness said they were o. ~ Tveit-
moe Anton Johannsen and Edward y.
Eockels.
Mr. stetfens told OF the conference with
Fremont Older In which the latter had
professed concern as TO who should be
the goat" and fear that Darrow would
b. punished" as we'll as the witness in
1ured professionally.
Mr.. Darrow said he did not care about
hinself-that his duty was to his client
and to save his clients lfe," said the
Witness
On Sunday, November Is, two days be-
fore Franklin's arrest for bribery both
he Mcnamara brothers had consented TO
plead guilty. although each did SO with
out the knowledge of the other
II had been common report since the
Mcnamara trial that John ]. Mcnamara
had not consented to plead guilty until
thanksgiving Day, two days after Frank
Inns arrest