The Birmingham age-herald., 1912-03-13
.46LABORLEADERS PLEAD NOT GUILTY ] IN INDIANAPOLIS ss Judge Anderson Overrules
 Demurrers of the
 Defense GRANTS MONTH TO
GRANTS MONTH TO iak. FILE EXCEPTIONS
Trial Set for October 1-Mofion to ! Consolidate Cases Is Sustained. f Will Hear Attorneys for
 the Defense Today

Indianapolis March 12.-"Not guilty was the plea of 46 men arraigned to- day in the federal court on charges of complicity in the alleged conspiracy unlawfully to transport dynamite from state to state brought in indictments. Judge A. B. Anderson overruled all demurrers of the defense, but granted month for the filing of exceptions to his rule.
 A motion to consolidate the cases, made by United States District At torney Miller, was sustained but the court consented to hear ttorneys for the defense tomorrow if they decide to petition for separate trials. The court instructed the defendants to appear when the matter is presented. Trial October The trial was set for October 1. When Judge Anderson announced he would oyerruIe the demurrers to the S4 indictments he turned to the defend ants, for whom seats had been ar ranged in tiers, and said: Gentlemen. do you know the nature of the charges against you?" We do," came in heavy chorus. Then one by one the indicted men present or former labor union officials from many sections of the country and headed by Frank M Rryan, president of the International Association of Bridge and Structural Iron Workers, arose as their names were called by the clerk and responded: Not guilty
 Attack Indictments Attacks from many angles were made upon the indictments charging the de- fendants with aiding and abetting ortie F. McManigal and John J. and James B. McNamara in the transportation of dynamite on passenger trains. with be- ing principals with McManigal and the McNamaras in the illegal acts and with having conspired to violate the statutes prohibiting such transportation.
 The statute or Limitations had run against the offense or conspiracy and that the indictments did not aver vio- lation of law because it was not set out the defendants had mislabeled packages they were alleged to have car ried on passenger trains, were the two principal contentious of counsel for the defense.
 T am ble to see the merit in these interpreations," said Judge Anderson in overrulng the motion to quash ''As I read the act of 1866. 1908 and 1909, the subject is plain to anyone that it is unlawful for a man to carry explosives on any train or vessel of common car rier that transports passengers for hire.' Approves Miller's Argument in refusing to accept the theory of the defense that tho statute of limitations had run in the case the court had ap- proved the argument of District Attorney Miller that the conspiracy as alleged was a continuing one and that the limit of time for prosecution had not expired for the reason that though the conspiracy Is alleged to have been started in 1906, other acts are alleged to have been committed In furtherance of t as late as April, 1911.
 Motions to quash were not made as to the indictments against eight of the 54 defendants that did not appear in court. Among them were the McNamara brothers in San Quentin prison. Califor- mia, and Ortie F. McManigal, in jail at Los Angeles.
 Miller Unsuccessful
 District Attorney Miller attempted un- successfully to have the trial set for May. This is very simple case" he said, and added that most of the evil dence the government possessed, includ-
 
 of the iron workers association in this city, had been made public.''
 In granting delay till October 1, Judge Anderson took occasion to comment .,n the political situation. just because" he said to the packed crowd in the court room. T probably never again will have so large an audience.P
 Men indicted must have every oppor- tunty to prove themselves innocent if they can," he went on.
 Comments on Case
 ''This is a guaranty of liberty. Here l want to say that if certain political phi losophers of our time succeed in their course there will not be any guaranty of liberty. When the courts are paralyzed liberty Is gone"
 In consideration of the fact that the de- fendants residences were scattered all over the country, the court added he would grant until October for them to consult their attorneys and prepare their defense
 The judge engaged in a colloquy with Attorney Zoline as to whether dynamite and nitroglycerin were the same just be- fore the court adjourned.
 "I am asking for my own information said the judge, there may be men in this room that do know the difference between dynamite and nitroglycern, but I don't"
 The structure upon which the 46 indicted
 
 all leaned forward and laughed with the Judge when no answer was made to him.
 Men Indicted
 Most prominent among the indicted men nerc are Frank M. Ryan of Chicago, pres- dent of the Iron Workers association: John T. Butler of Buffalo. first vice presi- ient, and Herbert s. Hockin of Detroit second vice president and acting secre- tary-treasurer.
 In the confessions of McManigal. Hook k appears as travelling superintendent of the .dynamiting squad. and custodian of the Repositories of explosives.
 Hocliin, according to McMangsl, was lhe man who engaged him to do the actual work of dynamiting before he became &C., 4uainted with tine McNamara brothers
 With the indicted iron workers officials were four men connected with other labor Inions alleged to have been implicated n the conspiracy They are William K. Benson, former president of the Detroit F'eceratioa of Labor; Clarence F. Dowd. formerly a national organizer of the In- iernational Association of Maehinists. and Hiram C. Cline. a national organizer of he International Brotherhood of uarpen- CTS and Joners. and sturgeon F. Mrad- pws, business agent of the Indianapolis
 
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