The Birmingham age-herald., 1912-12-25
Offer Not Accepted-Kern Criticised for Defending
 Alleged Dynamiters
ESTIMATOR OUGHT TO
 BE IN WASHINGTON"
Kern, in Speaking. Declares Govern ment Has No Other Evidence Against Alleged Dynamiters
 Than McManigals

Standing before The jury at the trial of the forty accused "bomb plotters," United States District Attorney Charles W. Miller today challenged any of the defense's 12 lawyers to speak in be- half of J. F. Munsey of Salt Lake City, or of Herbert s. Hockin, former secretary of the iron worke union.
 Munsey was accused of harboring James B. McNamara in the latter's flight from Los Angeles after blowing up the Times building there and was branded by the district attorney one of the men who ought now to be in san Quentin prison for murder along with the McNamarasp
 Haolxin was declared to be "the Iaso of tho conspiracy, who started the dyna miting and then snltched on the others to promote his own ambition"
 Offer Not Accepted
 No one accepted MT. Miller's offer. The dramatic scene ensued after United States Senator John ". Kern had ended his argument for the defense MT. Miller criticised Senator Kern's argu- ment as coming from "one who ought to be in Washington
 
 Darrow to bring the trial of the Me Nanaras at Los Angeles to a success 1u1 plea of guilty, what must it have cost to retain counsel here, with ex- judges and United States senator as 1awyers?" shouted MT Miller How can men for mere money raise their voices for such consummate criminals ?'' Yet in all this long trial I have heard no voice raised in behalf of two of the defendants Who of the lawyers will stand up and say Hockin is not guilty? Who will say that Mupsey is not guilty? I will give twenty minutes of the governments time to any lawyer who will argue that these men are not guilty"
 Here the district attorney turned from the jury box, looked with an out stretched hand toward the attorneys and paused. Senator Kern was nor present. For minute MT. Miller wait ed with the court room in silence.
 sNo answer" said Mir. Miller. There is not lawyer present who will de- lend Hockin or Munsey. Not voice in behalf of these men,
 Raps Senator Kern
 Senator Kern, paid by the public 10 perform a public service. who ought to be in Washington now attending to his duties, instead of being here, has dared to appear in this court and in total disregard for the law has appealed to the prejudice and passions of this jury in behalf of the wives and children of these defendants. Who appealed in be- half of the women and children who were relatives of the twenty-one per sons killed in the Los Angeles Times 1xplosion?D
 Nobody"
 -Four hours were taken up by the defense with Hiram P. Kline. But only three minutes were given to Olaf A. Tveitmoe, of San Francisco. Enough evidence has been produced to show that Tveitmoe, Eugene A. Clancy and Munsey all ought 10 be with McNamara in San Quentin prison in California for murder. If I were the prosecuting oft cer of Los Angeles county Tveitmoe and Clancy would be prosecuted for murder and if the jury was composed of honest men they would soon be with McNa- mara, along with some others.
 And among the others would be Frank M. Ryan, president of the iron workers union. and Frank c. Webb of New York No witnesses appeared here for Webb and he did not take the stand. l would have given him something to explain if he had"
 MT. Miller commented on the failure of hillip A. Cooley. New Orleans, to testi- fv in his own behalf Cooley, member of the unions executive board, is charee1 with planning to cause explosions in southern states about the time of Me Namara's arrest
 Accused of Perjury
 Cooley did not take the stand, be- cause he saw what a poor showing John '. Butler. vice president of the union. -vnde,'' said Mir. Miller Butter. after ewing the stand was accused by the nf iOu .f4I his bond of sl0o0o Has increased to s15,- coo, in default of which he still is con red in jail.
 New light on the trial here. showing as the government charged that it grew out of attempts to obstruct the removal of evidence from Indianapolis to Los An ,eles, was given by NIT. Miller He said the reason the federal investigation be- gan here was because Leo NJ. Kappa . rolt attorney for the International Asso- ciation of Bridge and Structural Iron Workers. of which J. J. McNamara was secretary, destroyed evidence on instrue- tians from McNamara while the latter was in jail, and because Frank r. Ra- ker, prosecuting attorney of Marion cotn- ty Indiana, |ioined in the obstruction against the removal of evidence to ]. D. Fredericks. district attorney of Los An- geles county"
 ''The federal government was appealed to and it stepped in to procure the papers in the iron workers headquarters with the revelation that the federal laws had teen violated" said MT. Miller. Again I say if I were prosecuting attorney of Los Angeles county I would have this man Rappaport indicted as an accessory after the fact for murder"
 Senator Kern Speaks
 Attacking Ortie E. McMangal, one of 70 defendants in the dynamite conspir- acy" trial United States Senator Kern said tke governments charges were based upon what McManigal himself said. to- day.
 ssThis McManigzl's face was brazen and his speech more hrazen,' the senator said ''would you permit a contest over a COW to be 1ecidel by the word of such a personality? 1t has been said that the National Erectors association and Il e United States Steel corporation has had nothing to do with this case. But it has been shown here that the agents of the National Erectors association in their infinite wisdom took from the Iron Work CTS union headquarters 60,000 letters. From these the government extracted 40 letters. in which it was sought to show
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