The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-09-14

horsethief detective, a Klansman-
the latter asked indirectly-of what
religious faith he was, and If he wa
favorable TO organized labor. Fred
McAllister, who, with Charles T.
Cox, is defending Mcnamara. spent
the entire morning quizzing some
fourteen or fifteen talesmen.
Judge Speaks
Early in the proceedings Judge
I Fred C. Cause, who is presiding,
and let it be known he would tolerate
NO evasion of duty.
{ Charles W. Perry, r. r. J. Box
800, a carpenter, was the first man
to incur the judges ire. when he
said he had formed an opinion Of the
defendants guilt from newspaper ac-
counts, mad that he thought the de-
PENDANT should prove himself in
nocent.
Suppose you were accused OF
stealing a horse yesterday and knew
you were innocent. would you want
to come In here and have to prove
yourself Innocent" asked Judge
Cause.
They'd have to prove me guilty, "
replied Perry firmly.
Questioning Resumed
McAllister then resumed question
ing Perry and drew from him that
he has been a member of the Horse
Thief Detective Association for the
last four years. After considerable
more questioning. the defense asked
the judge to excuse Perry for cause.
! He was excused.
This man wouldn't make a good
juror" said Judge Cause, as he ex-
cused Perry. who first expressed one
opinion and then another. IF he
was stating his own opinions he
would not, and II talking to get off
the jury he would not. l would not
want to be tried by him If I were a
defendant"
H. B. Sturgeon, 112 z. Thirtieth
St., sales manager for the Polk Milk
Company, also thought that news
paper publicity he had seen would
have some influence. Judge Cause,
upon a motion OF the defense to ex-
cuse Sturgeon, gave him a little
lecture.
Lecture Given
"Supposing the Polk Milk Com
pany was accused Of selling milk
diluted with water, and the news
papers carried an account of It,
would you want the public to be-
lieve your company guilty or would
you want fair hearing in court on
the evidence" asked Judge Cause
Sturgeon replied that he would be in
favor of fair hearing in court, and
that on second thought, he believed
he could try McNamara's case ac-
cording to the evidence and the law.
Judge Cause then overruled the
motion to excuse him.
William Driar, a core molder, liv-
ing south Of the city, was excused
for cause on motion Of the defense.
Edward A. Strong, 1854 College Ave-,
plumbing and heating contractor,
was excused on motion Of the de-
Tense because OF prejudice. A. B.
Swartz, 404 s. Ritter Ave, manager
Of the Irvington Ice Company, was
let off for the same reason
No Photographs
Judge Cause refused to let news.
paper photographers take pictures
In the courtroom.
II do not intend to have any Day
ton, Tenn. trial methods followed
here" he sai6.
Mcnamara, apparently composed,
sat between his attorneys. He is
considerably heavier than he was
fifteen years ago. when he was SEN
fenced to fifteen years imprisonment
in the California State prison on q
plea of guilty IN charges in connec-
ton With dynamiting cases.
Mcnamara was the center of ma
tion-wide notor1ety in 1911 in con-
nection with the bombing of the
Los Angeles Times Bldg. in which
twenty-one persons died.
The particular indictment which
Is the basis Of the trial arose from
an incident In connection with in
| stallation Of a twenty-ton boiler at
the Elks' Club building. McNa-
mara appeared at the build
ing, 1t Is alleged, and threat
ened Ben Staggenborg, foreman for
the Niman Transfer Company,
which had the job.
Boiler Crashes
During the trouble, according to
Prosecutor William H, Remy, the
labor chief cursed the workmen, and
the boiler was cut loose. crashing
down an incline against one of the
huge pilasters supporting the $1,000
900 edifice, knocking it out of line.
| Mcnamara said he hoped the
whole building would fall down,
Remy says his witnesses will testify.
Mcnamara is at liberty under bond
Of $22,500 The investigation which
resulted in his arrest Oct. 3, 1924.
81