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state K VOL VIL U ilA, MONTANA, T BEDA JULY 20,1911. NO. 38. THE DEFENCE OVER RULED Judge Decides in Favor of Kid nappers, Perjurers and Safe Crackers (By National leolalist Prom) Leo Angeles, Cal.--Couuel for the defence of John J. McNamara and his brother James started their part of the great trial b. moving that all indict msats against the former be set aside on the grounds that the oourt had no jurisdiction in the ease and that all indlotments against James McNamar be quashed on the ground of illegality of prooeedure and blas on the part of the grand Jury. A Mrge number of reasons were given why the Indictments should be set aside and it will take the court several days to reach a decision on the arguments. Judge Walter Bordwell's deprt mont of the superior court was crowd ed to the doors when the accused un ion men were brought in. The little room scarcely held S00 persons and thousands were turned away. The McNamara boys sat in the jury boz. John looked strong and vigorous his face was ruddy, his eye clear and his step bouyant. He looked calm.V around the court room and was it perfect ease. He kept close watch on all proceedings and not a word or a detail escaped him. James looked thin and pale. He gained confidence and reassurance by talking with his brother Both the boys chatted pleasantly with the lawyers. When the proceedings were begun John looked at Joseph Ford, the man who, according to Rappaport's state ment before a congressional commit tee committed perjury in the matter of the requisition of the McNamaras. The prisoner calmly met the game of the man who made the fate oath and afterwards assisted in his kidnap ping. Ford's eyes fell and he looked around shiftily. John smiled almost Imperceptibly as he looked at the pro. secutor who was forced to look away. The defence In flung a motion to set aside the indictment against John J. McNamara went at length into the whole story of the perjured Ford af fidavit, the lying telegram of Burne, the felonious theft of a man and the deep aid conspiracy against the labor leader. In a reply preliminary to filing a demurrer Ford went into an argument wherein he cited a number of eases where kidnapping by detectives and lawyers had been declared legal by the court. He cited the various time hon ored oases where it had been declare Illegal and teloaeus to steal a her.. but made to appear legal to go into an adjoining state and tealt the man who was chrged with the theft of the nimal. Ford cited the Intfmous decision a the Moyer-Hayood-Pettlbose kldnap. lag in order to justify the felony om mited in this ase and went square on record in the attitude of: "No mat ter wMrt crimes were committed to get these me here, they are here." In mentioning the ease Ford mid it least one member of counsel for the defense was familiar with the Hay wood ease, and the statement was Im. mediately taken up by Darrow who remarked grimly that he had a dis tint recollestlon of the case. The whole argument showed that Burns and Ford knew what they were doing when by lying statements and telegrams they seoured the requisition papers for the poseeslon of a man who was not under arrest for everal days after the prosecutor had sworn that he was held ia oustody in lndiana. When the indictments had been read attorneys for the detense filed in each ease a plea and answer on be half of the defendants but the answer was in etffet a motion to set aside the nladltments. Attorney Joseph Scott read aloud the answer and he made Ford squirm uneasuly in his chair when he laid particular stress o mobh limne as: W. . BDars sad W J. . Ford atwered Into a wicked sad Illegal oombaatsla and conspiracy which had for Its purpese theelsure and Illegal etradletion this defendant from his home in In diana " The defense clearly set forth the Illegality an dirregularlty of estradit ag a masn charged with a comparm tively small oftence of conspirlng to create an explosion at the Llewellyn Iron works sad then after kidnaping the victim they proceeded to lndict him on twenty one charges of murder In conection with the Times explosion. The whole detail of the Indianapolls farce was aired In the plea sandit brought to the minds of the hearers a vivid story of the wild scramble to get McNamara out of the state with out allowing him his constitutional right of "a day In court." Thirty five reasons were cited In the motion to quash the indictments In the case of J. R.McNamara. Among them it was shown that the grand jury did not follow the proceedure pre scrlbed by the Californla penal code. A strong reason advanced was the biaslu and prejudice on the part of sev. eral of the grand jurors who returned the nladictment. Among thoe thus challenged are Wier. Presder Carr and Matthews. Matthews was particularly objection able to the defense. While acting as President of the chamber of com merce at Covinal he called a meeting at which resolutions relative to the Times disaster and bitter toward union labor were passed. It was shown that Matthews was for a long time in the employ of Otis and It is believed he was still in theservice of the Times when the fire occured. It was furth er shown that Matthews and several other grand jurors were the guests of Otis at his ranch during the time the grand jury was Iaseslon. The action of sart Rogers. the no torious M. & M. attorney before the grand jury also was made the grounds for quashlng the lndictments. The defence set forth that Rogers went before the grand jury without proper authority and both represented the district atorney's offlee and testified as a witnes. They also show that he gave illegal hearsay sad second ary evidence and that as prosecutor he disputed ad mwrangled with the witnesses, accused several of ying and abused and Intimidated them That Burns methods In breaking open John J. MeNamara's safe in In. disanpolls is not at all new is showi by reference to the files of news papers showing wher the Burns men In Sea Prnasco cracked the sate of Pat Caheoun a little over two erns ane. When John J. McNamans's aee was cracked, according to Rappaport's statement, valuable papers and $43t were stolen therefrom and the Dras thugs have made no pretense of ac counting for it. At ye time the the Nn Francisco sfe cracking took planoe Lee Angeles Times was In the pay of Calhoun, the notorious railroad president and as oused briber. Otis paper was bitter against Burna and it daily aortate.l the detective for his methods. In an editorial of March 30, 1!0 the Times said: "Did Burns will probably find out befor he goes much further that he is just as amenable to the law-just as amenable as any safe eracker." That was long before Buras did his kidnaplng sot for which be is now under Indictment In Isdladapolls. Buren is In hidnlg In Bngland. Polloe Detective James Koieak of Los Angeles who Is under Indictment In Indianapolis with Burns e She -ame felony charge has not retoroed to his haunts around Los Angeles and there is no apparent attempt to ap prehend him. Mm 1M.aaglpl in cout. Mrs. Emma MoManigal under went the ordeal of another day in oourt when she appeared to aswer to a sit ation by Judge Walter on a charge of contepnpt of court. The little woman has aged yeers since she was subjected to the tortwro by Burns Detectives She bore her etlt well and looked her perseecters squarely in the eye. The district at torney flied an affidavit concerntns her reftual to answer the questions of the grand jury. She had used her constitutisal right In refusing to an swer but the Burms detectives ar using every effort to get the woeme put In a prison eoli where they a get at her alone. They hope to break her down ln spirit as they have brokes her I health by their persecutitos. The defeose pleaded for more time sad were gives tour days to make reply to the affttidavits filed by the preoeeution. There is much indig nation over the way the woman is be ISg hounded by the detectives. These thugs and gun men swarmed about the woman the mlnute she appeared today. McLaren, the "operative" who is giving Ortle MoManlgal his daily 'lesson" was n the court room and his presence added to the woman's nervousness In speaking of the case Attorney Job Harriman eld: SWe feel that the grand jury has no right to force Mrs. McManlgal to testify. The prosecutlon has no right to demand that she testify at this time. Their action is without legal excuse. It she had been brought before the grand jurys before the indictment _ PU LRR Helena Boy Arrested by Militia Deputies Roundup Militia Men, Law Violated. The brutality of the scab herding offoers of Montana has been brought to light this week, and a boy of 16 years of age thrown In the guard house to satiety the cowardly and boorish nature of a bully officer. Louis Ftacoh of Helena, a lad of 16 years was coaxed into the militia by Captanla Travis of Helena company 0. The boy at first declined to join and Captain Travis went to the boy's fath er and the father refused to allow the boy to join the midtlU, but Travis wanted some one to boss over, and as men could neither be coaxed or bull domed into joinnlag the scab herders. Travis tried to recruit kids Into his compsay, and he told the slachl boy that it his work prevented him from attending drills that he would be ex eused. When lisehl was notified to attend the enasmpment. he told Travis that It was lampossible for him to get away, as he was working for the Parchen Drug company and could not get a lave of abeeoonse, Travis replied to the boy that he had to go. and the boy asked Travis "o go and see Parchen and get matters fixed so he could get away. and Travis told the kid he did not have to. The encampment did not start pro per until adt Monday, and on Sunday young Psohbl attended the Sons of Herman 's Plcncl at Central Park, adn had charge of the candy stand In the park. In the afternoon a detachment of the militia arrived at the park from Fort Harrison, under orders to arrest Private Fischl of company 0. The tin soldiers carried out their orders and made Private Flishl a prisoner, and he had to leave his candy stand and his money In charge of a by stander until the committee of the Sons of Herman could get around to were ohe might have been ask. *. to . . Now the indictments are oy the proeecution is simlpy tryinlg stract information from her to fl what she knows before the of the trial. Wedm oem. direct form Scot land T4 ILads, that the whole story sarns malng an important captuol "Caplan" or "Schmidt" was a giga ftake worked up by the de tective dvertislng purposes. At dbtriot attorney's office it was at the time that Burns was advantage of his pleasure trip at the expense of Los Angeles m paers. He simply spread the fra report and allowed the yielw u newspapers to do the rest. I Angeles newspapers made a blis s et of the take story and have caretf rehralaed from telling the truth alW the take. It is stoo Burns will return via a sad it iL thought he may avoid t states wherein he is liable to errnes the Indictment of kidnap ing In l. am.. Another report is to the " he has the Indianapolis matter rewsaged oe that he can go directly there and then go about his errandso .e his masters without fear of eon or laws. Jame. ies o k the Los Angeles po lite det*Ave io his also under in dictment pl.u t his old haunts with appareL . tear of being troubled by the pthoritiese It Is commented on that when ohe of the working clasu Is Sl the faintest suspicion of a et is arrested and Im prisoned 1 the offender happens to be a detective he is allowed to run at sare. This unjust discrimination is helpiag the campaign that la beling waged by the workers of Los Angeles and the prospects are favorable to the election of Job Harriman and the en tire Socilist ticket this fall attend to It. Arriving at the Fort. Fischl was thrown in the guard house, to re maln there as long it suited the plea sure of Tom Travis. captain of the Helena company of scab herders. On the following day Flechl was taken out of the guard house and put to digging holes in the ground as punishment. In the meantime representatives of the Parchen Drug company got busy and phoned to Captain Travis on be half of the P.schl boy and the next day the boy was given a dishonor able discharge and the kid thanked the officer for the same. No Cet Martial Held. While it has been given out that a oourt marti was convened and that the boy plead guilty. This has been denied by the boy, who claims that no o.ert martial was held, but that he was given the dishonorable discharge by the Captain. Hereo s a aoe state of affairs, a kid, only asiteen yearn old being dis heaorabily discharged from the mls tla, and having to carry all, the pen alitles to citleenship that dishonorable discharge carries with it. Captain Travis is reported as say lmg that the boy does not realize what dishonorable discharge means, well it wenld have been more honorable for Travie to have explained to the boy. the penalities before he joined the mil tia, instead of lying to the kid. Captain Travis is an exinsurgtnt, Tero Carter turncoat, and politica; soulllon at the state capitol for attor ney general Galen. living off and by the grace of the people of Montana. and Travis has violated the law of Montana by enlisting Into the actice militia a kid who was barely pixteen Ya eof age, and further violated the (Continued on Page 9.) MUST USE THE BALLOT Gompers Realizes That Cor porations Can Bankrupt By Litigation (By National Socialist Pres.) Washington, D. C. July 15-'"'he growing amount of litigation involving union labor wid soon make it imposes ibis for the organised workers to raise money to defend themselves. We will then have to quit hiring lawyers and stand strong in our defenseless posit ion." Thus spoke President Gompers of the American Federation of Labor be fore the special committee of the sen ate which is investigating the "third degree" methods of the police. After telling the committee about the Mo Namara case and of the contempt cases growing out of the Bucks conm pany boycott, Gompers declared that organised labor was getting tired pay ing big fees to lawyers. The labor leader Intimated that in the near future ad victims of the enemies of organized labor would go to jail and put their fate in the hands of ajury composed of all the pe.ople. The state would then have to pay the bill for both defense and prosecution. Gompers made this statement at the conclusion of his testimony relating to the kidnapping of John J. McNamara which is now being Investigated by the Senate committee on "third de gree". The veidence presented was practically the same which has been brought out at the hearing on Itepre sentative Berger's resolution before the House Committee on Rules. In opening his testimomny Gompers referred several times to the House hearing but always omitted the name of Berger as being responslbie for, or in any way connected with that hearing. Senator Brandegee, chair. man of the committee, noticed this strange omission and asked Gompers the name of the person who laid th", McNamara evidence before the House Committee "Attorney Rappaport", replied Gom. pern. "But what was the name of the Representative who introduced the resolution for a congresional Investi gation of this alleged kidnapping?" persisted Brandegee. The question was plain. Gompers replied. "Mr Berger, of Wisconsin." Getting down to the story of the ar rest of McNamara on April 22, Gompers gave in detail an account of the seisure of the labor leader and his being spirited out of the city in an automobile without an oppor tunity of consulting with counsel de spite the fact 'hat such an opportunity was demanded by the suspect, nsaacled taken at breakneck speed to Terre Haute, heed in a garage until train time and rushed to California. being placed on three different trains dur ing the trip." Declaring that such an outrage would not have been committed again st any person outside of the working class, Gompers mentioned the Hay wood case as another instance of kid. napping workingmen. This statement brought a smile on the face of Senator Borah, a member of the committee and who was one of the prosecuting attorneys in that case. Borah, however, agreed with Gom pers that McNamara had been denied his legal rights. As to the Haywood case." Borah said, "whatever may be said from the moral side, we lived up to the law technically. But in the Mec ..amara case, a police judge who had no jurisdiction turned him over to the C'alifornia authorities. Later the former prosecutor of >Moyer, Haywood and the other offi cials of the Western Federation of Miners, suggested that the committee summon the Indianapo'ls police judge ,before the committee to find out whether he had been "seen" by the Ihtrns men. Borah's suggestion was rather a surprise to those present, and It is doubtful whether the committee will accept the Senator's suggestion. The president of the A. F. of L. sprung a sensation when he charged collusion between postoffice Inspect ors and the Burns detective agency. He said: "I have Information which I shall submit to the committee within two weeks showing that a number of post office inspectors have lent themselves to the Burns detective agency and have done such acts asarenotwarrrent. ed by law." Gompers also told the committee about the contempt cases pending against Mitchell, Morrison and him self. He severly criticised Justice Wright for having renewed the con tempt charges, and dramatically de clared: "I am aware that the Senate has not the power to initiate impeach ment proceedings That Justice Wright des,.rves It, I have no doubt " I." urged the committee to make "an investigation into whither im peachment proceedings may Ie begun against this Judge." The committee took no action ,n the Wright charges, but decided to hear .\ttorny Itappaport, of Indiana polis, on the McNamara case, in the near future. BERGER AIDS MAIL CARRIERS. As a result of a call on First Assist. ant Postmaster General Grand field made by Socialist Representative I1,r ger, the Milwaukee letter carriers are to be allowed to do their work coat Iss. Tl'he postmaster of that city has been compelling these men to do their work in the blasing sun in full uni form. 'The postmasters of this country have got to treat the mail carriers at least with as much humanity as dogs and horses receive in hot weather," declared Berger. He also called on Third Assistant Postmaster General Britt regarding an application for second-class rates made by the new paper, California Social-Democrat, of Los Angeles. This paper has had some trouble with the postmaster o fthat city, who demand ed third class postage during the pen dency of the application. Berger had this requirement waived. Britt has so notified the Los Angeles postmaster. TARRIP ISSUE DYING QUICKLY. New of the formation of an inter national steel tnust at Brussels. Bel glum, indicates that at last he tariff Issue is to be buried in the national olltical grave-yard with the other re mains of a past age. The House democrats intend to re duce the dutlt on steel in order that its price may be cheapened by foreign competition. But they have not reek. oned with a combination of American and foreign steel manufacturers If all steel magnates are allied in one trust where will the foreign com petition enter? And what has taken place in the steel industry Is gradually taking place In other industries. This means that high tariff, Ilw tariff, or free trade wid not have the slightest effect on the price of commodities. Thus the republicans and democrats are facing the 1912 campaign with an issue hanging in the balance. But they will no doubt find something to confuse unthinking e. 'rkingmen. His tory has proved tLis. HILLMAN HAS GOOD RECORD. Lynn Haines, an insurgent, pays the following tribute to N. 8. Hillman, the only Socialist member of the Minne sota Legislature. '"The only Socialist member of the (Continued on page 2.)