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Montana news. (Lewistown, Mont.) 1904-191?, October 19, 1911, Image 1

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- I I I I I I J
Jury To
Suit Burns
Judge Uses his Judical Power
to Secure Jury iPrejudiced
to Defense
(By National Socialist Press)
Los Angeies. ('al., ct 14--"We'll
get the right jury." said William J.
Burns' chief operativ~ McLarten at the.
end of the second days session of the
court in the McNamara case. The
knowing leer on the face of the brutal
detective spoke louder than his words.
The conclusion of ''le slueth was
undoubtedly based ur n the rulings
of Judge Bordwiill on 'he objections
of the prosecution to questions pro
pounded by the attorneys for the de
tense to prospective jurors.
Z. T. Neson, a retired merchant
living at long Beach was evidently
anxious to serve on the jury. The
prosecution was equally anxious to
have him. Burns men wanted him.
Judge Bordwell made rulings that can
best be interpreted by the reader.
The first important question that
was asked was put by Lecompte
Davis of the defense:
"Havre you an oplon. Mr. Nelson.'
asked Mr. Davis, "Whether labor un
ions, as thty exist today in this coun
try, are proper, or are they inimical
to society and a menance to the wel
fare of the community?"
Then aroee a terrific objection o.
the part of the prosecution. Nelson
said he was not prejudiced against
,abor unions His apparent mental
rs,.rvation caused attorney Davis to
say: "This defendent is a member
of organized labor, and I presume the
motive they will claim-and I do n it
think y)r honor can have any doubt
of that, that the motive which actu
ated the commission of the crime was
to atngue what they claim was the
attitude and the conduct of the Times
toward organized labor. Now we have
got to meet 'hat. There is no quest
ion about it and that mater has been
discussed since long before this crime
was committeed and the question now
prstnts itself to your honors mind.
"Bhould a man who is absolutely
opposed to organized labor, who .s
blared and prejud'.ed against organ
lzed tabor. s't on this jury?"
Davis argued that bias and pr,'
judlce were clt.slve quantities and that
he sought the develope the real state
lo Nelson's mind. The prosecutors
wildly objected and Nelson, the pros
pective juror. in his eagerness, %ol
unteered the information that he was
a reader of the Times.
Then Job Harriman quickly asked:
"Does the use of the strike, by the
unions in conflict with the employers
prejudice you against them?"
"As far as the strike is concerned,
no," replied the tatesman "But in
the way they are carreld on."
"Never mind, that will do! Bald
Judge Bordwell with great haste.
('larence Darrow sprang to his feet
and said in loud, clear tones "I sub.
mit that the court interrupted this
talesman as he was about to explain
his state of mind. It is plain this man
has a prejudice and was about to site
It when the court stopped him."
The court ruled that the question
had been properly answered and Dar
row made an exception. Darrows quick
action nonplussed the court and the
defense quickly took up its advantage.
"But as strikes are carried on?"
qulered the defense.
"I was about to say," said the tales
man, taklg his cue from the judge,
"that-4hat-I know nothing of how
they are carried on "
'Phis weak and shifty statement
caused a ripple of amusement to run
through the courtroom.
Burns men, who are virtually in
charge of the prosecution, were elated
over the rulings of Judge Bordwell
and it was upon these ruling and his
interruption and guldance of Nelson
that they basel their hope. of rtttting
"the right jury."
"We've got them here and we'll
hang; them," has been the oft repeat.d
statemmnt of Burns and his ,opratives
Now they have changed it to: "W.
will get the right Jury and we'll hang
the McNamaras."
Hearst's Los Angel.es Examiner
played up the most vicious story that
has been printed since the arrest of
the McNamara boys. Coming out
with a first page flare on the opening
day of the trial the yellow sheet re
peatedly spoke of the younger Mc
Namara as "James Bryce". The
whole intent, seemingly, was to pre
judice the public against the prisoner
on the day he was to be tried for his
This following the persistent cam
paign of the Times in circulating its
infamous pamphlet to etvery juryman
of the county was a particularly vi
cious proceedure.
('larence Darrow attempted to nulli
fy some of th- bad effects of the Ex
aminer story by moving to correct the
records and fill in the fuil names of
the McNamara brothers as John
Joseph McNamara and James Barn
abas McNamara but Prosecutor Ford
made a vigorous protest showing that
he will late try to prove Jim Mc
XNamara'a name is James Bryce. This
the defense will readily disprove
Shelff Wilhlam Hummil is giving
giving his pesonal attention to the case
but McLaren, the Burns bloodhound
slips around lasuing his orders to pro
scvutors and sheriff. Burns still oc
cupies the leading position In the case
and his operatives are doubling their
efforts to keep the professional con
fessor. Ortle McManigal up to the
mark. McManigal is coddled, hum
ored and peti d by the Burns men.
lie goes unshackled on his daily walk
on the street, smokes his good cigar
and enjoys the sunshine .
In taking the McNamara boys to
and from the jails the sheriff heavily
man.acles them.
On the first day of the trial only,
did John J. get a breath of fresh
air and a look at the green lawns and
trees on the court house grounds while
th." ImgK hours Jim is In the court
he enjoyed a moment in thee unshine.
Now John sits alone in his cell during
Without the slightest hesitation
Judge Iordwell ruled that he was a
proper person to try the case and he
overruled a motion for a change of
venue. This apparently disposes of
that feature of teh case that thefil
ing of affidavits may be looked on as
a move on the part of the defense to
estahlsh records.
When the time came for the actual
heglning of the trial the indictment
against John J. and James B. McNa
mara charging them with the murder
of Charles Iaggrerty, was read and the
trial had lbegun.
Clarence Darrow elected to try the
men separately and the District At
torney disclosed his fatehood by se
lecting James McNamara for the vic
tim. lie had declared John would be
tried first but he did not deceive the
defense and all preparations were
made to defend James B. McNamara
The defense well know that the case
against John Is of an extremery flimsy
character and that there was no
chance of his trial until after the trial
of James H. Is ended. The entire
frameup so far as the Los Angeles
end in concerned is against James B.
The steel trusts ease against John
J. McNamara is not considered here
at this time and It Is not even spectu
lated upon at to how much of the
evidence they have will be admitted
if J ohn J. Is e.\..r pIla.d on trial.
(If course the shaltolw of John J.
wii at all tlmn b,. ini th,. hiackground
for it is againist him that capltallim's
conspiracy In aimed
The fact that Jiirir. whi, shall be
finally chosen to s. rv.* w ill be virtual
ly prisoners for s. r.mral months wil1
make' it difficult to K. t a Jury. Profes
a.onal jurors by th. w'er,,. are, on the
venlre and they w ill I. on other
v\'nlrt that follw. )I(h n men were
heldl thie first thrmee diays of thie tria.
but se.\'veral of them had expressed
opinions on th' c'ase andl not a single
jullrir came out ,of the first crowd that
i)*hpite all n" wa .p..p r rieports. to the
c.ntrary th. Taft tour of th* Pacific
'msit W:as .a fr .nt Iroim start to finish.
littl,, attentiin was\. paid to him in
rel~,,n ;IanlI .only the circus parade
crands turnetd iouti. The dIay ,before
hei riac.h. el Ca';llifornia h,, was met
\ilh the n.ews that that stat. had
a;iiI.id the recall of all sat' officials,
Harrlman Lines Erippled,
A complet0. tie up of all the rail
roads in the country is s. en as a pos
sihility In the next few weeks by L lis'
Presemble, head of the North 1 t.
ern system federation, as a result of
the present strike of the shopmen o
the Illirois Central and Harriman
"The American Ralvway Association
including practically all the railroad
companies in th*e United States. ia
standing solidly behind the Illinois
Central and 'he Ilariman tnes in their
fight, and Is giving them all the help
the.. can to defeat th, strikers," sa-s
Railroads Fer Shopmen.
"They realize that if the shopmen
on the Illinois Central and the Harrl
man lines win out the ahopmen on
other roads will rhort.y urmand and
win the same concessions now de
manded by the striking shopmen.
"Even the 11i1 llines in the north
west, though they are bitter foes of
the Harriman roads, are laying off
men now, partly, of course, because
they need fewer men in the autumn
and winter, but chiefly. I think, in the
hope that this will enable the Illinois
Central and the Pacific to get exper
ienced shopmen for service during
the strike.
Will Grant Demands
"So far as financial resources go.
the railroad corporations has us
hopelesly swamped; but if we stick
together through thick and thin with
a firm determination to win out In the
end, there can be absolutely no doubt
they will have to grant our demands.
"If the strike on the Illinois Central
and lHariman lines Is proonged on
account of the assistance the other
roads are giving them, the shopmvn
on all roads will be compelled to
make common cause with our brother
alrady out and completely tie up
the entire countr"."
More Workers Pledge Aid.
Secretary Treasurer Carr of the
Rock Island system federation, as well
as Presemble, assured the strikers of
the moral and financial support of th,
organizations they represented a case
they themselves were not called out
on strike in the near future.
A report that Northwestern engines
were being used on the Illnlos Cen
tra: was denied by Mr. Presemble.
lie said:
"1 want to assure you that no
Northwestern engines have been or
will tbe used on the Illinois Central
during the present strike. They
can't spare an engine themselves now.
and if they should send even one
engine over to help out the Illinois
Central. it woul'd be the last they'd
usend before the Northwestern shop.
men would walk out In a body."
Outlltea lMoptem's rFight.
Presemble outlined the fight made
by the shopmen on the Northwestern
for a recognition of their federation
and stated that It I unow up to the
ant rnational officers of the crafts re
presented in the federation to deter
mine what the next step will be, now
that General Manager Cantilllon has
at least tentatively refused to reco_
nle the federation
If the International officers are un
able to obtain a recognition of the
federation from the Northwestern rail
road they will call for a strike vote
Includlng the Judiciary. I'h.< n
cruel slap at thhe Prealul, nt %h,, h l
been making speeches In f.,. ,f ,I :h
In addition to the reeI.l .
Ists are. rjoling that the. : .
by an overwhelming vuotl . r
the referendum and uth , L nt
am, ndmenta to the cnst '
In I.a Angeles and Sin .' n Iv'o
all the powers o labor h t . , ;.,, .
Ism were thrown agalnst ' -
sur*, and against wom.an - ." .,
Th.e .orialists ev.rywher. 1
for all the progressive m. '- .r. mr,
are now jubilant over th, r -
Job Ilarriman. candidat r rn .1,r
of lde Ang.,es. ran an. hrle
auffrag,. meeting at whl :, n
comlltitor was to hb th. -' -. , r.
It " as an unint. ntional u-,'. .i and
at the overflow meetine *0 itly
ha;l gave ti "good got. 'o 't I',
Ilt!i: l) party a terrible s,
The chance.s u the elect I l urri
m:an and the entire -. :,,t
gr,,ws brighter ev\'ry di,,
on the system. and if th mr n th.en
e;ect to walk out the int, rnational
otfflcrs will re..mm.n.I 1 strlk..
which would tie up the Northwestern
system as tightly as the Ilihnois Cn
tral is mow.
There are no new devel-.l ments n
the big railroad strike on the Har
riman lines. The strike has d. -
veloped into an endurance. cont.est.
The capitalist press are printing
great stories about the strikers want
tag to return to work and that he men
went on strike against their will. All
this is misrepresentation on the part
of the capitalist press.
The constitution of the unions in
volved In the strike read that no strlk.*
can be called unless two-thirds of
the mee involved vote in favor of I
l.al4?y pmast at the men on the
Hariman lines who are now on strike
voted in favor of the strike. With
this number of men desiring to strike.
there was nothing l,.ft for the officials
of the unions to do, but to call the
James O' C'onnel,. national pr."li
dent of the Machinists' union opposed
the strike, and the local lodges of
machinists along the Harriman lines
sent delegates to the grand lodeg con
vention of machinists, which was in
session last month, in Davenport. Ie.a;
with instructions to make a fi-ht in
the floor of the convention to ha.e
the Grand Lodge of Machinists t1,
order the strike.
The convention after list, nine ti he,
arguments of the delegates from ,"
the Hartman .lnes. ord, red the g-an.i
lodge officers to sanction the strtk.
the machinists on the Harriman lin, -
The whole talk about the nm n ,.n
strike being dissatifed with th, uonei
is all talk, started by the capitalistca
press at the instigation of the rail
road magnates.
Reports reaching this office from
men on strike Inform us that ther.
are very few practical, or 1.xp.ri.ne. d
men among the strike breakers, and
that those who are acting :as strlk'
breakers are only dummy workers pulit
in the shops, who make a pret.,n..
at working In hopes that the strikers
may become discouraged through the
display of numbers in the shops, anl
decare the strike off.
The railroads are gradually becom
ing crippled, and It Is only a matter
of time, until they will be compe llI.ll
to settle with the men. The strikers
expect that the strike will be of two
months duration.
The Grand Ildge of Machinists
recently In convention, voted to asses*
each machinist $2.50 per month for
the benefit of the strikers on the
lHarriman and Illinois Central lines
The shop foremen w ho w·ere not
called out when the strike took place
h;ave been ordered by the' unions to
rease work. this will have the effect
of further demorallizing the working
of theehops. as the forem.en aret th',
exceutive heads of the shops and it
will be a hard proposition for the
scabe or saelles to reorganize the'
working force.
Th.e machinist union has $400.00o
in U. II government bonds, but the
other crafts are not so well fixed
flnaetcally and a call has been lesued
from the strikers for financial assist
ance to carry on the strike
Big Trial
Has Began
Labor Hating Plutes do Their
Best to Create Sentiment
Against Labor
(ny Natlor.al Socialist Press.)
Los Anga I. s, ('al. (Pt. 1 t-Jam,.s B
McNamara was put on trial for his lif.
I. fore Judig. Walter Bordwell in d.
partm.ent I,. v. n of the superior coure
ch,.Ir* d with the murder of 19 men in
cunet-tiin with th.* fire which destroy.
ed the Los Angeles Times on O)ctoher
1. 1:,10.
John J. McNamara will probably not
1.. placed on trial for several months.
The first action was toward select
ion of the jury. which is to sit in th,
Attorney Clar, nce Darro,'' prr -
dictions wt re fufilled wa, n the first
of the proposo d jurymenr w r, I'la, 1I
on their examinatiin
The effect of th* clon.tant caml,ai.n
,of prejudicing th. public minil w.i,
imm.ediate.ly apparnt. In the \ nire
is teat. ly a man who is not known .s
ha ing a prejudie against labor so
.c.niza*,,ns. M. m. mrs of the 31 &
.M are on the list and r al "st.ate mn n
.anri merchants make up a Irge p, r
tion of "*h. venlre.
Hlarry'handler, son-in-law of Otis
and general manager of the Times is
'on the venire as is Baker of the Baker
Iron works, and two of the Liewellyn-.
where strikes have' heen in progress
for over a y. ar.. Of course there i
not a chant. that th,.se men will I,
called, bu t it shows that the type of
men who have been selected to ser\le
on such juries.
"We don't care what the lef. ns"
says or doe., we've got the upp..r hand
jut now and we will put the McN.i
mara.. o'ver Ev rnothing Is ('omeiI
our way these da)y and there's no
thing lacking.' said a I[urns' operati..
to a newspiaper nman 3tsaterdaiy.
fl-, .t n te itury lacking? wt
.ti ked.
sTha i a!i r~i1t." r. plied the d. -
t.ctlte with a duiuh, we are not at
Thi se. mn- !.. sure tip th. w h.ih
S uatlt n Ift. n !h, polnt of the prose
.w ultý- ' r isn is the prosecutlon,.
t h i? -. r r rr · the miiiier and, if
!tie prs. ni it. nd a ntinu. s he will
try t " I. the : a~li., utnd th." jury.
Inlfanl haum Ihampklt entl to
I,, t, remined that an unprejudiced
jury shall not he secured, the Times
has sent .i copy, of its Infamous pam
phlet to t very taxpay-,r in Los Angeles
county. This p".llphli.t is c,·lculate.d
to pro\v the dynamitet theory and tI
still further prejudtl.' the read, r
agwinst the McNamaras and agaln-t
all labor.
Judge Ilordwell has taken no sterp
towards stopping this action but h.ia
gone calmly about his work of select
ing ia lnire of 150 nam.s.
Amonr,g those placed ,.n the .lst t,,
ltrdw ell, were the names of a num
I. r of hankers. members of the M &
\t . reactionary potlle'ans. wealthy
ranchers of the Timrns cla.ss and. in
fact, 'every thing tut members of th.
working class. The list of na.mes
reads like a group s.elected to attend
ten-dollar-a-p'ate banquet given to
President Taff.
VENUE (Iant.ge Denied.
As soon as court opened the roll of
the remaining 54 verlremen was call
vd. 1 he defense then presented af
fIda\vits supporting its formal actionr
davits were sworn to by both McNa
for at hange of venue. The affl
mara hrothers and alleged ,las and
prejudice on the part of Judge Bord
well The court Immediately denied
the motion. The defense exc.epted
the ruing and alleges that Bordwell's
.uCtlll is certain ground for reversal in
,a:ts ,f conviction.
T1h so affidavits recited at great lten.
gth th· m ,r. L. A'i "
n." sra t - .-1 .,i: th. Vi
t - r~,f to mntm anal 1.r"
1jh.dli m.nd Ti' r.
I- mt unnftirn" -s *.f th- m,"th, .i ,;,,l ,I
I,!- th., lahl~t h:cicing ,rgunnlzaitj..nq .in-1
tii. xt. r,. t"" t hi. h the 't'i.mr ha:
r.n. to j~r. -nt 1 .:inry h., tmr -"hi~t"
"hich m-r ht a " fir trait ta thpe
,Icr! "..I I ' .rk. r-. Tih al I '
dwd;t upon the infamnu. Time.
pammphl. which d d cl i. a that 'J.hrhn
J. McNamarat t a the aulth.,r and dt
r~ctor of thin pain l..r ihlotii.r..r ,1 th*
Tim, s himml~mjirt mn.I murd.trmt~r :t.
.inijttimfr . In thait he mrppli" d rhp.
tflifl y for th,.t ini] oth.r *
Th. imamnphl . i. k. pt mx nitn r.
hourr o ~th. l.ty dal. th. .. fIn-n.". h t
C..mmnmi n.m tm c.mmmntm"ram it- ..t 'I
itfi Qt+.
('lman,,. for it -'alr Tri-al Skin
W"1ith thi' F'ort of thine L.lnL~ .n
indi th, Inlirnit, ,I time and op",rtint 'y
make 'Ipl nts' and maintlfaltir
v v:dl.nee, th. r.' I, every rts:en tI.
,, li.t e thoe lBurnsr htneh has ,'v. ry
thi:n ni,' Iy framed and there Ls IlttI.h
h.,p, for a sqIar.e deal for th. Mc
Namaras." said a prominent attorn y.
n ho Is not allied with or particillar'y
interepted in the defense of the Im
pri.+n, d iron workers
Lond and long are th," protentln,
that a fair tria; In assured. The dis
trict attornmy grows Indignant at ,any
mentlon of a prejudiced public or
a.'". judIe or jury.
.Anlt r the men who :are mentionr 1,
:t lik.ly t hbe associated with h
pros,'e('ution ar.t frm.r I'. ,. hi-tr ,'
.\ttrn y ).c'ar Lawler. who was It t!
linner' fri, nl and who s.h e," . IJ , I
c.,tinr Taft in su'h horrihl, nr ,il.,
last pr, N ions to his dlsmiss:al ,\' To "
",,rm, r :,ntl.itr Ir;ink P. fIlint. w .
was for a.rt a h. nehma "
South. rn P'..cil'i, politli..t; I 11 m ". : ,
Earl flo r"r. a'ttrn" v for th \I
1. ho took Wit'h .1 plromlinn'
n th first d .) of the mrtnd .
n\v.sthratlnnn .f the Tim. .l :- 1
The, alllanc., with th*e, m n i- .t o-..
f, .,n of, th,. ,.m tll.,t, -atrr, nd, r
th,, po.wrs that ir. :l 'tlinr e th
wor "n the ceo't
Th.- . n."ndinri nt t.. th, ct.rt -
sjipt.tl- ",f c`liif.rni l rLrI.inl r II 1
iii'rr. fl hi', i iii ifr b. vr i n I i n 1
TI b 'i'si.n'jn six h tt ain it !
the nt at.' e "t gui tt.,nff at thw ithv nit
fate' uii In Ry Mnt a i th m n r T
The dues recrived at the National
Headquarters of the 8odlalst Par)y,
during the month of September w.,r
$5,043 35. This repres, nts a nmm
bership of 901,62. Upon first elght
it would seem to repres nt a membtr.
ship of over one hundred thou..nd,
but a portion of the dues came from
unorganized states and territories and
members at large, who pay ten cents
per month Instead of five Th. nxt t
highest month was March, 1911, when
the amount received was $4.212.85
The average membership for the first
nine months of 1911 is 79,494. All
party members should get In line and
boost for the hundr d thousand mark

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