The San Francisco call. [volume], April 28, 1911, Page 2, Image 2

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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2
McManigal Called Harry Orchard" of Dynamite Case
. r— . >a t i — tt
DEFENSE LOOKS
FOR TRIAL LIKE
THAT IN IDAHO
Attorneys Will Represent Only
Two of the Alleged
Conspirators
Other of Trio Is Waiting to
See Burns Before Get»
ting Counsel
immediately responsible for the de
struction of the plant and the killing
of 21 men. lie charged J. J. McNamara
with ■-implicit in the same crime. It
was Secretary McXamara, he said, who
conceived the crime, planned the de
tails and delegated his brother to carry
them out.
He said J. B. McNamara, who was
known as Bryce, placed the dynamite,
with the alarm clock attachments in
the "ink alley" of the Times building,
broke a gas pipe to make it appear that
an explosion of **»•* had caused the
disaster, and hurried away to take the
"I.ark" train on the Southern Pacific
for San Francisco.
The Lark leaves Los Angeles at S
o'clock in the evening and the explos
ion did not occur until 1 o'clock in the
morning. *">
Hence, according to * McManlgal's
statement, McNamara was five hours
but of Los Angeles before the clock
had ticked the tragic moment.
The conceptor of the alarm, he said,
was J. J. McNamara, who bad pro
nounced it the most cunningly ar
ranged agent of destruction ever in
vented.
MeMa pi gal said that J. B. McNamara
(using the name of Bryce), David Kap
lan and M. A. Schmidt bought the dyna
mite from the Dupont powder works
across the bay from San Francisco, and
that Schmidt and Caplan remained in
that city.
RECITES LIST OF OWN CRIMES
As to his crimes, McManigal gave a
long list of dynamite outrages, In which
lie freely admitted his guilt. The man
whom he charges with being primarily
responsible was J. J. McNamara. This
man, he said, decided about three
years ago, the only way for the union
iron workers to win their fight against
the erectors' association was to use
dynamite.
• "It was at this time," said the pris
oner, "that I was made acquainted with
iraara's terrible plans . and em
ployed to do Jobs. My pay was to be
$20 Oin advance, upon undertaking any
dynamite order, and $500 to $1,000 if
successful, .. t;:
McManigal said lie was not present in
Los Angeles when the Times building
■was dynamited, it having been decided
that he should be In » remote part of
the country so no suspicions could at
tach to him. He reached Los Angeles
almost three months-later and blew up
a section of the Llewellyn iron works,
he admitted. ' . --1, -'■ ':'. ,' * .(-".->;;.
That part of McManigal's confessldn
relating to the destruction of the Times
building and the alleged participation
in that crime of Schmidt, c'aplan and
J. B. McNamara, was furnished to him
by the latter, McManigal said, when
they were on a hunting trip early in
tjie year, in the Wisconsin woods.
anly McNAMARAS
v have counsel
McManigal Is Without At
torney Until Burns
Arrives
[Special Dispatch, to The Call]
DOS ANGELES. April 27.—Practi
cally branded as a Judas in the ranks
of organized labor, Ortie E. McManigal
tonight is without counsel. Attorneys
for the defense are planning the'cam
paign to free John and James Mc-
Namara on the theory that McManigal
Is another Harry Orchard and that
this . base will lie one of the impor
tant factors in the trial.
.The two McNamaras are now the
only clients of the attorneys retained
by the labor organizations and the
legal fire of their defenders will be
turned 'upon [McManigal; the man who
"was placed in Jail with them yesterday
Its an accused fellow conspirator.
McManigal, about whose alleged con
fession so much has been said and
•written, was examined for three hours
today by District Attorney-John D.
Fredericks. ' '".'.-"■'
| Attorney O. M. Hilton, chief counsel
of the western federation of miners,
,-sakl this afternoon that he was con
vinced that McManigal made sworn
statements at that time purporting to
fix 'the' guilt of the Times horror arid
other dynamite outrages upon the'
labor leader and his brother. The
•statements of District Attorney Fred
ericks in this connection were consid
ered significant but not conclusive.
But Hilton declared that the state
might be in the position of having an
alleged confession that was denied be
forehand by the author of it *-
McManigal will have, no attorney. At
a st**he told Hilton so when the latter
called upon him at the jail today and
later District Attorney Fredericks
made the same statement for him. /
liAWTERS ENGAGE OFFICES
After visiting the prisoners. Attor
ney Hilton today engaged offices, five
blocks from the jail, as headquarters
for the attorneys and the corps of
clerks, who will be engaged In the
trial. He left tonight for Pomona, his
winter home, where--he was when he
received notice from President Moyer
of,the "western federation of miners to
come to Dos; Angeles and arrange for
the defenseof the alleged dynamiters.
He will return Monday. Clarence
Darrow," he said, would be In the city
by '*$. time.
Hilton met the repeated reports that
Clarence Marrow was not coming, with
the statement that he had received
telegrams from President Ryan of the
iron; workers' association, saying posi
tively that Darrow had been retained.
District Attorney Fredericks is in re
ceipt of a telegram from his assistant,
IV. Joseph Ford, under arrest in In
fllanapolis for complicity in the - al
legro, kidnaping of the maras,
stating that he expected to start for
home in a few days.' '
»!r>AMAR\ BAD HIS RIGHTS
A letter from Ford-to Fredericks,
•fitten; last Sunday before he^waSar
Burns Says He Is Marked
For Death by Enemies
"** [Special Dispatch to The Call]
CHICAGO 27.— W. J. Burns has received intimations that lie
is marked for death. This docs not come through threatening letter.-;,
but from sources more serious. What they are he will not say. All he
says is: " , " _*"
"If I should be killed tonight, the men who blew up the 08
Angeles Times building and caused the deaths of 21 persons would be
convicted just the same. I say this advised! because of things I have
heard today. Now, I wish to say for the benefit of all that the evidence
in the case, gathered in a period of six months, with the expenditure
of more than $50,000, has been reduced to writing, and several copies
deposited in vaults in various parts of the country. The same care has
been taken with whatever confessions arc in existence, and I wishto
add that 1 have never said that confessions have not been made.
"I hear tonight.*' Burns continued, "that efforts arc being made in
Los Angeles and San Francisco to intimidate witnesses Who will be
called to identify James B. McNamara in connection with the Los
Angeles explosion. 1 have instructed my men on the coast to take up
the matter and make the fullest investigation. ,
"1 see the game of those who arc onoosed to a fair and honest
trial for these men. They will attempt to set up an alibi."
ies»»ee»oeoeee>soo>eee*eeeeeeeeoe>eose»»e*seeeeeeo
rested, and received,.here today, con
tains the following paragraph, the only
part of the . letter which Fredericks
made public:
"There is some complaint that Mc-
Namara was not given the opportunity
he should have had when presented to
the court for identification to prove
that he was not a fugitive. I was not
present, however, hut as I have at all
times insisted that nothing but legal
means be used, I presume that every
thing was regular and that he was
given -nil the rights to which the law
entitled him at that proceeding."
Asked again tonight about the con
firmation of the alleged confession,
which it was believed Ortie McMani
gal gave to the district attorney to
day, Fredericks refused to add any
thing to what he already had said, ex
cept that McManigal did not want to
be interviewed by any attorney or any
other person. '
"Do you believe that you have a
strong case against the McNamaras?"
he was asked. "Wouldn't it not look
like boasting to say that I have?'' lie
queried in return.
PROSECUTOR HAS OTHER MEANS
When asked if he considered Mrs.
Ingersoll's Identification of James B.
McNamara as the man who occupied a
room in her San Francisco lodging
house under the name of J. 8.. Bryce
sufficient and final, Fredericks asserted
that he had other means of establish
ing the fact that McNamara and Bryce
are the same man. He refused even a
hint as to what these means mighty be.
The district attorney also said, in
answer to a question as to the like
lihood of more arrests in the case, that
there would be none in the immediate
future. . ";-■>■;?.'
District Attorney Fredericks declared
that he is ready to proceed with the
trial tomorrow, but is in no hurry with
even the arraignments. He.is perfectly
willing, he said, that the defense*have
ample time. ■/; -.';.?
He declared also that In- his opinion
there was absolutely no need for a
change of venue, a matter* which Is
the subject of much official talk here.
He believed there was little likelihood
that there would be a change of venue,
although that is a matter which rests
solely with the court.
HARRIMAX IS MQCTIIPIECE
; Union members have done away with
the committee which they recently ap
pointed to make statements for them
to the press. It has been decided that
publicity shall be given to union affairs
affecting the cases of the McNamaras
and McManigal only through Job Har
riman, one of their attorneys.
A committee of two union men called
at the jail today to.visit the prisoners,
and after a brief conference with Sher
iff Hammel were permitted to enter.
They were J. E. Timmons, resident' rep
resentative of the international associa
tion of bridge and structural iron
workers, and V. J. O'Leary, president
of the local boiler makers' union.
They were allowed to see only .T. J.
McNamara. secretary of the organizat
tion of which Timmons, also an Indian
apolis man. represents here. They re
mained in the jail but a short time. Mc-
Namara being summoned from his cell
in the emergency tank to the office to
see them. They assured him of their
sympathy and support and conferred
about business in the office of Mc-
Namara since he was started upon the
trip across the continent.
MCMANIGAL IX
1 BURNS'EMPLOY?
Belief Is Prevalent That
' l Confessor' ? Aided
Detectives
[Special Dispatch to The Call)
DOS AJNGKUSS, April 27.—1t is the
declared" belief of labor leaders here
that Ortio McManigal had not only
been In close touch with Burns or his
operatives for some time previous to
the arrests in the east, but was in the
pay of Burns, and that for his con
fession and other information fur
nished he has received a, large mone
tary reward, as well as a promise that
lie would be "taken,care of."
Judge O. M. Hilton, chief counsel
of the western federation- of .miners,
and retained together with Clarence
Darrow. to represent the. j McNamaras
in future legal proceedings., visiter*! the
prisoners at the county jail today. "
j Taking with him" Job Harriman, a
labor attorney, and J. B. Timmons. or
ganizer here for the iron workers' asso
ciation, Hilton turned to McManigal
while the jail officers were arranging
for the bringing in of the other men
and asked: -*'*-'
"Have you confessed to Burns or any
one else any details of an/** dynamite
plot?" ,
"Never." replied McManigal. "T not
only have not confessed to Burns or
any one else, but have not conversed
with the detectives on tin* train con
cerning the case, as ,the newspapers
say." . ,-■*,,
McManigal further informed - Judge
Hilton that any reports that he had
confessed or made any admissions,
either in Chicago or en route here, were
false. "V*r**'*l'*'****ffi^
Soon after this incident'the district
attorney had McManigal taken to his
office. The prisoner left the county
Jail about 10 o'clock and remained clos
eted with the district attorney until
noon. During^ the- two hours' confer
ence M. Manigal again went over the
Story he is reported to have told Burns,
and explained to the district attorney
his part in the affair, together with
what he would testify to at the trial.
It:is -said.'- ■:;■ . <■ .
■ :ln. 'denying to' Judge Hilton that he
had made any confession, McManigal
remarked that he did not care .to dls
*-cuss his. part of the . case or-arrange
for counsel until" he had heard from
or seen Detective Burns.
THINKS 1 IT IMPORTANT
•I consider the fact that I obtained
from McManigal in the presence.,'of
witnesses an unqualified statement that
he had never made any confession 'of
great Importance "-s'ald;Hilton.,v'l also
THE SAN FRANCISCO CALL. FRIDAY, APRIL 28, 1913
congratulate myself that I secured such
an admission from McManigal before
the district attorney had had an op
portunity to 'shake him down.'". -
As a result of the information fur
nished from time to,time by McMant
gal, declared one of the Burns opera
tives here today, a mass evidence
was piled up against the trio now un
der arrest. Far from resting his case
upon McManigal's admissions and later
confession. Detective Burns merely
used them to aid him in unearthing
more evidence, this operative declares,
the whole of which, he affirms, will
certainly prove the guilt of the Mc-
Xamaras.
The details of McManigal's confes
sion are being carefully guarded by
those in possession of them. District
Attorney Fredericks today would not
even admit that such a confession ex
isted. Asked, if the confession would
be given to the press the district at
torney said it was not the usual pro
cedure to give such things out.
narrow to AID,
i/ TVEITMOE says
Secretary Hakes Public
Wire Correspondence
With Attorney
O. A. Tveltmoe, secretary and treas
urer of the state building trades coun
cil, made public yesterday afternoon
the following communications between
himself and Clarence 8. barrow of Chi
cago relative to the latter's employ
ment in defense of the alleged dyna
miters, now In jail in Los Angeles:
San Francisco. April at.—Clarence S. Har
row. Ashland Block. Chicago: California
union labor want* you chief counsel Los
Angeles cases Immediately. Full charge.
Fee no consideration. Wire.
O. A. TVF.ITMOE.
Chicago, April M. O. a. Treitmoe, San
Francisco: will wire definitely tamer
got do one until consultation. Unless one
first class man In San Kr«ncl*e« or !.-■* An
gele*. L, Ij: know the compensation . satisfac
tory; it is the responsibility makes me hes
itate.. Still you know me.
} CLARENCE S. DARBOW.
San Francisco. April 2«.-Clarence S. Har
row, Ashland Block. , Chicago: I know yon
ami uu'lrrsund tbe responsibility which
make* . you hesitate, but .labor* greatest
»nd perhaps our.final battle In court need*
yon a* the directing head, anil I know you
will give now. a* in the past, the beet you
hare for humanity* a'lraucemt-nt : toward
more freedom anil happiness.
6. A. TVEITMOE.
Chicago. April 21. 0. A. Treltmoe, San
Francisco. C*l.: The union's attorney from
Indianapolis leaves Friday. I want all pos
sible time to arrange business here. Hare
started investigations Indianapolis..;*-. Many
lawyers through country anxious to get trim
cue. Have no one In any capacity except
possibly able man long residence in Sun
Francisco or Eos Angeles with Harriman
until full conference. We must pick erery
man and must be harmonious. I fully ap-
predate the contest and If some one else
undertook 1t should be glad, but I am your
friend and organized labor's. • ..-
CLARENCE S. I>AKI!OW.
San. Francisco, April i:'*. Frank M. Ryan.
General President Bridge and Structural
Iron Workers. American Central Life
Building. Indianapolis. 1n.!.: What steps
hare you taken to protect McXamara's legal
rights In California? We are prepared to
give all possible assistance. Wire year re
quirements. Hnvp already -Instructed our
!>•» Angeles attorneys to look out'for the
case. . O. A. TVEITMOE.
Indianapolis. In>l.. April 21.0. A. Treit
moe. Metropolis bank building. San Fran
cisco: Clarence S. l>arrow lias been engaged
by our association to protect, the interest*
of Secretary McNamara at I.os Angele*. and
is making the necessary arrangements.
1". M. RYAN, International President.
GIRL IS SHOT DOWN .
IN REHEARSAL OF PLAY
Teacher Fires Revolver She
Thought Unloaded
| MANHATTAN, Kan., April 27.—While
rehearsing a play to he given" by the
pupils of a: school at Flush, near hear,
a woman instructor shot and probably
fatally wounded Pearl Reedy, 18 years
old. A revolver is used.ln the play,
and a short time before the.rehearsal
began yesterday one of the hoy stu
dents slipped into the room and. taking
the weapon from a stand, placed a
cartridge into it and tried to shoot a
bird. .-, . . . *.- ■ ■. *
The cartridge did not explode and he
returned the revolver to the stand.
...When:the time came to.use the fire
arm in the play the girl who was to
use it, after picking it up, laid it down,
saying she was "afraid of the old
thing." . -^^BW^^S^gm^mmkM
To show the students there 'was no
need for alarm, the teacher pointed it
at Miss Reedy and pulled the trigger.
The girl fell with a bullet near her
heart. ■ .
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"I DID IT ALL," SAYS
DETECTIVE BURNS
Captor of Alleged Dynamiters Laughs
At Arrest on Charge of Kidnaping
Continued From Page One
that portion of it which Is true —
sensational enough*" he said, "but when
from the witness, stand in "*he Cali
fornia city everything is made public
under oath, the full horror and mag
nitude of the crimes laid at the door
of these men will begin to break upon
the public mind. .
"I do not believe that organized labor
stands for murder," said the detective,
"and I believe that when the whole
story is laid bare every big labor leader
in the country will renounce and de
nounce these fellows, for I do not for a
moment believe that any labor officials
higher up than are these men were cog
nizant' of what was going on.' Mc-
Namara, the brains of the,band, had
worked himself to a pitch where he
believed any course justifiable in up
holding the principles lie advocated. '
"And I charge that this same; gang
is responsible for similar outrages in
all parts of the country. Conviction
in a case of the kind means the death
penalty for which reason, one can
Imagine, I was absolutely sure of my
ground before any charges or any ar
rests were made. I understand that
certain labor fellows in " Indianapolis
have gratuitously insulted me—that
they have openly declared this a 'frame
up* on my part that I myself had
planted the dynamite and nitroglycerin
which^were found. What a dastardly
thing that would he for a detective to
do! Knowing that conviction might
mean death to the principals, a man
who would 'frame up' anything of that
sort would deserve no consideration.
No punishment could be too severe for
such a cur. That is my best answer to
those shouters."
It was suggested to Detective Burns
that a .San Francisco boarding house
keeper had been mentioned as a pros
pective star witness in the case.
BURNS DID IT ALL. HE .SAYS
"In that connection there is only
this to be said,": was the reply. "This
case was worked up by myself and my
assistants, with appreciated help in
some instances from city detectives.
There was no 'tipping' done. No woman
ever gave us any information. The
case is a perfectly simple one. as will
be shown when it comes to trial. We
have the *jnen responsible—the men we
want. The confessions are not needed.
The case is strong enough and the re
sult will be conviction. I know it. I
never denied, however, as has been said,
that- McManigal had confessed. I did
say that McManigal had made damag
ing admissions, which Is true. . •
"As to this kidnaping matter, it is
an amusing charge. Those fellows op
posed to me shout . 'kidnaper,' but we
hfear nothing of wholesale murder from
their* lips. They , avoid the subject.
They avoid reference tq,'...the dynamite
and the 'nitre-glycerine we discovered.
"Why don't they account for "these
things? ;- •■* ■ ■ ■■■ '■■'.-.- :-...'■'•"■'■-. ■■.-■■•
• "McN'amara was arrested In, a proper
way. he was arrested by an Indianapo
lis officer; he was booked in the regu
lar way and taken before a Judge.
Our requisition papers were O. K. and
the prisoner himself admitted that he
was the man named In the indictment.
Judge Collins simply announced that
there was nothing further to do but
turn him over to the California author
ities, which was done. There was
nothing to hold me on but oh, how
badly they wanted me behind prison
bars, those labor fellows. , .
BIRXS IS NOT ALARMED
"They did manage finally to get this
warrant charging me with kidnapping.
The matter is now in the hands of the
grand jury there. If they indict me,
of course 1 will have to defend my
self, but I am certainly not at all
alarmed. When I was before that body
yesterday 1 was asked to give testi
mony, but my attorney. Col. Ketch^m,
cc^ f Chews the
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explained that .as I was a prisoner,
charged * with kidnaping, and ss I
would probably have to stand trial on
that charge, he had advised me not to
talk. The jury, appreciating my posi
tion, . quite understood my refusal ,to
speak. It was explained that later I
would he glad to return and testify
before them in order that they might
investigate the Indianapolis dynamite
outrage. <
"This detective', business loses lis
glamour when one actually gets Into
it, you know. The detective of fiction
sits in his_den and smokes and solves
knotty problems without rising. Well,
the theory is all right at times, but the
modern successful detective is the hard
headed, hard working, practical, com
mon sense fellow who applies common
sense to whatever investigation he Is
on, just as lie would to any business in
which he might happen to be engaged.
And let me say this of the case:, It will
be found that nowhere is there a scan
dal in it. Ido not work that way. My
reputation is clear and good, as I have
striven to make it." „
WILL COME WEST
Burns arrived" from Indianapolis at
midnight and did not rise until id a. m.
today. He will stay in Chicago for
two or three days and then go to the
Pacific coast. - ~-,"■ .';.
Clarence S. Darrow, the Chicago
lawyer who has figured prominently in
many lawsuits and trials as'the repre
sentative of union labor, today again
emphatically denied a reiterated report
that he had been retained as counsel
for John and James McNamara and
Ortie McManigal. The report originat
ed in Los Angeles and was sent out
from there all over the country today.
"I have received no news from Los
Angeles and I can say positively that
I have not been retained In the case,"
said Darrow. "I do not want to get
into it* and am doing my best to keep
out of the affair. I may be forced into
the case again, but I hope not."
CONTRACTORS EXAMINE
IRRIGATION PROJECT
Members of . Los Angeles Firm
Visit Oakdale
[Special Dispatch to The Call]
OAKDALE. April 27.—80 th; members
of .the contracting, firm of Shattuck &
S dinger of Los Angeles were in Oak
ile yesterday looking over the plans
for irrigation extensions in the Oak
dale irrigation district with a view to
submitting * bids on the construction
work.",. ** ' .. '. ■.' , „.. / ' ™—. •-;
More than $1,500,000 in bonds has
been 'voted to construct 100' miles of
concreted, canals and a diverting -dam
70 feet high.
The proposed works will irrigate 65.
--000-acres of land. The water will be
taken from the Stanislaus river at a
point near Knights Ferry. This dis
trict lias abolished the general prop
erty tax, and taxes are only to' raise
irrigation revenue.
DOUBTFUL CHECKS LEFT j
WHEN AGENT DEPARTS
Willows Men Said to Have Been
Victimized
[Special Dispatch to The Call]
WILLOWS, April 27.—Unpaid checks
varying. from $50 to $72 have been left
behind by R.S.Leger, formerly a heat
ing plant agent, who disappeared from
this city yesterday. The name of Frank
Freeman, a local businessman, was
signed to the checks.
FISH COMMISSION SHIFTS
FOLLOW STATE INQUIRY
Four Wardens and Two Depu-
ties Are Ousted
[Special Dispatch to The Call]
TUBA.CITY, Cat. April 27.— up
heaval promised In the ! state fish and
gam© commission following the in
vestigations of the assembly 1 during
the session of the legislature, hss com
menced in: this county; * The changes
thus far Include the ousting of Wardens
E.E. McMillan,. W. IJ. Brown, Walter
E. Parry and M. A Carpenter, and
Deputies Hoxton snd Woods, Those
ether with that held by
Miss'Purvis, tt monographer, will be
filled by tho commission, It Is stated,
immediately, .'■».■■
vgr-—«■*.« ((V% V 99 Qm%
« "Pay Less" %.
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$rm I t^*t^- \\ Woolens and tailoring %\
■ I^/ j\ them from "Mills Di- L
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I^Tw the popular idea both in [_
kJJJ/W Europe and America. The ,*
-/*t—T^^^^jß , result is we make to meas- ®
L^^CS^ ure over 5,000 suits to £
Jfortec daily in North America alone—at f-
Li A SINGLE PRICE E
3 CMf lIT TO B
£7 Ovl 1 ORDER H
NO s§> /^ NO |i
-- MORE I [tf\\ LESS W
f It is the one study of our high salaried Cut- EJ
?~ :l ters and Fitters to continue to perfection el
r the Vitals for Correct Fitting Coats*'—our Pt
l:- now famous CONCAVE SHOULDERS, H
€£ CLOSE FITTING COLLARS, NEVER f]
{U) BREAK FRONTS. H
el) If the customer doesn't pay the high street rents ~
A and middle profits—WHO DOES? L
El Bring a Sample of Any $30 Suit— L
£4 Will Duplicate It for $16 ":h
% ENGLISH WOOLEN g
y MILLS, Ltd. ¥
fk WORLD'S LARGEST TAILORS A
LJ Beware of Imitators—Our ONLY STORE ET
|3 in the Bay Cities is on the tJ
W 10th Floor of the Phelan Bldg., S. F. \A
i? OPEN NIGHTS V s
BRIDEGROOM TO FACE
PERJURY TRIAL TODAY
Child Wife of Pistolesi to Tes
tify Against Him
[Special Dispatch.to The Call]
SAX RAFAEL; April 27.—Joseph pi*,
i tolesi, alleged to have committed per
; jury when he secured • a license to
1 marry 13 year old Edna. Olive Snowden,
j will appear before Judge Edgar tomor
row morning to have the date set for
; his trial. A motion to set as., the
; indictment was denied and a demurrer
overruled by Judge Zook, leaving the
i ■way clear for District Attorney Boyd
|to open the case The child bride, now
I with her parents in San 'Francisco, will
lie an "important witness. ; *•-