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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 6, 1911)
DECE3IBER . " -atl EOIARAS FIXED James B. Sentenced for Life, Brother to 15 Years by Judge Bordwell. CASE "NOT YET CLOSED" Prosecutor Declares That Sot Sine ClJI War Has Country Passed Through So Tremendous a Crisis. n-tiT-i.i rrxm Flrt Psr stairways, were choked with the curi ous. Or.tr a hundred persons aw the . two brother led through the narrow pssssgeway Into the chamber beside the JaiL A supreme ord"al faced Jamea B. McNamara, who worried whether the court would Inflict the extreme pen alty, and John J. McNamara. less liable to uch severity, was anxious for his brother's sake. The 24 minute of procedure that decided the fate of the two mn went forward slowly. It was quiet almost to the point of monotony and seemed prearranged, as the sen tences of the prisoners had come after aa abrupt closing of the trial, pleas of guilty being entered with the assur ance of District Attorney Frederlcka that he would urge clemency. But whatever fortitude the two men had mustered for the occasion recelTtd a setbaca and dismay threatened them for a moment as Judge Bordwell. in passing sentence on Jamea B. Mc Namara, seemeo to be Inclined to In flict tne death penalty. And though It did not come, the severity of Judge Bordwell'a remarks cut deep and John J. McNamaraa accustomed expression, half a smile and half a sneer, as he fought his battles, passed Into one of sad dejection. Teams; la Deaseaaor Marked. "I never saw a man change so with in a few minutes." afterward declared Judge BordwelL Attorneys close by saw tears In the eyes of John J. McNamara. It was the elder brother, who received the lesser sentence, who quivered. The younger man. the confessed dynamiter, took his sentence calmly, almost without com prehension of what lay before him. Aa he resumed hi seat, he caught the eye of a newspaperman a few feet from him and he smiled In recognition a peculiar smile from a fac of sunken cheeks and deep set eyes. Judge Bordwell talked slowly and with supreme gravity. Unused to criminal trials, he pronounced his first sentence of Importance outside of the civil cases which he has been handling . for a score of years. Affected himself by the drama of the moment, which determined the destinies of two men who together confessed having caused great destruction of life and property, the Judge peered steadily at the pris oners aa he pronounced his Judgment. Proeecater Reads Coafee.loa. James B. McNamara arose first, lie wore dark clothing and a white tie. to which his white face added somber contrast. District Attorney Freder icks made a brief statement of the case, reading the prisoner" confes sion for the first time. As he spoke, the courtroom was still. James B. Mc Namara stared hard toward the win dows opposite him. "There are two sentences." said Fred ericks, with deliberation, "which the court may pronounce, possibly of equal severity. One is death and the other 1 life Imprisonment. However. In the minds of a great many persons, and po.slbly In the minds of the defendants. I do nut know, but I assume, the sen tence of Imprisonment for life would be considered In some degree a less punishment than the punishment of death. There has been no dickering; or bargantng In this matter. Counsel on the other side are well aware of the usual custom of granting soma degree of consideration to a defendant who ha pleaded guilty not on the ground of mercy, but on the ground of service to the state. State Served la Other Ways." "This defendant has pleaded guilty. J r so doing he has settled that which tor all time In the minds of a great many would have been a doubtful question. He has served the state In other ways; and It la my Judgment that small dere of consideration should be extended to hlra because of that fact." To that point the prisoner was calm and unmoved, but suddenly the Judge startled him. "The court." began Judge Bordwell. turning to the prisoner an Inquiring look, "desires to ask you ona question and on only. Mr. McNamara. You l:av seated In the writing which the District Attorney has read that you placed It sticks of dynamite known aa SO per cent pure In the Time building and caused It to be exploded. The question I ask you Is this: "Did you seek to purchase for that same purpose, dynamite of a higher de gree of percentage?" The defendant paused and seemed to lose his composure. "No, your honor; no, air." -You did notT" -No. sir." "Mm rtlerer at Heart,' aaya Judge. "There Is very little or no ray of comfort. Mr. McNamara." continued Judge Bordwell. "in the assertion by you that you did not Intend to destroy life. The widow and orphans and the bereaved parents look upon that state ment at this time as a mockery. The circumstances are against you In mak ing any such claim. A man who would put 1 sticks of 84 per cent dynamite In a building full of explosives I do not now refer to the explosives of which you may have had no knowledge I really mean combustible material 1 say that a man who. under those circumstances, would place a dynamite charge of that quantity In such a build ing. In which you. aa a printer, knew gas was burning In many places and In which you knew there were scores of r human beings tolling, must have had ao regard whatever for the lives of his . fellow beings. He must have been a murderer at heart. Fall Paalahmcat Meted. "You well merit the maximum pun ishment prescribed by law " The prisoner Quivered and hi bead dropped. He twisted hi fingers In bis hand behind him and then lifted hi head again. "That the Judgment of the court doe not condemn you to death upon the gallowa Is due to the existence of no extenuating circumstances whatever, but because It appears to the court the part of wisdom to do otherwise. "It Is the Judgment of the court that aa a punishment for the crime of mur der In the first degree, to which you have pleaded guilty, you shall be con fined lit tha, suit prison of. this suite io 4 San Quentln for and during your nat ural life. "You may be seated." As relieved as anyone could be with a life aentence confronting blm. the prisoner sat down beside his brother. The big man arose and the little brother eyed him affectionately. Joha la Deeply Moved. After the court had 'read the Indlct menta charging that be bad pleaded guilty of having caused the destruction of the LJewellyn Iron Works In this city, the District Attorney began a brief statement, and James B. whis pered to John J. that he could sit down while the District Attorney talked. The man about to be sentenced was plainly moved by what the court had said to his younger brother. From across the room a ray of sunlight streamed and sparkled against the tears In his eyes. "There were no lives lost In this case." remarked District Attorney Fred ericks, "and. while the destruction of property was considerable. It waa not great." He cited the custom of leniency where the defendant pleada guilty, and continued: "The extreme penalty which the law could Inflict for this offense would be life Imprisonment, and all I would sug gest In that connection would be that the court take Into consideration the probable life remaining to this defend ant, and leave him. at the end of hla term, a few years of freedom; not aa a matter of merey. not aa a matter of consideration, not as a matter that he has earned or Is entitled to, but be cause 1 believe It Is a wise policy of the etate. when a man surrenders him self, gives up and pleads guilty, and because of other services rendered to the state, that some small considera tion, not much, but some should be extended. Merry Sat Merited. The defendant arose again. "Mr. McNamara." said Judge Bord well, "you have heard the court's re marks to your brother, and In no small degree, sir, thejr undoubtedly apply to you. And. as In his case, the fact that the court may not mete out to you tne extreme penalty of the law Is In no degree due to any doubt that you merit It. but simply because It appears to be the part of wisdom to do otherwise. The Judgment the court now pro nounces upon your plea of guilty to this charge Is that you be confined In the state prison in Ban Quentln for the period of IS years. "You may be seated. "Anything further?" Tho district attorney Indicated that It was customary to ask the occupa tion of the defendants. "Is that a matter that the court should take up at this time? That I a new section. Isn't it?" queried the Judjte. District Attorney Fredericks re ferred to the statute, declaring that It was designed to supply Information for the prison officials. Tha brothers were again asked to arise. James R said he. "hoped" hi trade waa "printing." and John J. said "structural Iron work." Tha prosecut ing attorney reminded the oourt that It had 10 days within which to make a report on the criminal character of the prisoners for the prison officials. and tha proceedings were concluded. The prisoners were led quickly back to the Jail by Sheriff Hammel. Around th table where, counsel had hoen seated the spectators gathered, some congratulating tho prosecuting attor ney on his work. Clarence 8. Darrow, chief eounsed for the defense, sat In slleora through out the proceedings. At the end he arose and with his associate- attorneys followed the sheriff Into the Jail to console tha prisoners. Cram d Is Disappointed. Outdoors a disappointed crowd lin gered. When It learned that tha Mc Namara had been sentenced while It waa watting for them to come out of the Jail on the expected trip to the Hall of Records there waa much dis satisfaction, but tha officers dispersed tho multitudes For a long time, how ever, a number of person lingered about tho Jail In tho hope of aeelng the McNamaras hustled away to the train for San Quentln. In hla office In tho Hall of Records. District Attorney Fredericks later dis cussed the caew. It waa pointed out to him that tho age of John J. Mc Namara as given by himself on the Jail record was 14 years, and a sentence of it years, which means nine years and two month on good behavior, would bring the prisoner's age only to 41. "Well. I did not fix the number of years, said Mr. Frederlcka, but 1 sup pose the court took Into account John J. McNamara'a apparent ago, which certainly seems like 47 years. In fact, I always have had the Impression that he was that old. After nine years In the state prison ha will ba an old man. "Some of tho statements from union labor leaders repudiating the Mc Namaras are sincere and some are not." Mr. Fredericks continued. "Some. of the men who are making tho loudest pub lic utterances are Implicated In the dynamiting outrage for which these men were sentenced today. Day mt Bladareoa Goa. "A for John J. McNamara. I think there la nothing that he know con cerning this case which I do not know. It la not necessary for him to make any further statement. "The case Is not yet closed. I be lieve that never since the Civil War has the United Statea passed through such a crisis aa waa Involved In this tremendous case. I believe that this trial and It ultimate results will mark the passing of the bludgeon, the walk ing delegate and the dynamiter from the ranks of union labor. If this hap pens, a I am confident It will, labor will have cleansed Itself and an untold good will follow." Later In tha afternoon, Oscar J-aw-ler, appointed today to act aa special prosecutor for the Government In It Investigation of the alleged dynamit ing conspiracies, talked at length with District Attorney Fredericks and the members of hla staff. Books and papers and detail of the evidence In the McNamara case were on a table before them. Edward A. Regnan. As sistant United States District Attor ney, Joined the gathering for a short time and when he returned to hi of fice. It waa said, the subpenas for the appearance of the McNamara brother before the Federal grand Jury, which adjourned today until Thursday, were drawn. They may b served tomorrow. MeMaelgal'e Case Peadlaa;. The conference today Is said to have been chiefly ooncerned with the con fessions of Ortte E. McManlgal, whose case has not yet been disposed of by the state. McManlgal's story will be used to lay the preliminary founda tions for the Federal Inquiry here. In Jail tonight the McNamaras read newspaper account of their aentence and John J. McNamara. spaaklng for both, aald: "We are satisfied. We ar resigned to our fate. We are ready to start our sentences at once. We are ready to start for San Quentln on It minutes' notice. "We wish to express our apprecia tion of Sheriff Hammers treatment of us here, and likewise all the Jailers, and hope we get as humane treat ment In the state penitentiary." Sheriff Hammel received word tonight from Oscar Dawler, special prosecutor for the United States, to postpone preparations for removing the Mc Namara brothers to San Quentln. A subpena Is said to have been drawn requiring the appearance of the prisoners before the Federal (rand Jury. SENTENCE 15 FIT, IS 60MPERST VIEW Federation Leader, Opposed to Capital Punishment, Is Satisfied. ERA OF PEACE IS DESIRED J Bridge Workers' Union Believed Not to Ilave Received Single Dollar of Aid While Plot Were Under Way. NEW TORK, Dec 8. "I am glad a death aentence was not Imposed. I am opposed to capital punishment under any clrcumatances. I think the sen fences received by both men were ap proprlate to the crime" This was the statement of Samuel Oompera tonight when asked If he waa satisfied with the punishment meted out to the McNamara brothers In Los Angeles today. Mr. Oompers and Frank Morrison, secretary of the American Federation of Labor, expected to return to Wash Ington tonlgnt after the conference with Alton B. rarker. their counsel in the Bucks Stove dc Range Company rase, for which both men will have to answer to the court several days hence. "liter's Criticism Reseated. "I would like to make one state ment." Mr. Oompers continued, "and that Is concerning the strictures made by District Attorney Miller of Indian apolis, as to the wisdom of my leader ship of the American Federation of Labor. I want to say that it Mr. .Mil ler has a case to prosecute against me. or anybody else, let him go ahead and prosecute; but It Is not for him to say whether my leadership Is wise or not. I consider his criticism a gratutousand unwarranted Impertinence. Miller has no right to set himself up as a guide. I propose to stand true to the men of labor." Mr. Oompers was asked if it were true that he and other labor leaders were advising "an era of pacification." In the matter of calling strikes In the future until the country had forgotten the McNamara case. Federation Wants Peace.' "All I can say to that." he replied, "la that when employers treat labor aa fairly as organised labor treats the employers, then there will bo peace. The executive committee of the Ameri can Federation of Labor Is the great est conciliatory board that ever ex isted anywhere. It desires peace and Is always ready to meet employer half way." "Mr. Oomper. did the Bridge and Structural Iron Workers' Union receive any money from any other organisa tion during the time the McNamara brothers were active in their dynamit ing plot?" was asked.- "I am not sure, but I am under the Impression they did not receive one dollar from any outside organisation," was the reply. Frank Morrison tonight said that In due time a pamphlet would be pub lished containing an itemised account showing where every dollar that was raised by the American f ederation or Labor went. M' IS NAME IS NOT SO MUCII AS MES TIOXEB BY PORTLAND BODT. Structural Ironworker Here Neither Denoonce Nor Commend Men Who Plead Guilty in South. Disdaining so much a to mention the name of either of the McNamaras. aelf-confeased dynamiters, member of the Portland local of Structural Iron Workers held their regular meeting laat night, transacted routine business and adjourned. Failure of the Portland organisation to make any expression, particularly as to John J. McNamara, who waa secretary of the International Association of Bridge A Structural Iron Workera. waa a distinct suiprlso. -At the meeting of our organization we devoted our time entirely to the transaction of routine business and ad journed." said Dan Conley, business agent of the Structural Iron Workers. "The name of the McNamaraa waa not so much as mentioned and no action was taken by the organisation respect ing them. So far aa I have been able to learn, the disposition of the local organisation of Iron Workera. and it represents J60 men. is to consider the McNamara controversy a closed inci dent. Aside from that we have nothing further to Bay." Refusal on the part of the Struc tural Iron Workers last night to take any action respecting the arrest ana confessions of the McNamaras Is taken to preclude any probable expression on the part of organized labor concerning the men who were sentenced st Los Angeles yesterday. Immediately fol lowing the confessions of the two al leged dynamiters. Will H. Daly, pres ident of the Oregon State Federaton of Labor and president of the Central Labor Council, of this city, announced that no official action on the part of Portland organized labor towards re pudiating or otherwise denouncing Wis McNamaraa would be taken by or ganized labor unless the initiative In that direction was taken by the Port land organization of Structural Iron Workera, of which John J., one of the brothers, was International secretary. D ARROW FACES DISBARMENT Serious Charges Against Attorney Made to Bar Association. LOS ANGELES. Dec 6. (Special.) Serious charge have been filed with the Bar Association, seeking the dis barment of Clarence Darrow, late chief counsel of the McNamaras. This- became known today, through the filing of a damage suit against Darrow and his associates by the as signee of James II. Levering, a civil engineer. Levering wants $6000 dam ages and preferred the charges, mak ing allegations so serious that the Bar Association sent the charges back, de manding more details. Levering says that he will supply the details. The charges are based on tha drawing of plans of the old Times building for the tise of the defense and an outline of how Levering should tea lily before the Jury. Fine Pianos, for Oregonian .subscribers UM. w -. s-a ' Why IS it DOne . , . As has been stated, 111111112 the past rear Graves Music Company has soli three times u many pianos as during the year before. During the coming year this record Is to be don bled. A modem piano business must be continually advertised. Pianos from Graves Uusio Company last a lifetime. New buyers must be found, therefore when so many new families coma to the state almost dally, it Is necessary for aa institu tion such as ours to keep constantly before the public. We want to deter mine where it pays best to advertise. We are willing to pay money to find this out. Thus we publish the adver tising test certificate herein which calls for f 40. It is good for so much actual cash, and wCl be accepted by us as the first payment for any piano la stock. We have marked down all our pianos. Nothing reserved a gen nine price-reduction sale. Select your piano, present your cou pon and have a fine piano sent horn at once. But even this Is not ftH tha induce ments we now offer. If you choose to pay cash. In addition to the 000- on, when you select your piano, we pay a premium or f 1 ror every aouar that you pay. Remember, tha sale la now ta prog ress. If you have no piano, come right away. If you wish to order by mall, we assure you that wa will make most careful and painstaking selection. Wa ship Instruments subject to examina tion and trial All money that has been paid for the Instrument will ba refunded if on receipt of same it la not found in every way satis factory and as represented. HS END IN DOUBT DEATH OP KELLOGG D URL AND TO BE INVESTIGATED. Action of Wife, rx-Actrese, in Re newing Insurance - Policy, Stirs Vp Suspicion of Company. NEW YORK. Dec. 6. (Special.) In vestigations to ascertain the reason for the death of Kellogg Durland. the writer who died from drinking cya nide of potassium November 18 on a train In South Station, Boston, are under way In Boston and New York. The Equitable life Assurance Society, whli-h Issued a flS.000 life Insurance nollcv for Durland. Is making the Bos ton Investigation and has held up pay ment on the pollcpr. The Insurance "company Investiga tion was Inspired by the fact that the Insurance policy had lapsed and that Mrs. Durland paid the premium after an extension had been secured the day before Durland's death. In New York, Magistrate Corrlgan Is Interested be cause of friendship for the writer. In a statement written November 22 and repeated to Magistrate Corrlgan. Mrs. Durland says that she nag peen Five Minutes Sometimes Makes A Big Difference If You Are Suffering the Tortures of Indigestion and Have to wait Until Someone Runs to the Drugstore for a Box of Stuart's Despepsia Tablets. Kree Trial Package. The Instant relief afforded poor over urdened stomachs bv the use of a Stuart's Dyspepsia Tablet should be a reason for constantly keeping a box on hand at home and Jit the office as well. The Stomach Welcomes a nick Relief. A Stuart's Tablet not only aids diges tion but It actually does the digesting itself. In other words it furnishes ex actly the same elements for the diges tion of food as the natural Juices of the stomach. The stomach, therefore. Is not called upon to do any of the work except to churn the Juices furnished by the tablet and then push the digest ed food along Into the lnteetlnea where It will be still further digested -and the strength taken up by the blood to b carried to the muscles and nerves of the body. So by taking a Stuart's Dyspepsia Tablet after a meal you give the stom ach the rest It needs In which to mend Itself and grow well again. And yon absolutely prevent the souring of any food, the formation of any poisonous gases, belching, foul breath or consti pation. Stuart's Dyspepsia Tablets have dons more for humanity and have caused more rejoicing than any other one agency that can be named. Every druggist everywhere sells and personally recommends Stuart'a Dys pepsia Tablets. The price ts 60 cents per box. If you first wish to try them a sample package will be sent you free If you write to F. A. Stuart Co, lit Stuart Bldg, Marshall, Mich. Cut Out the Test Coupon Bring It to 111 Fourth Street and Have a Fine Piano Sent Home Besr Is nlsd ttat isnw slaaM sre Istert, nbelceit, kruo-sew, esse. dsHT select.4 lstnmM frenttl. Sstlos', lortmort sail moit tnutwortsy Bear la mind that too need make no cash payment other than the ad- Bear la mind that yon need make vertlalng-teet coupon when you select Here la the Coupon It Is the same CIT FaTiS.- Conpea GOOD jfortp Bollard Aa smrt payment for aar sieve piano, whea preaenteel on or before December 28, 1811. Brlnsj this eonpon to si at oace. Select aay plane la oar sale. We will accept the cod pom aa ao snack actual elect. Special Premium Offer $2 for 31 la order to make It aa object to aay oa who vrlshea to pay more thaa the required tint payment, we heretry offer to Issue a receipt for $2 for every dollar that Is pa la ap to the amount of the oonpoa published sen- "'EXAMPLE Brtng ta the coupon and get receipt for 940. Bring la the sow pom asi pay S cash aad get receipt for SSO. Brtag coupon, pay S10 cash, and get receipt for jeo. Bring coapoB, pay SIS cash, and get receipt for 70. Bring eoopoo, pay S20 cash, aad get receipt for SSO. Bring coupon, pay 23 cash, aod get receipt for S80. Brtaa; coupon, pay (30 cash, aad get receipt for ClOO, eta. Never again will It be ao easy to get a fine, warranted, sweet -tome sasrable piano, as now. Bear la mind that aay balance remalalna; unpaid cam be settled la saoathJy payments of S4, (10 or S3, or any greater amount that may beat salt the convenience of the purchaser. ... All Instruments oa male are plainly marked at the reduced lowest eash price. Those buying oa time will secure the same cash prices, bat will pay Simple Interest oa deferred payments. , Bear la mlad that oar piano prices are much lower thaa any la this or any ether city. Everything reduced. We do not have to depend altogether a po a ear piano department for oar profits. This Is only one of firteea de partments la the Graves Mnsle Company's great musle house. Every instrument la this sale la unconditionally warranted la every re- PSe more beautiful plane have ever been oa display la Portland thaa are here J mat now. No greater variety has ever been shown. o lower prices. It ml so low. Graves separated from her husband a month or more before his death and that she believed he was insane. November 18 she took a drawing-room on the train due to leave Boston at midnight. He came to her stateroom and demanded that they both should die together In a V J si I iC- ifesBs -Bottle produced forever from the same mother cell. Schlitz beer is sent to you in Brown Bottles, pro tecting its purity from the brewery to your glass. Light starts decay even in pure beer. Dark glass gives protection against light. If you knew what we know about beer, you would say, "Schlitz Schlitz in Brown Bottles." !l16 0r 6 Thai Made Milwaukee famous no cash payment other than the ad- your piano. as eashi IT OUT. FOR eash oa the piano that yi iin 1 I nioii' w. Mo sic Co. Largest Wholesale and Retail General Music Dealers in the West. suicide pact. He seemed excited, she declared, and she tried to calm him. Then he took poison while her back was turned. Mrs. Durland ha been an actress and a playwright. She was formerly the wife of Robert C. Haines, the actor, and was married to Durland June 13. Made Pure Cleanliness is a science where Schlitz is brewed. We filter even the air where the beer is cooled. Then we filter the beer. , Then we sterilize every bottle. We go to Bohemia for hops. Our barley is selected by a partner in our business. The water is brought from rock 1,400 feet underground. Our yeast is J rTTl F7i ,,flAa V fllQV HCSC V IfifUi 6S J We want to sell at least 120 pianos before the close of this year; we want 120 additional enthusiastic and loyal friends for Graves Music Co. For $148 you can now secure here fine new pianos which have never been sold for less than $250; $167, $183, $189, eta, will secure such grades as were never to be obtained heretofore for less than $300, $350 and $375. Ask particularly to see a magnifi cent $400 style, now $274, and the plainer cases, same make, $255. $8 a month buys them, while the less ex pensive styles go at $8 and $5 a month. Sale prices on the very fanciest $450 and $500 styles are now $298 and $327. Pay as best suits your con venience. In this sale we are anxious to sell m lot of player pianos. We want them out of the way before inventory. Buy your player piano of Graves Music Co. Our prices are reduced and our terms of payment easier than else where. During this advertising test sale our store will be open day and night. We have no time to lose. Again, we repeat, no cash payment Is neces sary. Out out the coupon, bring it In and select your piano. Ill Fourth Street Near Washington 1908. She gave her namn then Madeline GrenvlUe, of Chicago. Gold lace and embroidery can be cleaned with powdered burnt alum, applied with a soft brush and wiped off with a soft cloth. Berlin has a new restaurant with accom modations for 10,000 diners and a kltoliau staff of riOO person?. Pure It's the if own x,, 1 Main 115 ' Phones a-siis Henry Fleckenstein & Co., 204-206 Second St., Portland, Ore."