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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 6, 1911)
TnE MORNING OREGONIAN. "WEDNESDAY, DECE3IBER 6, 1911. STEFFEHS' CLAIMS FALSE, SAYS JUDGE Bordwell Declares Bribery De velopments Were Ef ficient Cause. BROTHERS NOT "HEROES' Profcswd Anarchist" Had Xo Ef fect on Krsult Lesson Taoght Is That Uw Mast Be Religiously Enforced. TuOS ANGELES. nc. . Judge Bord well late today liisud a formal atate ment giving Ms views as to tha Me Jamara trial and especially what brought about Its termination. Tha atatement la as follows: "In a spirit of Indifference to every thing In ths MrNamara rases. the facts and the law applicable thereto. I deem It due to the court and to this community that I should make a brief public statement regarding the circum stances attending the abrupt close of these cases, together with sufficient comment to Indicate my Tlews as to such circumstances. This Is done In the hope of correcting. If possible, some misconceptions due to erroneous pub lications and particularly to an article which appeared In a local newspaper on the second Instant, orer the sig nature of Lincoln Kteffens. atetrrae T.ttmrtm Cewat Jfathlaa-. "In the first place, the claim or sug icestton that the termination of the rases was due to the efforts of himself and other outsiders who undertook to Influence the officers of the court other than the Judje Is without Justi fication In fact. "I wish also to denounce the claim of that gentleman and of other persons for him that the change of the pleas In these cases from 'not guilty to guilty was due to his efforts as groundless and untrue. He la correct In the atatement that the court was not a party to any negotiations for what lie terms a 'compromise of these cases; but there Is no ground for any claim that he Induced the prosecution to come to an aareement In the matter. The lstrlct Attorney acted entirely with out regard to Mr. Hterfens and on lines derided upon before the latter appeared on the erene. Bribery f'aaae Kssuk. "As to the defense, the public can rely on It that the developments of last week as to bribery and attemptea bribery of Jurors la the Jamea H. Mc Namura case were the efficient cause of the change of pleas which suddenly hroucht the cases to an end. The l4rtr!i't Attorney could have had James K. M. Xamaras pica of guilty long ago If he ha.l been willing to dismiss the f axee asalnnt his brother, but he re fused. Innlstlng that tne latter was gtilltr and should suffer punishment. "The first proposition from those In terrnted In the defense was that James H. Mi-Namara should changi his plea from 'not tcullty' to 'guilty. on con dition t:iat lie should not be sentenced to drain ani tliat his brother should free. The L'lsirlrt Attorney would riot SKree. Afterward emissaries from the defense brought to the Ilstrlct At torney a proposition that James H. Ic Namara would plead guilty and be sentenced to death. If the court so or dered, provided that Ms brother should be saved. But the District Attorn still would not agree. Hevrlatlaaa Are I'araljslaa. "Those Interested In the defense con tinued to urge his acceptance- of the last proposition for 10 days or more and until the bribery developments revealed the desperation of the defense anJ paralysed the effort to save John J. MrNamara by sacrificing his brother. Then It was that the change of pleas of these men were forthcoming. -The motion broached In the Stef fens article that the McXamaraa, In the commission of the crimes as confessed by them, are 'two heroes.' Is offensive to common Intelligence and repellent to the conscience of all Just men to ay nothing of the abhorrence of the law (or such sentiment, and I am con-n-iont that the District Attorney was not Influenced by any such aontlment ln considering the proposal that the defendants should withdraw their plaa of Hot guilty. "I'pon the entry of the plaa of guilty.' both defendants placed them selves uion the mercy of the court to determine the punishment. That some mitigation of the extreme pen alties demsndable by the outrsged Jaw might reasonably be expected In consequence of the change of the pleas Jn the case la In accorance with the principle commonly accepted In the American administration of criminal lurlsprudence. Mrfiraa Prefeaeee Aaarcala. "That expectation has not been dis appointed In these cases. At the same time the duty of the court In fixing the penaltlea In these cases would have been unperformed had It been swsyed In anv degree by the hypothet ical policy favored by Mr. Heffens laho. by the way. Is a professed an arch tat that the Judgment of the court should be directed to the pro motion of compromise In the contro versy between 'capital' and 'labor.' "The lesson taught by these cases Is that the law must be rigorously tnforced against all offenders whether they be rich or poor, high or low. capitalists or laborers and that only by obedience to the law can society be maintained and Its bleeslngs njoyed." ALEXANDER IS ELECTED "nieoed From Klrt Pace. turn by the fact that Joseph Scott, president of the school board, and candidate for re-election on the Good Government ticket, was generally scratched. Scott was an associate of Clarence liarrow In the defense of the dynamiters. However, the overwhelm ing majority given the Alexander ticket. It was believed, would pull him throuKh. Hlotlaa Oerrara. F.arly In the day, "Good Government confidence already heightened by a perfect day, was enhanced by the fact that In the West Side districts the "plutocratic precincts," as the Soclal lats called them the voting waa ex tremely heavy, while on the East Side, where Harriman polled most of hls plurality over Alexander In the pri mary, October 21, the balloting was comparatively light The polling had not progressed far before it became apparent that the trouble expected to develop on account of the feeling engendered by the Mr Namara case would not occur during the balloting, that JLn Angeles would preserve Its record clear of election riots or bloodshed, and that the "peace Insurance" army of looo orncera ae talled by Chief of Tollce Sebastian and Sheriff Hummel would have an easy day at the 30 temporary police sta tions established at strategic points throughout the city. M'eaa Vetea rieatlfol. But three minor cases of trouble were reported during the day. Out aide of these, the election was all peace and serenity. And for this, leaders of both sides thanked the women, thous ands of whom were crowded about the polling booths of 117 precincts. The women were out en masse. Whether the novelty of their first vote or the Importance of the Socialist and Drohlbltlon Issues confronting the oltr j had most to do with bringing them out cannot do saia. But the women enjoyed the experi ence, and the men accepted the situ ation as they found It, new and novel though It waa. and all day long, at every polling place, men went out of their way to be courteous and obliging to the petticoated voters. In whose hands both sides believed lay the out come of the balloting. Many women came to the polls pro pelling baby perambulators, and the only special rule was laid against them leave the baby and baby bug gies outside and father took cars of babe while mother voted. TMIrrer le WssteJ. At ona of the West Side precinct where voting went on throughout the day at -the rate of two minute, there was not a sign of Impatience when a woman voter Indignantly Inquired why there was not a mirror In the place. "Mlrrora were not Included In the election auppllea." replied the chairman of the election board, but aa this pre cinct had been polling all morning a preponderance of woman votes, he forthwith announced his Intention of going borne, around the corner, to "fetch a looking-glass." Thereafter there was no further complaint, but the mirror waa hung outside, ao aa not to block the line of voters pressing constantly through the doorway of the booth. "Everywhere the women were respon sible for unusual election day features. In precinct 111. whloh Includes the Lab.LT Temple, a busy housewife, her apron still on. rushed Into ona of the two voting booths. -Give me a ballot; I want to vote!" she announced. "But, madam, you must take yonr place In line," an election official re plied. She glanced at the long line, and re fused. -What? Me take a place In that line? Tve got a batch of bread In the oven, and I wouldn't let It burn for either Harriman or Alexander." And she went back home. Madame Caroline M. Severance, tS years old. and a former associate of Susan B. Anthony, made her way to the polls. "I have waited 50 years for that my first vote." she said, as she emerged smilingly from the election booth. VOTE IS DECIDED BY WOMEN Half of Ballots Cast In Santa Bar bara Are by Fair Sem. SANTA BARBARA, CaL. Dee, 6. Early returns Indicate the election of Ir. Elber Boeseke by two to one over William Wyles. the opposing candidate for Mayor. Women cast half the vote. NOOSE ONLY OTHER END, SAYS DHOW .When Futility of Defense Is Seen, Lawyers' Duty Is to Save Client's Life. NO SYMPATHY IS ASKED MEN LUCKY, SAYS BURNS DETECTIVE WARNS LABOR GOM PERS IS REAL FOE. Further McXamara Confessions Ex ported to Implicate Others Not Now Concerned. CLEVELAND, O, Dec, S. "Organised labor, the decent, orderly element, will profit by the outcome of the McXamara case." Detective Burns said before leaving for Philadelphia tonight. "And Just as soon as they rid themselves of such men as Samuel Gomperg their progress will be much more rapid and satisfactory. "I think the -public should be well satisfied with the sentences passed by Judge Bordwell at Ioa Angeles today, because If Judge Bordwell, an emi nently fair and able jurist, considered a life sentence for James B.. and IS years for John J., an adequate pun ishment, his judgment haa all the weight that could be given It by his long study of the case. ''I can say that I am satisfied with Judge Bord well's disposition of the matter, though I frankly say I think the McXamaras may consider them selves fortunate In escaping a greater penalty." Mr. Burns would not say what were the results of hie visit to Cleveland, nor would he outline his future move ments, except to say that after spend ing Wednesday In Philadelphia. he would go to New York, working on the dynamiting cases In both cities. He was asked If his work here would result in more arrests or more indict ments, bnt he declined to sar any thing In that connection. He said that he had reason to expert that further confessions of the McXamaraa would result In the Indictment of others not now concerned In the dynamiting rases. DEFENSE FUND $400,000 nil i ik; kwo r kers shake esti mated AS SI 70,000. Statement Dated- October 55 Showa Payment to Harrow of $170,000. Other Attorneys Paid. CHICAGO. Dec. 5. SpeclaL) The fund raised by union labor for the de fense of the McXamaras' Is said to have exceeded $100,000. Of this 1T0. 000 Is reported to have been given by the International Aesociatton of Bridge and Structural Iron Workers. t'p to October SS, when the last statement waa made by Secretary Mor rison, the American Federation of Labor had collected l.iJ2.63 from various international labor onions. Since then about IS5.000 has been col lected. In a statement Issued by Secretary Morrison, dated October 15. it waa shown how the fund was distributed up to that time. Expenditures were aa follows: Clarence 8. Dsrrow, $170,000; Leo M. Rappahort. Indianapolis attor ney. $$000; Henry Seyfreld. Indian apolis attorney. $2500; Frank L Mul holland. Toledo attorney, $251.10; for McXamara buttons, $1120; printing Mc Xamara stamps, $103.y$; representa tives visiting conventions and meet ings. $11: printing and mailing liter-' ature. $ll$3.ir: postage. $S$0; expenses Incurred relative to 'McXamara films. $250.20; refunds, $16.50; total, $134. 85s 13. The summary October 25 showed: Receipts. Iltl.tll.tl: expenditures, $14.1151.93; balance on hand. $753.CO. I'nlonn were asked to give 25 cents per capita to the fund. "from First There Was Never Slightest Chance to Win," and to Go On Would Only Hare Made Evil Still Greater. LOS ANGELES. Dec. (. "Nothing but the gallows at the end," is the outcome predicted tonight by Attorney Clarence S. Darrow, aa chief of counsel for the defense. If the trial had run to a Jury verdict and to subsequent appaals. For the first time, Mr. Darrow cited spe cific Instances of evidence, which he said it would be Impossible to refute. Even to have put James B. McXamara on the atand in his own behalf would have been hopeless, he declared. "Judge Bordwell'a statement says that It waa proposed by the defense that James B. McXamara should plead guilty and even take a death sentence. If his brother could be free," Darrow waa told. "Well." replied Mr. Darrow, "I've denied that charge so often that I am not going to do it over again now." Chala ef Kvideaee Complete. Mr. Darrow's atatement is aa fol lows: "I entered this case with the great est reluctance, and only after the most earnest persuasion. I did It unselfish ly. I have for many years given my time and best ability and my life to the cause of labor and the poor. "I have been here six months and spent many troubled days and sleepless nights trying to run down every clew and make every 'possible Investigation and trying to do the best I could for my clients and the cause that I served. I had able associates who gave me their best efforts and their beat service through it all. "From the first there waa never the slightest chance to win. To those who say It would have been better to have gone to trial and suffer complete de feat, I would call attention to the fact that there were 30 or 40 hotel registers, three In Los Angeles, many In San Francisco and others In different parts of the country. There were scores of witnesses to Identify Jamea B. Mc Xamara aa being present practically on the very day and one, at least, who saw him In the building. There was overwhelming evidence of all kinds, which no one could have aurmounted If he would. Alibi Not Possible. "If the state had put on Its case we could not even put the defendant on the stand to deny the facts. We could not prove an allbL We could not prove he was not there. The failure to do so would have been as much of an ad mission as it was today. We were con fronted with the situation of dragging our case, perhaps for years, with noth ing but the gallows at the end. and no chance to raise any doubt In a think ing mind, and, in the meantime, collect ing money from thousands of persons who could not l.now the facta. To go on under such circumstances would have been madness and only postponed an evil until It would have been a still greater evil, and the consequences graver than they are now. "All of thla waa thoroughly under atood by my assoclatea and no one hes itated about accepting it. We acted as we thought right and best and will take the consequences of the act. I can conceive of no way In which we could Justify ourselves and not save the Uvea of our clients. Our first duty aa lawyera and men was aa to the Uvea In our charge and our duty to the cause called for the same action. Owa Purpose Accomplished. . "From the beginning I have been watching and working to thla end. Wa have accomplished It. I am recon ciled to the result. For myself, per sonally, I have spent many years in this cause. If I had not believed in it, I would "have abandoned it when I waa young and ambitious. In some form I shall continue In it to the end. I have fought thla and all my fights without hatred or malice to anyone, recognising that In this great drama and all that ia connected with the case, all men of both sides are helpless as to themselves and are acting a part that is forced upon them by a bitter conflict which only right feeling be tween capital and labor can ever end. "If people misjudge my motive, I can only say for myself that I have acted unselfishly and from devotion alone and I have always been ready and fairly able to take upon myself all the responsibilities for my actions, and I shall continue to do It so long as I have the strength. Sympathy Xot Asked. I do not beg anybody's friendship or sympathy In this matter. I have the consciousness that I have done every thing that I could do and have acted In the way that Is best for all In this world-wide conflict. "If anything more Is asked from me by either side. Ihey will find me ready when the time comes." Attorney Joseph Scott, of counsel for the defense. Issued a statement declar ing that he had participated In the case because of a desire to give the Mc Xamaras a fair and Impartial trial. "I indorse the efforts now being made to bring labor and capital together In thla city and will be glad to give any feeble efforts at my disposal to accom plish this result." he said. "1 realise keenly and with intense regret the deadline that la drawn In this city between capital and labor. He who first crosses this line to the other side and is received In a spirit of mu tual confidence will be a knight errant In establishing a substantial basis for peace between these two battle-scarred forces. "As to anything back of the motives actuating thla audden climax to the case. I dont think It Is necessary for mo to say to my friends, or even to those who may not know me, that I personally should welcome the most rigid Investigation." FIFTEENTH QUITS SHIP Belief Held Regimenfe Stay in Phil ippines Will Re Short. MANILA, Dec. S. The Fifteenth In fantry has landed and been ordered to proceed to Fort William McKlnley. It is believed that its stay will be tem porary. The United States trsnsport Sherman leaves next Sundnv for the United States with the Seventh and Twenti eth Infantries. The transfer ef troops here to raise the Fifteenth Infsntry to war strength baa been completed. Warm, Stylish, Msn-Tsilored Suits (or Juniors, One-Half Regular Price MM IP ifnc Sal EVERY Woman's and Misses Man-tailored Suit in our high class stock is on sale at just one-half the regular price. These are the same suits that are now being worn in the Eastern cities; every one was fashioned this season from carefully selected fab rics. In justice to yourself you cannot, you must not, miss this op portunity. Our reputation for selling only the best is established urA n0cfmn Our rprfiilnr nrices are uniformly fair: half price nrocpnf lrc ro us nnr loss is vour gain. Gome now iisbtiua a. r""1" " - while opportunity waits. Every Woman's and Misses Man Tailored Suit at H Regular Price ! J If f &Wmm $25.00 Suits now only $12.50 $30.00 Suits now only $15.00 $37.50 Suits now only $18.75 $42.50 Suits now only. $50.00 Suit3 now only, $57.50 Suits now only. $21.25 .25.00 .$28.75 Blues and black excepted. Shown on Second Tloor Take the Elevator. The word "value" has no place in our ads. EEM SELLIMG Leading Clothier We show splendid collection of Women's and Misses Man-Tailored English Raincoats and Polo Coats JAMES B. DENIES INTENT COXl-Tb-SSION SAYS DYNAMITE WAS- OXTbY "SCARE." Sixteen Sticks of 80 Per Cent Dyna mite Timed to Explode at 1 o'Clock In Morning. t ra iKfiiri.F.a Dec 5. James B. Mc v..-.-. hrief confession, oenned. by his own hand late yesterday and bear- lngr many evidences oi. a skilled In letters, was maae puouu vv, day. It Is as follows: ... . ii f..MaTnBr defendant 11 h. unnK ha vine hereto ins cub . . Tore pieaaea uihj - - : murder, desire to make this statement of 'acts: ,M "And this la tne trutn un mo - in iam K:4E P. M.. I placed In Ink alley, a portion of the f: . . . . . i ....... oAntolnlnff Times ounaing. a iuiu.. IS rtlcks of 80 per cent dynamite, set to explode ai i o cin;. --- . . . . i.i.niinn tn Inlure the inn. n. w ..... building and scare the owner. I aid not Intend to lane me mf. . , ... v,a thrnr, unfortu- n&te men lost their lives. If the riving or my me wouiu -"," would Kladly give It. In fact, in plead lnr rulltv to murder in the first de rree. I have placed my life In the hanas of tne M.VAMXRA." m i n.-a r nnm Hide of an ordinary sheet of paper and was writ- Certificates The following certificates of de posits are issued to meet the varying demands and circum stances : On demand no interest. 10 days' demand 2 per cent 30 days' demand 3 per cent 90 days' demand 4 per cent 6 months fixed time, 3 per cent 12 months fixed time, 4 per cent On savings accounts we pay 4 per cent. MERCHANTS SAVINGS & TRUST COMPANY CAPITAL, $150,000.00 V. II. Fear President Willard Case Vice-Pres 0. C. Bortzmeyer Cashier Walter H. Brown, Asst. Cashier Open Saturday Evenings, 6 to 8 ten with a fountain pen supplied by one of the attorneys. It probably Is the only written statement of the case that ever will be made by the writer or his brother. John J. McXamara, who plead ed guilty to dynamiting the Llewellyn Iron Works. Demand for Hanging Voted Down. LA CROSSE, Wis.. Dec. 5. A resolu tion favoring the execution of the Mr Namara brothers was voted down In the La Crosse local of the International Typographical Union last night. Prior to the confession the La Crosse union had refused to declare confidence In the McNamaras. BOYCOTT PARADING HIT Montana Supreme Court Decides . . Against Labor Unions. HELENA, Mont. Dec. 6. The Mon tana Supreme Court, In a decision handed down today, held that the pa rading of union members before a place of business designated as "un fair" constitutes a nuisance under the Montana law. The ruling reverses the decision of the District Court which refused an Injunction asked by Louts Iverson. a restaurant keeper, to prevent members of the Great Falls Hotel and Restau rant Employes Union from marching up and down before his place of business. Helpful Hints on Hair Health Scalp and Hair Troubles Generally Caused by Carelessness. Dandruff Is a, contagious disease, cauted by a microbe which also pro duces baldness. 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