Government Upheld In Dynamite Case.

New York Times 100 years ago today, October 4, 1912:
Judge Rules That Prosecution May Introduce Evidence to Show Motive.
JURORS KEPT UNDER GUARD
District Attorney Miller In Presenting Case Severely Scores the Forty-six Defendants.
    INDIANAPOLIS, Oct. 3.— Not only evidence of the alleged illegal inter-State shipment of dynamite and nitro-glycerine, but also evidence as to what was done with the explosives, will be admitted at the trial of the forty-six men accused of complicity in the "dynamite plots."
    Federal Judge Albert B. Anderson so ruled to-day. His decision, thus opening to the prosecution the right to show a motive by going into the details of many explosions, including that which wrecked the Los Angeles Times Building, Oct. 1, 1910, followed the impaneling of a jury and a severe arraignment of the defendants in the opening statement by District Attorney Charles W. Miller.
    Addressing the jury and pointing his finger at Frank M. Ryan and the forty-five other men seated three deep across the court-room, Mr. Miller declared the trial of the instigators of "the most far-reaching conspiracy in the history of this country, in which during more than five years property of incalculable value had been destroyed and many, many lives had been lost," had begun.
    Eight farmers, two retired farmers, one grocer, and one grain dealer compose the jury. All swore they had no prejudice against labor unions or against corporations which maintained "open shops."
    Judge Anderson ordered the jurors to be kept under guard until their verdict is rendered.
    "I feel it my duty to do this," said Judge Anderson. "You will not be allowed to communicate in any way with the outside world until this trial is ended, except that you will be permitted to communicate with your families under the supervision of the court."
    It took thirteen hours to secure the Jury.
    Mr. Miller, in opening, said: "We will show that dynamite and nitroglycerine were carried from a place in one State to a place in another State, on passenger trains on which thousands of men, women, and children were traveling. Evidence will show that an infernal machine was devised whereby a charge of explosive with a long fuse attached was set off by an alarm clock, so the dynamiters could be hundreds of miles away when their destructive work was accomplished. We will show that James B. McNamara and John J. McNamara, who are now in prison in California, one of them for murder, and Ortie E. McManigal, who has pleaded guilty, were active in this dynamiting business, and that all the present defendants are guilty with them."
    "We object to this sort of evidence on the ground that it is not competent," said William N. Harding of counsel for the defense, "Every State in the Union permits the use of dynamite and nitroglycerine for one purpose or another, and the presumption in law is that if explosives are at a given place they are there legally. The only charge upon which these men can be prosecuted under the Federal statutes is that of illegal inter-State shipment."
    Judge Anderson overruled the objection. He said if a man from the station in Indianapolis went with a suitcase, containing explosives to Peoria, Ill., it was competent to show why he carried the explosives.
    Reading off the names of the defendants and describing their relation with labor union, Mr. Miller said: "Mr. Ryan is President of the International Association of Bridge and Structural Iron Workers, and by virtue of that office is, or was, a member of the Executive Board of the American Federation of Labor.
    "Mr. Ryan is not President of the American Federation of Labor," interrupted Mr. Harding.
    "I didn't say he was. I said by virtue of his office with the iron workers he is an Executive board member of the federation."
    The Government's statement contained a full history of the cases and named Boston, New York, Jersey City, Hoboken, Albany, Buffalo, Cincinnati, Cleveland, Chicago, Milwaukee, Omaha, Kansas City, Salt Lake City, Utah, Los Angeles, and San Francisco as among the cities where the defendants met to carry on a conspiracy.
    The presentation of the Government's case was not completed when court adjourned until to-morrow.