Iron Workers president Frank Ryan asked
Clarence Darrow to defend the McNamaras. Darrow had become a hero in labor circles for his successful defense of labor leader
Bill Haywood in 1906. However, Darrow was in ill health, and although organized labor was convinced of the McNamaras' innocence, Darrow realized that the evidence against them was overwhelming and that the brothers were almost certainly guilty. Soon after the arrest, and before he agreed to represent the McNamaras, he confided this to a journalist as the reason he was reluctant to take the case. Ryan turned to Harriman, who agreed to be the brothers' defense attorney. Gompers, however, visited Darrow in Chicago and convinced him that the case required his expertise. Reluctantly, Darrow consented to be lead defense attorney. Harriman stayed on as his assistant. Darrow also recruited former Los Angeles county assistant district attorney Lecompte Davis, pro-union Indiana judge Cyrus F. McNutt, and president of the
Los Angeles Chamber of Commerce Joseph Scott as co-counsel for the defense. The McNamaras were
arraigned on May 5, 1911. They
pleaded not guilty. McManigal, who had
turned state's evidence, was not charged at that time. Darrow argued that he would need $350,000 ($ in ) for the defense. The AFL, who had already paid Darrow a $50,000 retainer, immediately began to raise the additional funds. The AFL Executive Council established a permanent "Ways and Means Committee" to seek money. The federation appealed to local, state, regional and national unions to donate 25 cents per capita to the defense fund, and set up defense committees in larger cities throughout the nation to take donations. Darrow also insisted that he needed popular support, to put political pressure on the prosecution. Pins, buttons and other paraphernalia were sold to raise money, and a film about J. J. McNamara—
A Martyr to His Cause—was produced. It premiered in
Cincinnati, Ohio, and an estimated 50,000 people paid to see it.
Labor Day throughout the nation was declared to be "McNamara Day", and mass marches were held in 13 major cities in support of the defendants.
Jury selection began on October 25. As
voir dire continued, Darrow became increasingly concerned about the outcome of the trial. in the face of employer violence and state-sponsored repression of labor unions. J.B. was an eager proponent of Steffens' plans, but J.J. refused to cooperate unless Darrow agreed. Darrow was stunned by Steffens' report that the brothers had admitted their guilt to him, but with his health worsening and his pessimism about the defense growing, Darrow agreed to permit the McNamaras to cooperate with Steffens. The weekend of November 19–20, Darrow and Steffens met with newspaper publisher
E. W. Scripps. During their discussions of the trial, Darrow raised the possibility of pressuring the prosecution into accepting a plea bargain. In exchange for light prison terms for the McNamaras, the AFL would end its debilitating strike and organizing efforts against Los Angeles employers. Steffens met with Otis and
Harry Chandler, Otis' son-in-law and assistant general manager at the
Los Angeles Times. Both men agreed to the plan. The success of the AFL's public opinion campaign had apparently worried both newspapermen, and the Iron Workers' success in maintaining (even widening) the strike had weakened the resolve of many in the Los Angeles business community. Chandler offered to open negotiations with the district attorney,
John D. Fredericks. Although a group of Los Angeles businessmen had endorsed the secret talks, they had no legal power over the prosecutor. Fredericks refused to sanction any plan which let the McNamaras go free. The National Erectors' Association had learned of the talks (both the defense and prosecution had their paid spies in the other's camp), and was pressing Fredericks to reject any plea bargain. As a compromise, Fredericks demanded that J.B. receive life in prison and J.J. receive a much shorter term.
McNamaras plead guilty The agreement was laid before the McNamara brothers. J. B. initially refused to agree to any plea bargain that did not set his brother free. But when Darrow told him that a settlement was possible only if both brothers pleaded guilty, J. B. gave his consent. Darrow sent for a representative of the AFL. The shocked labor leader refused to accept the agreement until Darrow convinced him that the defense had almost no chance. Darrow had hoped that a plea bargain (rather than an admission of guilt in open court) would be all that was needed. But Los Angeles employers were worried that defense attorney Harriman would trounce Mayor Alexander on election day (December 5). Nothing short of an actual admission of guilt in open court would discredit Harriman and prevent his victory, and the employers were pressing hard for one. edition of December 27, 1911 (v. 70, no. 1817) depicting the
flareback of the bombing. On December 1, 1911, the McNamara brothers changed their pleas in open court to guilty. James B. McNamara admitted to murder by having set the bomb that destroyed the Los Angeles Times Building on October 1, 1910. John J. McNamara, setting foot for the first time in court, admitted to having ordered the bombing of the Llewellyn Iron Works on December 25. J.J. McNamara later told an interviewer that Darrow had kept the McNamara brothers isolated from public opinion. Had they known how strongly the public was on their side, they would not have agreed to the plea deal, he claimed. At his sentencing hearing, Jim McNamara's confession was read in court: Judge Bordwell rejected the defendants' assertions that they did not intend to harm the
Times workers: A man who would put sixteen sticks of 80 per cent dynamite in a building * * * in which you, as a printer, knew gas was burning in many places, and in which you knew there were scores of human beings toiling, must have no regard whatever for the lives of his fellow beings. He must have been a murderer at heart. After sentencing, Judge Bordwell issued a long statement minimizing the role of Lincoln Steffens in bringing about the plea deal. Bordwell wrote that the prosecution had long sought a plea deal, but could not agree to J. B.'s insistence that his brother go free. The judge stated that what really broke the deadlock was the arrest of Bert Franklin, a detective hired by the defense, on a charge of attempted bribery of jurors. The bribery attempt, he wrote, revealed how desperate the defense was, and forced them to agree to a prison sentence for J. J.
Reactions to the guilty pleas Prosecutor Fredericks justified the plea deal because by having the McNamaras plead guilty, he said, there would be no doubt of their guilt; without a guilty plea, their supporters would always believe that they were framed. Darrow was later criticized for misleading and pressuring the McNamaras into each pleading guilty. There remained a suspicion that, following the arrest of his chief jury investigator Burt Franklin on charges of attempted bribery of jurors, Darrow needed to hurry up the guilty pleas, because he knew that he would be accused of attempted bribery as well, and one of his defenses would be that a plea deal had already been agreed upon, so that he had no motive to bribe jurors. Darrow defended the guilty pleas by citing the overwhelming evidence against the brothers: From the first there was never the slightest chance to win. To those who say it would have been better to have gone to trial and suffered complete defeat, I would call attention to the fact that there were thirty or forty 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 J. B. McNamara as being present practically on the very day, and one at least, in the building. There was overwhelming evidence of all kinds, which no one could have surmounted if they would. Following the guilty pleas, Darrow was criticized for using deception to raise money for his clients' defense: allowing supporters to believe in their innocence, in order to raise a war chest of $200,000 from contributions by working men, and spend about $100,000 of it to mount an expensive effort, while knowing all along that the McNamara brothers were guilty. Darrow said that his first duty was to his clients, and that he did whatever needed to raise the funds for the best defense possible. Samuel Gompers was traveling by rail in
New Jersey when the change in plea was made. A reporter with the
Associated Press boarded his train, woke him, and handed him the dispatch regarding the guilty verdicts. "I am astounded, I am astounded", he said. "The McNamaras have betrayed labor." The Socialist Party, however, refused to condemn the McNamara brothers, arguing that their actions were justified in view of the supposed employer- and state-sponsored terror their union had faced for the last 25 years. Haywood and Debs echoed that sentiment. Wrote Debs: It is easy enough for a gentleman of education and refinement to sit at his typewriter and point out the crimes of the workers. But let him be one of them himself, reared in hard poverty, denied education, thrown into the brute struggle for existence from childhood, oppressed, exploited, forced to strike, clubbed by the police, jailed while his family is evicted, and his wife and children are hungry, and he will hesitate to condemn these as criminals who fight against the crimes of which they are the victims of such savage methods as have been forced upon them by their masters. ==Big trial in Indianapolis==