Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-10-29
RULES AGAINST
TWO CHALLENGES
Mcnamara Court Holds Jurors
Winter and Framptom Com
petent.
DEFENSE ENTERS OBJECTION
Federal Grand Jury in Indiana May
IDdict AIcNRmaras for Illegal
transportation of Ex-
pIOsiyes.

LOS ANGELES, Cal, Oct. 2S.-Judge
Walter L. Bordwell today decided a four
days controversy over Talesman A. c.
Winter in the Mcnamara murder trial
by refusing to excuse him from jury
service. The defense challenged Winter
after he had said that he had a fixed
opinion as to tha guilt or innocence OF
the defendant, but told attorneys for
the state that he could give fair trial
Further examined by the defense, he said
1t would take evidence to remove his
opinion.
The judge also retained Talesman Wal
ter N. Frampton, who was challenged by
the defense because he said he believed
that labor unions blew up the Times
building and that John j.. and James b
Mcnamara were guilty ofNthe deed.
r. II have examined the record ver5
closely, - said the court, both as to Win.
ter and FtHmpton and have given spe.
eial attention TO the. testimony that Mr.
Winter gave here day before yesterday
and am going to ask Mr.. Winter few
questions with reference to that matter
again,
Did you make a speech two years
ago at the Merchants exchange about
the time OF a strike here on the labor
question:"
Il may have talked on the subject, but
made no speech" answered Winter. Il
don't remember any speech"
Attorney Darrow entered objections to
the ruling on Winter and Frampton.
Talesman T. J. Lee was excused after
he had said he would not convict in a
capital case on circumstantial evidence.
May Face other Charges.
INDIANAPOLIS, Oct. 2S.-That, ac.
cording to information in the possession
OF the United States district attorney, a
conspiracy unlawfully to transport dyna.
mite from state to state has existed with
headquarters in the offices of John Nc.
Namara here is the statement of a peti.
tion filed. in the county criminal court
today praying for possession of evidence
in the case TO be used in federal grand
jury investigation.
John ]. Mcnamara, James B. McNa-
mara, Ortie L. McManigal land Others
working in concert with them are the
persons alleged by the United States at
torney for this district. Charles w. Miller
to have engaged in the conspiracy. Dyna,
mite and nitroglycerine were unlawfully
transported on passenger trains in inter.
state commerce through Indiana, Illinois
Pennsylvania, Missouri and California, ac.
cording to the petitioner.
Admissions, incriminating letters anc
other evidence, the petition recites, are
contained in books, papers and boxes ol
explosives and weapons seized by the
police in a raid on the offices in thi.
city Of the International Association foi
Bridge and Structural Iron Workers, OF
which John J. Mcnamara is secretary
and found in a box at the home of d
Jones, an iron worker, and at the lodging
Of John j. Mcnamara All this evidence
is now in charge of Judge Joseph Markey
of the criminal court and it is desired
for federal grand jury inquiry to bt
opened on November Z.
1t was partly on the evidence described
that the grand jury here returned al
indictment against John ]. Mcnamara
charging conspiracy to destroy property
/ by dynamite. Judge Markey denied &
. petition that the evidence be taken L
California for use in the trials OF tn,
McNamaras there.