Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-10-30
FRAMPTON AND
WINTER RETAINED
Judge Bordwell OverruIes
Several of the Challenges
Against Them
A SUBTERFUGE OF DEFENSE
Talesmen Opposed Death Pen
atty on Circumstantial
Evidence.

CBv Special Leased Wire 10 New Mcxlcan)
Los Angeles, Calf, Oct CA. ].
Winter and Walter n. Frampton, two
talesmen against whom the McNa-
mara defense made bitter but un-
successful fight last Friday and Sat
urday. We're retained by Judge Bord-
We'll today on a challenge by the de-
Tense on the ground that neither be-
lieVes in the inflict!on Of the death
penalty on circumstantial evidence.
A previous challenge against each
on the ground of expressed bias had
been disallowed IN a ruling which
took the defense aback. and the later
challenges We're sort of after
thought
The state opposed on the ground
that no one but the people had a
right to challenge on that ground.
In making his decision, ;he judge
declared the defenses's challenges
were with intent to get rid OF the
men for grounds other than those
mentioned in the challenge. He said
that if the defense had opposed the
challenge presented Saturday by the
state against Talesman r. ]. Lee un-
der somewhat similar conditions he
would have disallowed that challenge
also.
1T is not legitimate proceeding,
and viii not be permitted he said in
the course of an opinion which he
read from the desk.
Defense Charged With Bad Faith.
Los Angeles, Calf, Oct. 30.-The
defense in the Mcnamara murder case
was charged with bad faith in open
court today by Judge Walter Bord-
well, and for this and other reasons,
challenges against Talesmen A. C.
Winter and Walter ~ Frampton were
denied. Attorney Darrow, after the
court had concluded its statement,
took exception to the courts asser.
ton that the defense in challenging
for one cause had no desire to get rid
of talesman on that ground. The net
result of the decision is that the de-
fense must use two peremptory chal
lenges to keep the two talesmen off
the jury. There was nothing vague
about the courts ruling.
Darrow is Angry.
Attorney Clarence S. Darrow, for
the defense, listened to 1t with set
lips, but when the court reverted to
a review of the first challenges made
for bias, he interrupted angrily:
"Your honor, that question is not be-
fore the court at this time. | don't
know that there is any objection to
getting it into the newspapers he
said
"Mr. Darrow," said Judge Bordwell,
you will please not interrupt the
court at this time
Il object to this at this time be-
cause it is not before the court" re-
torted Darrow.
objection overruled," said the
court and proceeded to his position
in refusing the earlier challenges,
pointing out that he had to consider,
not alone the isolated answers but the
talesman's whole state of mind in max.
ing his decision.
Next.
After the challenges had been dis.
posed of, George w. Johnson, re-
tired superintendent of an iron and
brass foundry, was examined.
Third Venire Drawn.
Johnson said he formed an opinion
adverse to union men long ago, but
otherwise the defense ELECTED few
direct statements from him. Two
venires of 125 and forty men respec-
lively having been exhausted, third
venire of forty was drawn today.