The Sentinel=record., 1911-10-29
.DARROW MAY ASK CHANCE
COUNSEL FOR DEFENSE AND JUDGE IN DIFFICULT TANGLE
 IN THE M'NAMARA CASE.
Court Refuses to Dismiss Two chai. Ienged Tslesmen and Darrow May Ask a Change of
 Judges in Case.

Los Angeles, Cal, Oct. 2S.- Strong possibility for an appeal for a change of judge marked the close to- day of the third week of the MeNa. mara murder trial, which ended in a general snar.
 One such demand already has been refused by Judge Bordwen, the re- fusal being backed by an affidavit by Judge Hutton, presiding judge oi the twelve departments of the Su- .perior Court of Los Angeles County certifying the impartialty of Judge Bordwell.
 A further appeal if made would be based to a great extent it is known upon two rulings made today by Judge Bordwell in which he denied challenges by the defense against A, 'C. Winter anu Walter N Frampton las jurors, challenged for bias,
 Both men still are under challenge tonight it having occurred to Attor- hey Le Compte Davis for the defense after the adverse ruling of the court that neither had been interrogated as Ito whether he would vote for con- vietion in a capital case on circum- Istantial evidence alone. Each said he would not and this is ground foi challenge under the law.
 The state resisted, Assistant DIS trict Attorney Horton declaring that such challenge should have been of fered sooner or not at all: that il ithe men were agaihst fl7trfgfhg 1t was so much the better for the defense and that the statutory provision never was intended and could not have been used as a savior of peremptory challenge. Two more now under chal. lenge for cause and six in the box awaiting examination was the show. ling at the end of the third court week. One panel of 125 yeniremer has been exhausted and another oi 40 is nearly gone.
 The jurors acceptefo as to cause are:
 seaborn Manning farmer.
 Robert F. Bain carpenter.
 George W. Mckee, real estate dealer.
 F D. Green, orange grower.
 Clarence s. Darrow, chief counse for the defense, refused tonight tC discuss his plans, but other attorney for the defense admitted that appeals for a change of judge is their lega recourse If the appeal should b, refused ii e..ll would be part Of tn, record as subject in the opinion o defense for appeal to a higher cour in the event of an unfayorable yer dict
 The appeal grounds as outlined b. Darrow in a statement are in part a follows
 Talesman WalterN Frampton stat ed that he had the opinion that or ganized labor was menace to tn, welfare of the country, that he ha, after serious consideration, forme' the opinion that the defendant wa guilty Of murder; that 1t was fixe' opinion that it would require goo, deal of evidence to make him donb the guilt that his mind was full made up beyond reasonable doub Ethat the defendant was guilty. A. c. Winter stated that he ha been preiudiced against labor union for many years, that he had ike opinion in that the defendant wa guilty; that he was president Of th Retail Butchers Association, and tba when there was strike ol th wholesale but hers he took the strik lers blacesi that ne was f'IsJidi'e against unions' thas Y he went int the jury box he would be handlcappe by that prejudice and that the de fendant would have 10 prove he wa mot guilty
 T believe it would he impossibl ito find where any other court ha Eever held That sach jurors could giv defendant d fair trial" said Dai row
 The record shows that both mel under adroit questioning by oppos ling counsel, made many eonsradictcf lstatements some of which they them Iselves could not reconcile Tn. Ipoint was brought ont by Judge Bor, iwell. on rnling on Frampfop