New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-28
BARROW AND COURT CLASH
Counsel for Mcnamara Hats
the Trial.
ASKS RULING ON TALESMEN
Refuses to Proceed with Trial
Until Directed to Do So, in
Order to Make Record

Los Angeles Oct. 27.-The defence in n.
Mcnamara murder case placed Itself .,
direct opposition 10 court ruling TO-DAY
The point At Issue was made ground ro-
exception and may come up again
Clarence S. Darrow. chief OF counsel p,
James %. Mcnamara. who is on trial ~,
the murder OF Charles J. ITaggertv. 4 ma
chinist killed in The Los Angeles Tjn,e,,
explosion year ago. brought on tho cIas,
for the avowed purpose OF obtaining j,
ruling on the time which the court Will
take in which 10 decide whether rt,f.
lenge directed against talesnan SHALL Ia
allowed. For the purpose Of record bar.
row refused to proceed until ordered 10 do
so by the court.
This was the third day that A. G WIN.
ter, challenged talesnsn. sat In the box.
and the court had said he would rule %,
Winters case to-day IL the defence de-
sired. The point was passed, ard lat. in
the day Walter y. Frampton, farmer.
was challenged because he said he be-
lieyed both James B. Mcnamara and his
brother, John j., were guilty Of murder in
connection with THE Times" disaster
The court deferred ruling on Framp,on.
who on examination by the state, made
several apparently contradictory state
ments, and Mr. barrow stopped the trial
instantly 1t is the contention OF counsel
for the defence that they do not know how
to save UP their peremptory challenges nor
when to take chances on accepting tales
men as TO cause. unless they know the ex-
act status OF every man in the box.
n am going to ask to have the challenge
passed on now. want the ruling OF tho
court said Mr. barrow. when the court
had announced that he would examine the
record in the Frampton case.
mo, Mr.. barrow said Judge Bordwell.
there IL no occasion for a remark Ike
that. 7 am going to take time to examine
this record"
II am going 10 make my record" said
Mr.. barrow, "and ask the court 10 pass on
It now, and refuse 10 go on unless It Is
pa ssed on ard we know who Is IN the boz
both as to Frampton and Winter. neither
OF whom, in my opinion, should be here
minute. I object 10 their acting with tn
other Jurors"
Mr.. Lsrrow, these challenges will not
be passed on until tomorrow morning"
reiterated the court.
Then we refuse TO go on. II is fair 10
us 70 know what kind OF jurors we take
when we make our examination. so We
may know what kind of men we have go;
TO challenge peremptorily and what kind Of
men will be stricken off by the court upon
what we believe is sufficient showing o.
cause. | am going TO ask TO have the jury
| box filed and have every motion passed
on. every challenge passed on. az we go
along"
The court: Now, Mr.. barrow, am not
going 10 pass upon this matter until to-
morrow morning. That is settled
Mr. Darrow-"Then we are going TO o0-
iect 10 the examination OF any further
Jurors until the matter is passed on, both
as 10 this juror and the other-Mr. VIM
ter"
The Court-"Do you desire to have the
box filed"
Mr.. Darrow-"Yes, sir
The Court-"At the present time" ,-
Mr.. Darrow-"Yes.
The Court-''Very well; Ill the jury box
The box was filed, and the judge asked
the new talesmen whether they were op-
posed 10 the death penalty, and then turned
to Mr.. Darrow.
do counsel for the defence wish TO eA-
anime them?" he asked.
1--WE refuse TO go on until We kno" WHAT
Jurors are in the box-untl our challenges
are disposed Of" said Mr.. Darrow.
I'VE ask the court 10 examine the JURY
then select jury himself cut In FredeT-
icks.
1--WE will examine them II the court says
we must go on" said barrow, and the court
replied 90,
THAT is the ruling, Mr.. Darrow. you
must proceed" .,..
Mr.. barrow entered an objection WHICH
was overruled, and an exception. ana TOOK
mn the examination Of Talesman 7. D. Lee
which was under consideration when court
adjourned.