Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-10-28
BARROW DEflES
JUDGE BORDWfLL
REFUSES TO PROCEED WITH
TRIAL UNLESS DECISION
Is GIVEN.
A TT ORN EYS CLASH
Another Day Added to Trial With No
Progress in Obtaining Jury
Personalities Injected.

Los Angeles, Oct. 27.-Demanding
instant ruling on the challenges inter
posed by the defense over talesmen
under examination, Chief Counsel
barrow refused to proceed with the
trial of j. B. Mcnamara, charged with
murder in connection with the de-
struetion of the Los Angeles Times,
until ordered to do so by Judge Wal
ter Bordwell
Darrow's demand was made when
Amusement the challenge against
Talesman Walter Frampton, who tes-
titled under examination by the de-
Tense that he believed J. B. Mcnamara
and his brother, John J. Mcnamara
guilty, "beyond reasonable doubt,
of the murder of Charles J. Haggerty
and the destruction by dynamite of
the Los Angeles Times building.
Frampton had also said he did not
believe he could be fair AMI impair
tial juror.
The clash came shortly after the
ending of the afternoon recess, taken
just at the conclusion of the eXamina-
ton of Frampton. Judge Bordwell
had mounted the bench and remarked
that he was not yet ready to rule on
Frampton, when barrow, rising and
leveling his spectacles, which he had
in his hand, at point and said:
your Honor, we demand ruasag
on this challenge now. and on that of
A. C. Winter, whose case has been
pending for two days"
"Mr. Darrow," said the court, evil
IDENTIFY surprised by the attitude of
the attorney, there is no occasion
for such remark at this time"
"Your Honor" barrow returned,
I'VE demand that ruling be handed
down now, and Furthermore we refuse
to proceed with this case until such a
ruling is made"
District Attorney John D. Freder-
icks, instantly on his feet, said
There are two sides to this The de-
Tense is no more entitled to ruling
than we are"
Il am going to make my record and
to ask that it be passed on now" OAR
row asserted and | am going to
refuse to 60 on unless it is passed on
and we know who is in the box, both
as to Frampton and Winters, neither
of whom, in my opinion, should be
there minute I object to their
mixing with the other Jurors"
These challenges will not be decid-
ed until tomorrow, said Bordwell.
Then We refuse to go on" said
barrow calmly
Il don't know that counsel has any
thing to do with whether we go on"
interrupted Fredericks
We refuse to go ON until we know
who are jurors, until our challenges
are passed on by the court. 1t is fair
to us to know what kind Of Jurors to
take when we make our examinations.
We propose to have our right in that,
if those are our rights"
After another interruption by Fred
ericks, barrow continued: We must
have our motions passed on as they
come up l am going to ask to have
the jury box filled and have every mo-
ton and every challenge passed on as
We go along"
The vacant places in the jury box
were then filled at the courts order
and after the preliminary questions
as to the citizenship, barrow again
stated his determination to refuse t.
proceed.
{ I'VE refuse to go on until we know
what jurors are in the box, until oul
challenges are disposed Of" he said
I'VE ask the court to examine the jur
ors and select the jurors himself,
! said Fredericks-
Darrow then agreed to proceed, al
| ter the court had ordered him to do sc
and he had taken an exception to tn
ruling. The clash between Darro,
and the court occurred after an after
noon in which there we're freruen
moments of i'll feeling amono counse
which nod rsosc than onco thrsntene
! 10 hraak cut in hostile decentralization