The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-30
BAD FOR DEFENSE.
Continued from Page One.)

lowed that challenge also. 1T is not
a legitimate proceeding and will not
be permitted" he said in the course OF
an opinion which he read from the
desk. The decision destroyed the hope
j of the defense to get rid of Winter and
Ffampton without using Two of their
precious pereplptoFy challenges. Win
ter, in his examination said he had an
opinion which it would require evil
dence 10 remove, and that James 3.
Mcnamara, on trial for the murder OF
Charles j. Haggerty, a machinist Kill
ed in the Los angeles Times explosl~n
was guilty. Frampton'S statements
were still more positive. Under the
law the court is the sole judge Of
whether a man can give fair trial.
DarrOw Takes Exception.
Attorney Darrow, when the court
had finished, took exception to the
statement of the court that the chal-
1enge of the defense was not in good
falth, and to some other points IN IT.
He then took up the examination of
Talesman G. w. Johnson.
Shall l examine Groves now as to
his views on capital punishment"
asked the court of counsel.
why" replied Mr.. Scott of the de-
Tense, that's just the point we raised
whether after you examined him he
could be further questioned by coun-
SELL
The court explained that under the
terrogate the new talesman as to i'm
piled bias with reference to circum-
stantial evidence as well as to capital
punishment
But we want it understood" in
terposed Lecompte Davis. that the
district attorney shall not examine the
talesman on the same subject as to
being challenged or that both sides
shall have that privilege
The ruling 1 shall make this
MI. 1ir7cr T7a f711o IIGr st
Winter and Flamtpon will clear that
point Judge Bordwell. Judge Bord-
we'll decided to announce his ruling
at once. First he cited several pre-
cedent cases.
The Courts Ruling.
1.-The challenge for implied bias
against Talesn1an Lee by the state if
it had been opposed by the defense,
would have been disallowed declared
Judge Bordwell, disposing of the point
raised by the defense that Lee was
challenged at a time parallel to the
challenges against Winter and Tramp
ton and the challenge allowed.
but the challenge against Lee was
not resisted and hence stands said
the court. LAS to Winter and Tramp
ton, the court is of the opinion that
according to their answers both can
act fairly and impartially and has
ruled on the first challenges for actual
bias interposed by the defense. The
later challenges by the defense for i'm
piled bias in reference to their views
on capital punishment and circumstan-
tial evidence amounts to an effort to
change the courts ruling. 1t is not a
legitimate proceeding and Will not be
permitted. It may be doubted if the
law ever intended to give the defense
the right to challenge on these |
grounds. The challenge of the defense !
to Jurors Frampton and Winter will
be disallowed-"
Mr.. Darrow was on his feet in an |
instant. It want to take exception, |
he said, "to the statement of the court |
that the challenge was not made in |
good faith by the defense He fur |
Their reiterated that answers by Winter /
and F'rampton had unequivocally dis |
qualified them and went som ewhat !
into to point out that the transcript |
showed the talesmen should be dis |
qualified on every ground.
Counsel for the defense will pro- |
coed with the examination of jurors"
remarked the court when Mr.. Darrow |
concluded.
The talesman, c. w. Johnson, 9 |
years old, who complained of illness
earlier in the day. was first examined |
by the defense. He said he was for I
manv years uperintendent of an iron
and brass foundry but was now retired. /
He added he never employed union
men. He referred to some of them as
'ttramps and dictators,' in relating his
experiences with them.