Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-10-31
TRIAL DRAGS SLOW
LENGTH ALONG.
Efforts of, State to Eliminate Frank
Frakes, a Farmer, Who Believes
Explosion was Caused
by Gas.
WRANlLING AND DISPUTING.
Seven Jurymen Secured so Far--state
Objects to Juryman Who is Mem
ber of the Plaster's Union. Prospects
for Prolonged trial.


for Prolonged trial.
Los Angeles, Cal, Oct. 31.-Inter-
est in the primary election overshad-
owed todays session of the McNam-
ara trial, the jurors now in the box
being rushed to the polls and per-
mitted to vote before court opened.
There are now seven men in the box
who have been passed by both sides
and an eighth against whom the de-
fense has tried to lodge an impeach-
ment challenge which is considered
almost certain to fail.
Those passed for cause are: 5. 3.
Manning, rancher; Robert Balm, car
penter; F. D. Green, capitalist; wal
ter n. Frampton, farmer; George W.
Mckee, retired builder; A. c. Winter,
butcher; Samuel F. Mendenhall,
farmer
Challenged for bias, but likely to
remain is George w. Johnson, re-
tired moulder.
When court reconvened today the
state Ras trying its hardest to elm
mate Frank Frakes, farmer, who
has been passed by the defense for
cause. He inclines to the theory that
gas destroyed the Times building and
the state, hoping to impeach, de-
manded whether he had not told K. b.
Cameron, of Lancaster, on september
Is. that he didn't believe dynamite
had ANYTHING TO do with the Times
explosion. Frakes, a hard-headed
farmer, insisted: 'Mebbe | did.
mebbe l didn't; Cameron talks too
much. I'm likely to tell him any
thing any time in order to get away
from him"
Attorney Darrow is doing his best
to keep this juror, as Frakes insisted
he had no opinion and had never read
much or talked about the case.
His brother is a member OF the
Plasterers' Union Of San Francisco,
and for this reason the state is striv-
ing desperately to keep him from be-
ing seated
Yesterdays late session was event
full and was marked by much wrangl-
ing between attorneys, and a severe
rebuking of the defense by Judge
Bordwell. This was especially no.
ticeable when the defense was try
ing to get rid of Venireman Johnson,
who characterized all union men as
"tramps." When he said he had
conscientious scruples against hang
ing a man on circumstantlal evidence
alone, the defense challenged. The
challenge was ruled out by the court
who held the defense could not chal-
lenge for this cause, that being al
right exclusively retained by the
state.
Darrow was angry and said that
was the first time in his life that he
ever heard there was one kind of law
for the state and another for the de-
tense. He cited the code and insisted
that such a juror should not be per
mitted or compelled to serve" and
declared Bordwell had committed a
reversible error by his ruling.
The defense planned today to re-
new its efforts to impeach Johnson,
but the defense's detective Fitzgerald,
made an unfavorable appearance on
the witness stand late yesterday.
His story that Johnson upheld Gen.
Otis, and said the McNamaras un-
doubtedly were guilty was chal-
lenged.
The defense managed to land Ven
fireman Mendenhall on the jury, he in
sisting that he could be fair and re-
sisting all efforts of the state to dis
lodge him.
He is a bitter personal enemy of
District Attorney Fredericks, making
it certain the state will have to waste
peremptory challenge to remove
him. The present indications are that
the defense will have to use four per-
emptory challenges and the state two
to remove men from the box, leaving
only Manning and possibly Greene.
The state has ten, the defense twen-
ty peremptory challenges.