The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-10-28
M'NAMARES COUNSEL TO
ASK CHANGE OF VENUE
Attorney Darrow Will Renew
Original Allegations of 80
Prejudice.

LOS ANGELES. Calf, Oct. 2S.-lt
was evident when court convened to-
day that the feeling between counsel
and the court in the McNamara case
was becoming more and more intense
and that the attorneys for the defense
will renew their application for
change of venue. The original allega-
tons of prejudice against Bordweil
vii, be renewed later no matter whal
tocay's decision on jurors Fisher and
Frampton may be.
Court ieconvened an hour earlier
than usual. The state Immediately
began trying by a series of questions
to eliminate. Juror Thomas }. Lee VINO
insisted he has no opinion on this
case. He Is an Irishman and a mem
ber OF the Knights OF Columbus, IN
which Joseph Scott, one OF the de-
FENCES counsel, Is very prominent
Attorney Darrow's action in de-
manding that Judge Bordwell act on
each challenge for cause Immediately
after Il is made has already resulted
in friction. Darrow's implication that
Judge Bordwell Is playing into the
prosecutioh's hands is resented by
the court, but Darrow insisted today
that he was left no alternative in the
matter.
THE condition presented here Is
peculiar" he said, and IL is absolute
ly necessary that the defense force
the issue. In view OF the states ac-
ton in trying to line up the federal
government at indianapolis against
us. Judge Bordwel Is robbing us of
an important point in the struggle for
advantage when he withholds de-
cision on our challenges for cause.
This is especially true, when 1t is
remembered that this record that
Vcnireman Winter said he believed
Mcnamara guilty but was willing to
acquit If he proves his innocence,
while Venireman Frampton said he
thought Mcnamara guilty beyond a
reasonable doubt. II we cannot know
how many real and how many pos
sible jurors are in the box at all times
We are badly handicapped.
This is especially SO when IL Is
remembered that our peremptory chal-
lenges are limited. Suppose we were
trying TO qualify man and should
develop that he had slight animos-
ity against rs, but apparently was
fair.minded on the general proposition
at issue, If we found we were getting
close TO the end Of our perenytory
challenges. we might desire to qualify
such a man rather than eliminate him
and take chances with raw material
Judge Bordwell, in Withholding de-
cision. thus seriously hampers us.
The present condition is the direct
result of developments late yesterday
afternoon, when Darrow demanded
that the court rule forthwith on his
pending challenges. BOTdwell re-
fused and then DaTrow. for purposes
of record, defantly refused TO proceed
until compelled TO by Bordwell. For
an hour the air had been filled with
friction. Attorney Davis having firmly
protested against Bordwell asking in
direct questions OF Frampton which
he insisted were "adroiuy framed to
qualify a plainly Incompetent Juror.
Judge Bordwell oycrruled Darrow.s
protesf-and directed him 20 proceed
with the case. promising 10 rule on the
matter to-day barrow then read into
the record his protest and continued
the examination under protest BY do
ing so he considered that he gained a
great technical advantage should Nc
Namara be convicted. and also paved
the way for an appeal and renewal
ot the already rejected demand for a
ehanse OF judge.