Evening journal., 1911-10-30
ROW OVER THE
Defense Is Determined to Re-
move FramptOn and Winter
From Box
COURT MAY CITE DARROW
TO APPEAR FOR CONTEMPT
BY The United Press.

BY The United Press.
Los ANGELES. Cal, Oct. s0-De-
termined to force Jurors Frampton
and Winter from the box without be-
ing compelled TO waste peremptory
challenges, the defense IN the Nc
Namara trial, renewed its efforts
when court reconvened today to COM
pei Judge Bordwell to recognize chal-
lenges against both, because they said
they held conscientious scruplea
against infiicting the death penalty
on circumstantial evidence
Attorney Darrow and his associates
held a conference before court opened.
and decided that II Judge Bordwell
refused to entertain such a challenge,
they would later try to impeach both
men. They have witnesses who will
swear that both frequently expressed
the opinion that the defendant was
guilty. The real reason the state is
willing to accept both men has be>
come known. District Attornew Fred
ericks and his associates realize that
in the present trial, they are only lay
ing the foundation for the trial Of
John j. Mcnamara. Because OF the
latters prominent position in the
labor world. and from the fact that
Samuel Gompers, John Mitchell and
other big leaders Of the American.
Federation Of Labor are on record aa
declaring John Mcnamara innocent, IL
Is alleged that his conviction ID
earnestly desired by the ones which
are said TO be defraying the enormous
expenses Of the Burns Detectiye
Agency In working up the evidence I'M
this case.
Feeling between the attorneys IN
the case is intense, and Attorney
Darrows open criticism Of judges
Bordwell. quoting the answers givenl
during the interrogation, by Jurocl
Winter and Frampton as proof. great
ly diHpleased Judge Bordwell and
Fredericks. The latter declared Dar-l
rows criticism entirely uncalled for
and added that the action OF Darrowl
In separating a certain small portion
of the record and quoting II, Isl
sharp practice" In statementl
Fredrlcks said the entire record alb
solutely proved that both men were
fair minded and impartial and could
be depended on 10 give both sides a.
SQUARE deal He insisted that the
code only provides for a fair. not y
safe jury
IL is rumored that Bordwen, exer1
oised over Darrow's action, IA con-
sldering tho advisability OF citing him
for contempt and forcing him TO ex-
lplain. The court. however, refuses
10 comment on the case outside the
court room. intlmating that any action
he may take will be In the court room
and nowhere else.
Both sides are admittedly concert
ed over the Indianapolis proceeding
Fredericks Is extremely conaaen III
his intimates have already been a.
sured that the evidence there will
brought here I'm plenty Of time 70
use Darrow says he does not care
and processes 20 wonder why, If tn
state has the extremely strong case
Detective Burns has been boasting or
Il is so anxious for all this outside
matter. and is lighting so bitterly t'
compel the defendant 70 accept opin'
donated Jurors as final arbiters
After considerable heated argumenl
today Judge Bordwell, in the McNa'
mara case, finally overruled the do
fense's challenge OF Veniremen Tramp
ton and Winters