The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-13
CHANGES HIS Mind
TaIesman in the Mcnamara Case
Is Passed.
A Tilt Between Clarence barrow
and the Court.

Los Angeles, Nov. 13.-Charges OF sub
terfuge made by Judge Walter Bord-
well against the defense in the McNa-
mara murder trial some weeks ago were
taken up by Attorney Clarence S. OAR
row at the opening of court today under
what he held to be an parallel case and
hurled at the state An EFFORT by DIS
trict Attorney John D. FrederlckS 10
reply was cut short
You don't need to make any argu-
nent on that" the court said and re-
tanned A Gribling, the talesman under
discussion after asking him few ques-
tions. Gribling was challenged because
in a series of answers to gu1leful ques-
lions by opposing counsel he had said
he would not convict in capital case
on circumstantial evidence. He also
said he would. The state challenged
him on the strength OF the negative
statement
The States Challenge.
at will call the attention Of your
honor to the testimony Of the tales
men, said District Attorney Freder-
iclxs (which 1 have gone over careful
ly.''
Il have gone over it myself" observ-
ed the court and Darrow rose.
"Talesmen w. N. Frampton and
Charles A. Winter. both of whom salq l
they do not believe in clrcumstantlaI
evidence were retained by the state ana
we had to use two peremptory chal-
lenges on them he said
IF it is good cause now, 1t was gooo
cause then. The state offers TINS cnal-
lenge because 1t wants TO get rau or
Gribling The evidence is not stronger
here than it was then" TO the court
Interrogation Gribling said he Woulo
convict if the circumstantlal evidence
were sufficiently strong.
s.rThe chalenge is disallowed,' said
the court, and added smilingly; now,
Mr.. barrow, 1 don't think you Were
justified in saying that the state trieo
to use subterfuge to get fld Oh lniS
man"
Cases Are Parallel.
'sThe defense was charged by your
honor with subterfuge in the cases OF
F'rampton and Winter" he said.
think this is a like instance:
the attorneys for the defense prac-
+ ticalIv had admitted that these TWO
mon were CHALLENGED because they
were not wanted and the incident was
/ closed. TaIesman n. p Bailey was
! challenged for cause by Attorney OAR
row. Bailey said he had read the Los
Angeles Times for twenty years anu
! was strongly in sympathy WIN 80 10
views on union labor and believed the
/ Times was blown up by union ooIno
The state resisted the challenge but
later withdrew it's opposition and Bal
4 ley was excused.
sickness InterVenes.
Sickness again has made its way
i into the jury getting PROGRESS. A
4 brother of J. B. Sexton, passed Tor
4 cause is i'll and efforts are being
made to have him excused on that
! account Judge Bordwell 1t was ex-
pected would await further advices as
TO the sick mans condition before
making any decision in the matter.
! With Seaborn Manning, once passed
( for cause by both sides excused pc
1 cause of sicknes and Sam Menden-
! hall another satisfactory talesman,
! relieved from jury duty because MS
! mother was dying, extraord mary pre-
i cautions are being taken that the men
in the box now do not deVeiop coiu
or a return of any chronic a1iment 20
which they may be subjected
4 Physicians several times have been
1 called since the trial began to treat
i talesrnen who were indisposed and 1t
IS largely on this foundation that the
state will make its fight for fourteen
Jurors providing two alternates VINO
II NAV serve should some one IN the
|, first twelve become incapacitated
Witness Found in TaIesman.
Talesman f. NJ. Webb, president OF
a marble development company, said
he was 100 yards away from nitro
glvcerin bomb that exploded near the
home of General Otis, proprietor OF the
Times. on the morning that the news
paper plant was destroyed He was
convinced the Times disaster was
caused by dynamite. Webb was ex-
cused by challenge by barrow and viii
be called as a witness when the taking
| of testinn ony begins
He is the second witness discovered
during the examination of tslesmen-