The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-11-03
DARROW MAY ASK
FOR NEW JUDGE
Refuses to Discuss Case But Other
Attorneys Admit That Appeal for
Change Will Be Taken.

Los Angeles, Oct. 30.-suong possl
Ib.lity for an appeal for a change O.
judge marked the close Saturday o.
the third week Of the Mcnamara mur
der trial. which ended in a genera
snarl. One such demand already has
been refused by Judge Bordwell. the
refusal being backed by an afidavit
from Judge Hutton, presiding judge
of the twelve departments of the su.
iperior court of Los Angeles county
certifying the impartiality Of Judge
Bordwell
A further appeal, if made, would be
based to a great extent it is known.
upon two rulings made Saturday by
Judge Bordwell, in which he denied
challenges by the defense against A.
IC Winter and Walter ~ Frampton as
jurors. challenged for bias
Both men are under challenge it hav-
ing occurred to Attorney Davis for the
defense. after the adverse ruling of the
court, that neither had been interro-
gated as to whether either would vote
for acquitaal or guilt on circumstantial
evidence.
The defense resisted the declaration
by District Attorney Horton that such
challenges should have been offered
sooner or not at all; that if the men
were against hanging it was so much
the better for the defense, and that the
statutory provision never was intended
and could not be used as "a savior of
peremptory challenge"
I'VE don't want Frampton or Winter
on that jury because they are not fair
minded men," cried Attorney Joseph
Scott for the defense in response to
this.
Four talesmen accepted by both
sides as to cause, but still subject to
peremptory challenge, two more now
under challenge for cause, and six in
the box awaiting examination was the
showing at the end of the third court
week. One panel of 125 veniremen has
been exhausted and another of forty is
nearly gone.
The jurors accepted as to cause are:
Seaborn Manning, farmer
Robert F. Balm, carpenter.
George w. Mckee, real estate.
F. d. Green, orange grower
Clarence S. Darrow, chief counsel for
the defense, refused last night to dis
cuss his plans, but other attorneys for
the defense admitted that appeals for
change of judge in their legal recourse.
# the appeal should be refused, it still
would be part of the record, as sub
ect in the opinion of the defense for
appeal to a higher court in the event
If McNamaras being convicted.
Talesman Walter n. Frampton stated
hat he had the opinion that organized
abor was menace to the welfare of
he country; that he had, after serious
formed the opinion that
be defendant was guilty of murder;
hat it was fixed opinion and that it
would require a good deal of evidence
o make him change; that his mind was
Wholly made up that dynamite blew up
he Times.
The foregoing was the defense's rea-
ons for challenging Frampton
"a. c. Winter stated that he had
cen prejudiced against labor unions
or many years; that he had a fixed
pinion that the defendant was guilty;
nat when there wa sa strike of the
holesale butchers he took the strik-
rs places; that he was prejudiced
gainst unions; that if he went into
le jury box he would be handicapped
Y the prejudice and that the defend |
ut would have to prove that he was
ot guilty"