Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-11-22
He Fails However. to Con-
vince Court That Stand
Taken on Circumstantiai
Evidence is Wrong.
JUDGE DECLINES TO
CHANGE HIS RULING
II Can't Be Law and II Cant
Be Justice, Declares Darrow
in Appealing for Reversal
Oh Points at Issue.

'--f @'"Rf"8 rs"f"t. ~ y tr3"@I" sHtF*H
Los Angeles. cal, Nov sA--At
torney Clarence \ barrow. chlef of
counsel FOR the defense IN the Me-
Namara murder trial. engineered to
day q carefully planned aitemp, 10
Knt new and more favorable ruling
ON the elimination from the Jury of
men who do not believe IA conviction
IN capital punishment cassr On CIR
cumstantiaI evidence.
The legal battle was considered ur-
usual In that fhe0reticaiis such
juror II favorable % the defendant
Derrow's attack. divided into two
parts. WAS without avail. The court
reiterated lts rulinn that the chni-
lenKe on this ground wss f0r 1hs
state alone. and Il refused 20 compel
the state to intetrosate The wignrh
on the subject before the defense bC-
gan its examination.
III cant be- Law aud q can't ~
Justice that the state can use thH
challenge when II wishes and not use
Il when u does net Wish" aFgted
Darrow. II " effect giver the s'ets
the advantage In the number OF ~
challensss The state cannot piAf
with mans ilfe In that Way =
''rhe court win not cxcuse the
Juror AT the snEsension of the de-
fense. said Judge Borduefi. Tue
court does not feel that tho rights
OF the defendent have been cndann-
erred by. the course followed herctd-
fore"
The defense IN the McNsmara mur-
der trial today lost three legal pols,ts
out OF 20 ssioie three IN sapla eu'-
cesaicn. ;F~p chsileaeas Tor 'cauar
preferred heeauss of opinions sx-
pressed by tsicsmon werc di.NIfowe1.
and q third challenge directed asaisiti
Talesman =. A. Bfode. becanse a
member Of his personai attorneyr
firm IN doing work for the state lp
that case. alHo VAS dlsailowcd.
Whether II u the business OF the
court to see that mrn opposed lO
conviction ON cireumstantiai evidener
In ousta involving the death penaliy
n care the state omltH 10 chRl,rn4s
on tins ground waF left for decltire
until after nFodes examination.
Judge Waiter iiordwcii's ruling On
the challenges brought up 20 niNa
,he number of sworn iorors and talsfs-
men accepted a. 20 cause
Interest In the challenges centerea
around =. =. Oicott. talesman who
said he believed James u. McNamst.t
the defendant. and his brother. Joisp
j.. we're Rulliy OF bOwins up the Lbe.
Angeles Times building and CAUSING
the death of Charles J. Haggcriy
among others for which JAMES ~
McNamara is ON trial TO DIstrst
Attorney John y. Fredericks ths
talcsman frankly said he aid NOT
know whether he could eliminate this
Impression of guilt from his mind
and give a verdict based alone 0n ihs
evidence tif
iudse aordwell the final author
~. decided that ne could. The other
chalicnso against A. J. stevens aiso
wnE of particular interest becsuee lp
disallowlng Il judge i,ordwell upset
IA effect that contention of the de-
fensr that reading the Times ls Ia a
ease IN which IN. Times Il intfrcst-
ed. first hand Information az 20 lfe'
ai,itudr on union labor and not
newspaper report IN the meaning ef'
the penal code. II this point had
bsen conceded 4 would hasr foiiowed
that ans salcsman who from readine
the Times acquired a belief that 4
feud existed hrtwcen that paper and
rrEsnixed labor a. "A result OF whi@Hs
the Times building aaa blown up
would b, debarred from the fury.