Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-10-28
BATTLE ROYAL
Of LEGAL LIGHTS
Mcnamara Trial Gives OPP.
portunity For All Sorts
of Quibbling
CONTEST OVER TWO JURORS
Bordwell Rules in Favor of the
State When New Aspect
Develops

(By Special Leased Wire to New Mexican)
Los Angeles, Calf, Oct 2S.-A bat
tie royal between opposing counsel in
the Mcnamara murder trial was in full
progress when court adjourned until
Monday, with the only definite point
scored admittedly in favor of the
state.
When soon after court opened, Judge
Bordwell disallowed challenges direct
ed against .Talesmen A. C. Winter
and Walter N. Frampton, the defense
took the position that two peremptory
challenges would have to be used on
these men because Frampton had said
be believed the McNamaras guilty
and could not give them fair trial,
and Winter had expressed himself
somewhat more mildly
Attorney Darrow announced that he
would make statement concerning
the ruling after the adjournment of
court. 1t was discovered, however,
that neither Frampton nor Winter had
been asked what they thought about
circumstantial evidence, and Attorney
LeCompte Davis, after eliciting state
ments from each that he would not
convict in a capital case on such evi-
dence challenged them on this
ground.
The challenge was opposed by AS
sistant Attorney G. Ray Horton, on the
ground that the time for such chal-
lenge had passed to which the defense
rejoined that the case was paralleled
by the states challenge against Tales
man Lee. The judge had not ruled
when the court adjourned until Mon
day.
4. BordweII Rules in Favor of State.
Los Angeles, Calf, Oct. 2S-Judge
Walter l.. Bordwell today decided a
four-day controversy over Talesman
A. c. Winter in the Mcnamara murder
trial by refusing to excuse Winter
from jury service.
The defense challenged him after
he said that he had fixed opinion s
to the guilt or innocence of the defend
ant, but told attorneys for the state
that he could give fair trial.
/ Further examined by the defense,
be said it would take evidence to RI.
move his opinion.
The judge also retained Talesnan
Walter N. Frampton, who was chal
lenged late yesterday by the defense
because he said ne believed that la
Dor union blew up the Times building
and that John J. and James B. McNa.
mara were guilty of the deed.
"Ihave examined the record very
closely" said the court, in announcing
his ruling, both as to Mr.. Winter
and Mr.. Frampton, and have given
special attention to the testimony that
Mr.. Winter gave here day before yes
to demonstrate to the court that Win
ter few questions with reference to
that matter again"
Winter Had Talked.
did you make speech two years
ago at the Merchants Exchange about
the time of strike here, on the labor
question:
Il may have talked on the subject,
but made no Speech" answered Win.
! ter.
| I'm on the executive board of the
Merchants Exchange and there were
about fifteen members there. but ]
don't remember any speech
DarroW Excepts,
"The ruling on Winter Crolght A.
torney Clarence S. Darrow to his feet
with request for five minutes time
to demonstrater to the court that Win
ter was unfair. 1t was refused and
Darrow noted an exception.
The court then ruled on Frampton
on the ground that his opinion was
formed from sources excepted in the
statutes.
4 Darrow also excepted to this.
Taleshhn T. J. Lee was excused al
today's' session after he had said h<
would not convict in a catpital cast
! on circumstantial evidence. Previous
challenge by the state for bias wa.
disallowed by the court.