Montana news. [volume] (Lewistown, Mont.) 1904-191?, 1911-10-26
DarroW Clashes
With Judge
The Ruling Of Judge Bordwell
Arouses the Ire of Attor-
ney Clarence Darrow

~
Los Angeles. Oct 2S.-The point
was passed and late in the day Water
N. Frampton. a farmer, was challeng-
ed because he believed both James b.
Mcnamara and his brother, John J.
were guilty of murder in connection
with the Times disaster
The court deferred ruling on
Frampton, who on examination by
the state. made apparently contra
dictory statements and Darrow stop
ped the trial on its tracks.
Contention of Defense.
Il is the contention of counsel for
the defense that they did not know
how to save their peremptory chal-
lenges. nor when TO take chances on
accepting talesmen as to cause unless
they know the exact status OF every
man in the box
II am going to ask to have the
challenge passed on now. ] want a
ruling OF the court said Darrow,
when the court had announced that
he would examine the record in the
Frampton case.
Now. Mr.. Darrow." said Judge
Bordwell there is no occasion for
remark like that l am going to take
time to examine this record"
Going To Make Record.
II am going TO make my record,
said Darrow. "and ask the court to
pass on II now and refuse to go on
unless IL is passed-unless we know
who is in the box-both as to Tramp
ton and Winter. neither OF whom, in
my opinion. should bc here a min
ute. I object to their mixing with the
other jurors"
MIR. Darrow, these challenges will
not be passed on until tomorrow
morning" reiterated the court.
Refuses to Proceed.
Thew We REM. r.-ITAOOOo
Then we refuse to go on. IL Is
fair to us 10 know what kind of jurors
be- taken when We make our eXamina-
ton. go we may know what kind of
men We have got to challenge per-
emptorily and what kind of men will
what we believe is sufficient showing
of cause We propose to have our
rights In that, if those are our rights.
At this point District Attorney John
ID. Fredericks suggested that court,
prisoner and counsel being present In
court. he did not see how counsel
could well refuse TO go on.
Darrows's Demand
1--WE have a right. your honor. to
know who is in tht jury box when
we examine" said Darrow. I'VE have
the right to have 1t filled and know
who are jurors and who are possible
jurors. We must have our motions
passed on as they come up. | am
going to ask to have the jury box
flied and have every motion passed
on. every challenge passed on. as we
go along"
The Court. Now. MIR. Darrow. !
am not going to pass upon this matter
until tomorrow morning. That is
settled"
Ready to Object.
Mr.. Darrow. Then we are going
10 object to the examination of any
passed on, both as to this juror and
the other. Mr.. Winter"
The court; do you desire to have
this box filled?"
Mr.. Darrow: Yes. SIR"
The Court: AT the present timer"
Mr.. Darrow: Yes, SIR"
The Court: Very well, nill the
box"
I'VE understood you would pass on
Mr. Winter at 900 o'clock" said At
torney Scott for the defense.
81 expected to-" said the court.
Box FilIed.
The box was filled and the judge
asked the new talcsmen whether they
were opposed to the death penalty
and then turned back to DarTow.
do counsel for defendant wish TO
examine them?" he asked
I'VE refuse TO go on until We know