The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-10-29

.,,,orv nroyision never was INTENDED
ond conld not be used as "a savior oi
pcremptorv challenges Win.
I'VE don't want Frampton OF WIN,
.o. an that iurv because they are not
~. n,;ndcd men. - cried Attorney JOS
SCOTT for the defense. IN resPonse ~. ~
this 1--WE want them OH. no nlal.e5
whether the challenge, is on inc eaouHu
that appears beneheial nhder o'"e'
cumstances or not. ~,
To',". tnlesmeu accepted bv both sides
,s IN cause. but still subject to per
emntory challenge. Two more now unucl
,b,Ilenpe for cause, and SIX III tne Don
waiting examination. was tne ShoWtue
at The end of the third court Week
The trial. however, started III the mo
die of the first week and was me-
rupted by a holiday. one pact ol ID
yeniremen has been used and another
of forty is nearly gone.
Jurors Accepted,
The Jurors accepted as 10 cause are
Seaborn Manning. farmer: Robert W.
Balm, carpenter; George w. McKee,
real estate dealer: +. D. Green, orange
grower. Talesmen Winter and Tramp
fon are under challenge. The others
ore 4. j. Wilson 4. l.. Preston, George
w. Johnson. Sam Mendcnhall Lorenzo
Romans and Frank Frakes,
Clarence s. Dawow- chief OF counsel
for the defense. absolutely refused to-
NIGHT TO discuss the plans of the de-
fense. but attorneys for the defense ad-
mitted that an appeal for change of
iudce is their legal recourse If they
feel II necessary or advisable.
II the appeal should be refused, II
L. nf ho record
subject, in the opinion OF the defense
for appeal to. a higher court IN tho
event of an unfavorabe verdict.
The appeal grounds as outlined by
Darrow TODAY independently or discus
sion concerning an appeal. are in part
AS follows:
What Record Shows.
Talesman Walter ~ Frampton stated
that he had the opinion that organized
labor was menace TO the welfare OF
the country; that he had. after serious
consideration. formed The opinion that
the defendant was guilty of murder;
that 1T was fixed opinion and that III
would require great deal of evidence
10 make him even doubt the guilt;
that his mind was fully made up be
vond a reasonable doubt that the de-
PENDANT was guilty and his last answer
was:
"Could you give the defendant a
fair trisla Do YOU think YOU could ~
MOT in the state of mind have
now. was the answer.
A. c. Winter stated that he had been
preiudiced against labor unions for
many wears; that he had fixed opin-
ION that the defendant was guilty; that
he was president of the retail butchers
association. and that when there was
strike of the employees of the Whole
sale Butchers he took the strikers
place; that lie was stoned and rotten
cpged by the strikers. that he was
nreiudiced against unions, and was at
the present time; that if he went INTO
the inry box he would he handicapped
by that prejudice and defendant would
have TO prove that he was not guilty
II believe it would be impossible to
find where anv other court had ever
held that such Jurors could give defen
dant fair trial says Darrow at the
end Of ihe statement.
The record of the trial shows that
'both men. under the adroit questioning
of opposing counsel, gave many con
Trajectory statements. some of which
they themselves could not reconcile.
This point was brought out by Judge
Bordwell. in ruling upon Frampton.
Opinion of Court,
''Thc court is of the opinion that
Mr. Frampton is not disqualified TO act
rs Juror said the Judge, with an
added sentence TO explain why.
"Even when he SAYS he believes the
defendant is guilty beyond a reason
able doubt and he could not give him
fair trialq'' asked Darrow.
''The court is of the opinion that
from the testimony Of Mr.. Frampton.
taken as whole, he Will give both
sides of this case a fair and impartial
trial and is qualified TO sit as a juror
in the case That will bc the ruling. of
course.
Another collision occurred when
Judge BordwclI undertook TO examine
Venireman 7. J. Lee. His first ques-
tion was repeated twice before Lee
caught it, and the Judge Immediately
asked him if he was hard Of hearing
''Jusf a little. said Lee. and the
court asked him how long he had been
afflicted that way.
TO these questions the defense OBJ.
iected vigorously. maintaining that Lee
had answered every question put to
him by counsel and was not ''afflict.
edo at all.
Attorney Jos. Scott insisted that il
should be shown in the record that tbs
Judge S voice was hoarsc.
every we'll said the court. "lct
il show
The incident ended when the court
declined TO allow the state s challenge
So n La, III 4