The Birmingham age-herald., 1911-10-29
DarrOw and Judge BOrd- well Clash Repeatedly
 Over Rulings
THIRD WEEK ENDS
 IN GENERAL SNARL
Judge Bordwell Overruled One Such Petition and Will Probably Over rule Second-Will Decide on
 Talesmen Tomorrow

Los Angeles, october 2S,-strong pos sibility of an appeal for a change of judge marked the close today of the third week of the McNamara murder trial, which ended in q general snarl.
 One such demand already has been refused by Judge Bordwell, tho refusal being backed by an affidavit from Judge Hutton. presiding judge of the 12 departments of the superior court of Los Angeles county, certifying the im- partiality of Judge Bordweil.
 A further appeal If made would be hased to a great extent, it is known. upon two rulings made today by Judge Bordwen, in which he denied chai- lcnges by the defense against A. c. Winter and Walter N. Frampton, as jurors, challenged for bias.
 Their examination covers scores of pages in the record in the trial of James B. McNamara for the alleged murder of Charles J. Haggerty, one CT the victims of the explosion, which wrecked the Los Angeles Times build ing d year ago.
 Both mon are still under challenge tonight. it having occurred to Attorney Iecompte Davis for the defense after Ire adverse ruling of the court that neither had been interrogated as 10 whether he would vote for conviction in capital case on circumstantial evi- dence alone. He each said he would not and this is the ground for chal- lenge under the law.
 The state resisted saying such chal- lenge should have been offered soon CT 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 was never intend cd and could Eat be~used "as savior 1 of peremptory challenges.~ l We don't want Frampton or Win Iter on that jury because they are not flair minded men," cried Attorney Scott for the defense in response to this.
 Four Talesmen Accepted
 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 ex- | a,g. s1atior was the showing at the end i of 3.e third court week. One panel or | 12s eenirenen has been exhausted and an- other Of io Is nearly gone.
 ] The jurors accepted as to cause are Sea- | born Manning, farmer; Robert F.. Bain, | carpenter George W. Mckee, real estate dealer: r. D. Green, orange grower. l Clarence S Darrow chief counsel for the defense, outlined the appeal grounds as follows:
 f'"ralesman Walter N. Frampton stated l that he had the opinion that organized labor was a menace to the welfare or the country that he had after serious consideration formed the opinion that the defendant was guilt of murder; that 1t was a fixed opinion and that il would require n great deal of evidence to make him even doubt the guilt; that his mind was fully ma ae up beyond a reasonable doubt that the defendant was guilty. "A C. Winter stated that he had been rreiudiced against labor unions for many years; that he had a fixed opinion that the defendant was guilty; that he was president of the Retail Butchers assc-eia- ton. and that when there was q stllSe of the wholesale butchers he took the strikers places that he was prejudiced against unions; that if he wont into the jury box he would be handicapped by that prejudice and that the defendant would have to prove that he was not guilty"
 q believe it would be impossible to
 
 Vtn I