Montana news. [volume] (Lewistown, Mont.) 1904-191?, 1911-10-05
(By National Socialist Press. }

tby SOCldllSb
Were 1t not for the fact that Cla-
renee Darrow. Job Hartman and 9TH
er attorneys for the defense are anxi-
Gus for the Mcnamara case to begin a
move wound be made that might
cause a decay Of many months in the
proceedings.
After he had shown his palpable
prejudice in the case there was a
strong probability that the attorneys
would ask for a change Of judges.
There was no inclination TO take a
change Of venue as all parties are
willing that the case should be tried
here where it started.
Had the defense decided TO ask for
q change of judge they would
have filed affidavits calculated to
show prejudice and bias on the
part of the judge. The dis
trict attorney would have filed
aifidavits tending to show that the
Judge was fair and just. The entire
affair would. in that event rest with
the judge. but the defense would have
appealed had the judge decided he
was capable of handling the case.
This whole procedure was careful
ly considered when Judge Bordwell
gave his decision concerning the Har-
rington case. Harrington. who is as
sociated with the defense and in the
capacity OF attorney has been work.
ing on evidence. has been ordered by
Bordwell to go before the grand jury
and answer all questions propounded
to him or go to jaii for contempt.
Harrington will probably go before
the grand jury but II is doubtful IL he
bctrays any of the secrets OF the de-
fense or takes the remote chance Of
endangering his clients.
The scene in the court room at the
final hearing of the contempt case has
caused a great deal OF comment in Los
Angeles. After a heated discussion.
the judge ordered Joseph Scott and
Lecompte Davis to take their seats de-
claring he would hear no further ar
gument from the defense. All news
papers in Los Angeles printed stories
to the effec Athe defense would seek
a change of venue or a change OF
judges.
I'VE don't want to decay any long
err" said Darrow. I'VE want to get
into the fight without any postpone
ments. Those boys are up In the jail
and they want some action. No one
is more eager than to have this thing
started"
There has been some anxiety about
Clarence Darrow's health but he made
a statement today that he was feeling
fine. IT am sure I am going to stand
Il all right, although I admit that the
case will require lot OF physical
yigor. / am strong and when the
case is actually started, do not think
Il will be as hard on me as It is right
now 1t is the suspense. the nervous
strain that is teiling on me. I will be
eIad when the strain OF expectation is
over and we are plunged into the case
in earnest.
The Mcnamara boys are standing
II well but they too. are eager for the
trial to begin. Both are confident and
I am afraid they do not realize what
a struggle this Is going to be. II
there is any delay 1t will come from
the prosecution"
That the prosecution is determined
20 make the most OF the prejudice on
the part OF the public is shown by the
makeup OF the jurymen who are being
drawn. As an instance Of the sort of
jury they are preparing TO spring
on the defense. II is shown that Harry
Chandler. son-in-law OF @. II. Otis and
the general manager of the TIMEsi