Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1911-10-28


found we were getting close 10 tn
end of our peremptory challenges w
might desire to qualify such maj
rather than eliminate and stake on
chances with raw material. Judge
Bordwell, in Withholding his deci
sion, seriously hampers us.
The present condition is the direct
result OF developments late yesterday
afternoon when Darrow demanded
that the court rule forthwith his opin-
ion on his pending challenges. Bord-
we'll refused and then Darrow, for
purposes Of record, defiantly refused
to proceed until compelled by Bord-
we'll. For an hour the air was filled
with friction. Attorney Davis hav-
firmly protested against Bordwell
asking Indirect questions Of Tramp
ton which he insisted were "adroitly
framed TO qualify plainly incom-
petent juror.
When Frampton finally said he
considered Mcnamara guilty beyond
reasonable doubt, Davis. after con-
sulting Attorneys Darrow and Scott,
said: Ought the court or even the
District Attorney hesitate long be-
fore they try to force upon this de-
fendant a man who admits be be-
lieyes the defendant guilty in one
breath and in the next says he will
give fair trial? This Is not q bat
tie between counsel for the defense
and the State; but behind lies con-
stitutional question whether the court
shall safeguard a mans guaranteed
constitutional rights or totally dis
regard them"
BordWell apparently felt strongly
the imputation of unfairness but said
he would reserve decision. Darrow
Immediately asserted that the time
had been reached when challenges
must be passed on as soon as made.
He greatly angered Judge Bordwell
by insistently saying: 1--WE have a
right to know what we are to expect
at the hands Of this court in the fu-
ture and right to know at all times
who is and who is not juror, or a
possible juror. Also we have a right
to protest against men positively Of
the opinion that Mcnamara IS gull
ty associating with men who are fin
ally to be arbiters. For purposes of
record we refuse to go. on until this
decision is made or until the jury
box is filled and Kept filed"
Judge Bordwell overruled Darrow s
protest and directed him to proceed
with the case, promising to rule on
the matter today. Darrow then placed
into the record his protest and con-
tinued the examination under protest.
BY doing so, he considered that he
gained a great technical advantage
should Mcnamara be convicted, and
also paved the way for an appeal and
renewal of the already rejected de-
mand for a change of judge.
Indianapolis, Ind, Oct. 2S-The
United States government. through
its district attorney. Charles N. Mil
Ter, today filed petition for the re-
moval Of all OF the evidence except
dangerous explosives, in the dyna-
mite cases against John J. and Jas.
B, Mcnamara, to the jurisdiction Of
the United States authorities.
The petition, which was filed in
the criminal court. sets forth that
the federal grand jury will convene
next Tuesday to investigate the vari-
Gus dynamite cases, and information
contained in the books and documents
Of the international Association of
Bridge and Structural Iron Workers
is necessary to the .jury's investiga-
ton. 1t is asserted in the petition
by District Attorney Miller that GER
tain facts have been presented to him
which tend to show strongly that John
J. Mcnamara, James r. Mcnamara
Ortie McAlanigal and others have
violated the criminal laws OF the
United States by unlawfully transport
ing explosives from Indianapolis to
Illinois, Missouri, Pennsylvania, Cal
ifornia and other states on passenger
trains engaged in interstate COM
merce.
Women injured in Runaway.
Fredericksburg. Va. Octl 2s.-Mrs.