Arizona republican., 1911-10-29
It is Impossible to Tell Whether There Has Been Any Real Progress in the McNamara Dynamiting Proceeding.
COURT LISTENS TO
 MUCH ARGUMENT
Tentative Acceptance of Two Jurors is Made the Basis for Long Minded Arguments by Attorneys on Both Sides.

LOS ANGELES, Oct. 2S-A strong possibility of an appeal for a change of judge, marked the close of the third week of the McNamara trial. which came today in a general snarl. One demand had already been refused by Judge Bordwell, whose refusal was backed by an affidavit by Judge George H. Hutton. the presiding judge of the superior court, which certified the i'm partiality of Judge Bordwell. Further appeal, if made. will be based to a great extent upon two rulings made today by Judge Bordwell. in which he denied challenges of the defense against veniremen. A. C. Winter and Walter Frampton. Both were chal- lenged for bias. Their examination covers scores of pages of the record. Both are still under challenge tonight for, after the adverse ruling by the court. it occurred to Attorney Le Compte Davis. for the defense. that neither had been interrogated whether they would convict on circumstantial evidence alone Each declared he would not. And as this is a ground for chal- lenge. under the law, both were chal- lenged. The state resisted, Assistant District Attorney Horton declaring the challenge out of order because it had been offered before and that on the ground of bias. Horton declared. if the men were opposed to hanging it is so much better for the defense, and that the statutory provision is not intended and could not be used as a 'saver of peremptory challenges"
 We do not want Frampton or Win ter on the jury because they are not fair minded men," cried Attorney Scott for the defense. We want them off, no matter whether the challenge is based oh ground that appears benefi- cial to the defense or not"
 Four talesmen were accepted by both sides as to cause. but are still subject to peremptory challenge: two more are now under challenge for cause. and six are in the box awaiting eXamin- ation This is the showing at the end of the third week. One panel of 125 has been used up and another of 40 is nearly gone. Clarence DarrOw. in q statement. outlined what will be the view taken by the defense concerning talesmen Winter and Frampton. in case an appeal for a change of judges should be made He absolutely refuses to discuss the possibility of such an appeal, but attorneys for the defense admitted a motion to change judges most likely will be a legal recourse If it is believed necessary and advisable. If such motion be refused, it will be part of the record and as such basis for appeal to a higher court in the event of an unfavorable verdict by the jury. Attorney Darrow, in outlining the objection of the defense to tales men Frampton and Winter said: ''Talesmen Frampton stated he had an opinion that organized labor is men ace to the welfare of the country: that he had, after serious consideration formed an opinion that the defense is guilty of murder: that it is fixed opinion that it would require a great deal of evidence to make him even doubt his guilt; that his mind is fully made LID that beyond a reasonable doubt the defendant is guilty: and his last answer was: 'Question-Could you give the defendant a fair trial?"
 "Answer-Not in the state of mind I have now.'
 Winter stated he had been preju- diced against the unions many years and had fixed opinion that the de- fendant is guilty: that he is president of retail butchers association. and that when there was a strike he took a strikers place: that he was stoned and rotten egged by strikers: that he is prejudiced against unions at the present time: and that if he went into the jury box he would be handicapped by that prejudice and that the defen- dant would have to prove he is not guilty"
 'I believe" said Darrow. "it would be impossible to find where any other court ever held such jurors. could give the defendant a fair trial"