The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1911-10-31
DARROW AGAIN
ATTACKS COURT,
DRAWING ANGER
Admission of Jurors Who Think
Mcnamara Guilty Causes
Sharp Clash
BordwelI Is Playing to Public
Hints Defense Leader and
Retort Follows
By ARTHUR L. PRICE
[Special Dispatch 10 The Call

Especial Dispatch 10 The Call
os ANGELES, Oct. 3o.-Clarence
L. Darrow today delivered the Sc
Iquel to last Saturdays proceed
ings in the trial of j. B. McNa-
mara, which was more pointedly
directed at the presiding jurist, Judge
Walter Bordwen. than anything he said
before
The court today finally disallowed the
challenges lodged by the defense
against A c. Winter and Walter n.
Frampton. the jurors who do not be-
lieve in in1icting capital punishment
when the evidence against a defend
ant is circumstantial. but who also be-
lieved that the defendant was guilty
of the crime Of murder and of blowing
I'D the Los Angeles Times building.
Darrow declared. in an attack on the
ruling of Judge Bordwell. that it was
mot true to record of the case" strong
language for any attorney to use- He
Furthermore insinuated that the judge
was talking for the newspapers, a
sentiment which produced a quiet ex-
DEOSlOn Oh WTdln 1lOlti AA4C NO0Ae@
Strategy is the great talent being
exercised in the Mcnamara case by
both sides. Ordinarily the prosecution
viii challenge venireman who is op-
posed to inhicting the death penalty
on circumstantial evidence, but the dis
trict attorney has fought for Winter
and Frampton and he fought today for
another, George W. Johnson. whom the
defense tried to impeach. The prose-
cution realizes that the defense will
not stand for these men, and by get
ting them in the box the state has
drawn the valuable fire Of three
peremptory challenges.
Progress Is Made
BY token of the judges ruling this
was a day of progress. Winter and
Frampton early Joined the four men
already passed for cause, subject to
peremptory challenge. Samuel Men
denha1I, a farmer of East Whittier,
was passed by both sides, and George
W Johnson is in the box under chal-
lenge and the defense has already
made the effort to impeach him Frank
Frakes, a good natured farmer of
Roosevelt. with a predilection for the
gas theory, was under examination
when adjournment was taken.
The ruling OF the court that caused
the outbreak from Darrow came early
in the morning session.
Judge Bordwell, in beginning his
ruling. said that the bias of juror
who, because of conscientious opinion,
was unwilling to find verdict or
guilty in a capital case was implied
bias" and, under a supreme court de-
cision, It is the duty of the prosecu-
ton to examine juror on the ques-
tion of implied bias first and a failure
to do so is a waiver of the right to
challenge for that cause.
The court pointed out where the de-
fense might have saved from challenge
Juror Lee. had it called to the courts
attention the fact that the prosecu-
ton challenged Lee for implied bias
at the wrong time. Continuing. the
judge said:
Sincerity Doubted
THE challenge to the jurors. Tramp
ton and Winter, by the defense is not
because of any desire to have them re-
moved from the box on account of
the grounds on which the challenge is
based. 1t is an attempt to dispose of
them for other than the grounds of
challenge. The ostensible grounds of
the defense's challenge is the supposed
opposition of the two jurors to the
rendition of a verdict, based entirely
upon circumstantial evidence, in cases
where the death penalty may be i'm
posed under the law.
I'm reality. the challenge has its con-
eeption in a desire to remove these Eaen
from the jury box for reasons forming
the basis of a challenge to these men
by the defense. which was disallowed.
These men were formally challenged
for actual bias. These opinions on
which these challenges we're based were
Continued on page 4. Column 4