Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-28
Defence Making Desperate
Effort in Clients Behalf.
Counsel barrow Causes Clash,
Friday, TO Secure Ruling.
Point Made Ground for Exception.
May Come Up Again.

| Los Angeles, Cal, Oct. 27.-The de-
fence in the Mcnamara murder case
| eollided head-on with court ruling
| today. The trial proceeded.
| The point at issue was made ground
for exception and may come up again.
| Attorney Clarence 5. Darrow, chief
| of counsel for James Is. Mcnamara,
who is on trial for the murder of
Charles J. Haggarty. machinist,
killed in the Los Angeles Times ex-
plosion year ago, caused the clash
TOR the avowed purpose of obtaining
a ruling on the time which the court
will take to decide whether chal-
Ienge directed against a talesman
shall be allowed. For the purpose of
record Darrow refused to proceed UNI
til ordered to do SO by the court.
This was the third day. that a. c.
Winter, a challenged talesman, sat
In the box and the court said he would
rule on Winters case, today, il the
defence desired. The point was passed
and late in the day Walter l.. Tramp
ton, farmer, was challenged because
he believed both James b. Mcnamara.
and his brother, John j., were guilty
of murder in the Times disaster.
The court deferred ruling on Tramp
ton who, on examination by the state.
made several apparently contradictory
statements and DaIrow stopped the
trial. 1t is the contention of counsel
for the defence that they do not know
how 10 save up their peremptory
challenges, nor. when to take chances
on accepting talesmen as to cause un-
less they know the exact status Of
every man in the box. -
Il am going to ask to have the chal-
lenge passed on now. | want the ruiz
ing of the court" said Mr. DarroW,
when the court had announced that he
| would examine the record in the
| Frampton case.
mo. Mr.. Darrow," said Judge Bord-
| well. there is no occasion for a re-
| mark like that. | am going TO take
time 20 examine this record"
Il am going to make my record,
said Mir. Darrow, and ask the>court
| to pass on it now, and refuse TO go on
| unless ii is passed on and We know
who is in the box-both as to Tramp
| ton and Winter. neither of who, in
my opinion. should be here Il minute. |
object to their acting with the other
| Jurors.
MIR. Darrow, these challenges will
ont be passed on until tomorrow morn
| ing reiterated the court.
Then we refuse to go on. 1t is fair
| to us to know what kind of jurors we
take when we make our examination
so we may know what kind of men We
have got to challenge peremptorily
and what kind of men will be stricken
nj Inv IN what hpllpNp
is sufficient showing of cause. / am GO
ing OF ask to have the jury box filled
ard have every question passed upon,
| every challenge passed on, as We go
along
The court: "Now, Mr.. Darrow. | am
not going to pass upon this matter UNI
| til tomorrow morning. That is settled
Mr. barrow: Then we are going to
object to the examination of any fur
Their jurors until the matter is pass
| ed on, both as to this juror and the
| other-Mr. Winter"
The court: DO you desire to have
| the box filed"
| Mr. barrow: Eyes. sir"
The court: AT the present time?"
| MIR. barrow: Yes"
The court. Very we'll. fill the jury
box"
| The box was filled and the judge
asked the new talesman whether they
were opposed to the death penalty and
then turned to Mr.. barrow.
do you counsel for the defence
wish to examine them" he asked.
I'VE refuse to go ON until we know
what jurors are in the box-until our
challenges are disposed of" said Mr..
barrow.
| I'VE ask the court to examine the
jury. then select jury himself, cut
| in Fredericks.
I'VE will examine them if the court
says we must go on said Darrow, and
the court replied;
That is the ruling. Mr.. Darrow,
| you must proceed
| Darrow entered ar objection, which
was over-ruled. and an exception, and
took up the talesman r. j. Lee, which
was under consideration when court