Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-30
Counsel in Mcnamara Case
Oppose Claims to Challenges.
DISPUTE OVER TALESMEN
Defense Wants Winter and Tramp
ton Excused.
RESISTED BY THE STATE
Objection Of the Men to Capital Pun.
ishment the Ground for OPP
position by Defense.

LOS ANGELES, Cal, October 30.-Re.
newal Of the contest between counsel over
the qualifications of TaIesmen A. C. Win
ter and w. N. Frampton was expected
today when court convened in the case
of James b. Mcnamara. indicted fol-
murder as result Of the Times building
explosion year ago.
Both Frampton and Winter, previously
challenged for cause by the defense on
account of their opposition to union labor
and belief in the guilt of the defendant
were again under challenge for their
views on capital punishment. The de-
Tense had determined, despite Judge
Bordwell's refusal to allow the challenge
originally lodged against them for cause,
to prevent the two men from qualifying
The defense. with two peremptory chal-
lenges at it's disposal. takes the stand
that it will be forced to use them against
should have been disqualified on their
examination for cause.
AS the trial is still in it's infancy, the
attorneys are unable to determine how
precious their peremptory challenges are
going to be. 1t is pointed out that
frequently after being examined for
cause by both sides and passed. some
previous experiences in life or opinions
as to make it seem advisable to ex-
cuSe him through q peremptOry chal-
lenge. and for this reason the defense
does not wish to use it's peremptory
challenges unnecessarily.
Objection to Death Penalty.
The contest against Frampton and
Winter centered today on their ex-
pressed opposition to INJECTING the death
penalty. 1t was the first time during
the trial that the defense had lodged
objection to talesmen holding such opin-
ion. The state heretofore in almost
every instance had obtained the dis
qualification of the ta.es who die
not believe in the death penalty.
The prosecution was prepared to resist
chal enges interposed by the defense
against Winter and Frampton on the
within the privilege of the prosecution
and they have been waived. The state
takes the stand that to disqualify tales
men on challenge by the defense on OPP
position to the death penalty is equiva.
lent to enabling the defense to get rid OF
all talesmen it does not desire on the
jury without using a peremptory chal-
lenge, and the members OF the district at
torney's staff point out in this connec-
ton that the defendant has twenty per-
Der allowed the state.
1t was ordered that after q ruling on
TaleSmen Frampton and Winter the
examination Of other talesmen would
go forward as heretofore. In the jury
box when court convened were Rober
F. Balm. George w. Mckee, Seaborn II.
Manning, F. D. Green, all four of whom
have been passed for cause; w. X.
Frampton, A. C.. Winter, both of whom
are under challenge by the defense;
A. j. Wilson, T. E. Preston, George w.
Johnson. Samuel Lendenham, Lorenzo
Lambert, Frank Frakes, ali six Of
whom are to be challenged.
Entertaining the Talesmen.
All talesmen appeared refreshed to-
day after their long automobile ride
yesterday. In two big machines. which
were kept as close together for the
sake of the law as safety permitted,
they had been taken for a trip in the
suburbs and southern California.
Efforts are being made to give the
talesmen, as well as the final twelve jur.
ors, as much air and exercise as possible
and a regular plan of entertainment 1:
being considered for the jury that trie!
the case.
The possibility Of brief session Of the
court perhaps tomorrow, and mayb,
primary elections will be held then. Jot
Hartman. one of the defendants aw
yers, is running for mayor on the social
list ticket and Attorney Joseph Scott
also for the Defense Is running for office
on the board of education. The impan
cling of a new grand jury this week also
is expected to occupy the district attor.
ney's office to some extent. The las
grand jury, the one that indicted the NC
Namaras, was recently discharged.