Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-10-29
,JIDGE BORDWELL MAKES RUL-
INGIN M'NAMARA CASE THAT
is CRITICISED BY BARROW.
TILT WITH BORDWELL
Jurors Who Had Expressed SIurs
Against Unions Are Sent TO
Jury Box BY Jurist.

Los Angeles, Cal, Oct. 28.-'I be-
lieve it would be impossible to find
where any other court had held such
jurors could give fair trial"
> This was the statement of Clarence
barrow today after Judge Walter
Bordwell, presiding at the trial of J.
B. Mcnamara, had ruled that Walter
NJ. Frampton and A. v. Winter, both
having admitted prejudice against the
defendant, were qualified to sit as
jurors. The decision was the signal
for another clash between barrow
and the court and several times dur
ing the days short session Wrangling
occurred, and the court room threat
ened further outbreaks
! At the very close of the session
Dar1ow, by a clever technical move.
forced Judge BordWell once more to
consider the cases of the two jury
men, and as in the previous instance,
the court took the matter under ad-
visement and will, it is expected, hand
down his decision Monday morning.
T.. j. Lee, a talesman who was
passed last Friday night by the de-
Tense and who, It was discovered by
the prosecution, was Catholic and
a Knight of Columbus, an order in
which Attorney Scott, of the defense
stands high was disqualified by the
state during the morning proceed
ings. 1t was over his examination
that the first clash came.
barrow asked the court for rul-
ings on the Frampton and Winter
cases.
II am ready to rule now" said the
court. But l first want to ask Win
ters some questions"
After short examination, in which
it was developed that slurring re-
ferences to unions had been made in
an address delivered by Winters two
years ago, Bordwell announced that
he had decided that Winters was a
fair juror and could qualify.
II want Ito call the courts atten-
ton to the language of this juror"
said barrow.
"Mr. Darrow," Judge Bordwell re-
piled shortly II do not want to hear
you. The matter is closed"
After the jury box had been filled
the court asked that the defense pro-
coed. MIR. barrow called attention to
the fact that the state had not ex-
amined Frampton and Winters ex-
cept In resisting the challenge. Dis
trict Attorney Fredemcks hereupon
asked of the men a few Questions.
Both admitted that they might not
be willing to inflict tie death pen
atty on circumstantial evidence
They were passed by the defens
and the state and the defense in re-
buttal examined them further ON the
same lines. When each man said he
could not vote death on circumstan-
tial evidence alone the defense in
t rposed challenge on this ground
which under the California code ia
bar to service.
Inc state resisted on the grounds
that the challenge was out of order
and therefore forfeited and because
1t could not be shown that the de-
fens would be Injured by having such
men try Mcnamara.
In reply Attorney Scott, for the
defense. argued that Fredericks him
self early in the day had been al
lowed to make just such an exami-
nation and challenge ON the same
grounds in regard to Lee, when the
first challenge by the state had been
overruled by the court.
I'VE want these men excused" said
Scott in his final argument; "because
We do not believe they are fair
fit for jury service and we do not
want them nthe box"
The matter was taken under advise
ment.
4