The Birmingham age-herald., 1911-10-28
Darr0w Refuses to Proceed With Trial Until Or
 dered to Do So
COURT DIFFERS THE
 RULING ON FRAMPTON
Is Stated That Ortie McManigal Will Be Summoned to Appear Be- fore Indianapolis Court to
 Answer Questions

Los Angeles, Cal, October 27.-The defense in the McNamara murder case collided head on with a court ruling today. The trial proceeded, however. The point at issue was made ground for exception and may come up again.
 Attorney Darrow, chief of counsel for James B. McNamara, on trial for the murder of Charles J. Haggerty, ma chinist, killed in the Los Angeles Times explosion, brought on the clash for the avowed purpose of obtaining a ruling on the time which the court will take to decide whether a challenge directed against a talesmen shall be allowed.
 For the purpose of record Darrow refused to proceed until 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 had said he would rule on Winters case today if the defense desired. The point was passed and late in the session Walter L. Frampton, farmer, was challenged DtCduSe nt Sdlu llt DtlltNtd bCtAi B. McNamara and his brother, John J. McNamara, were guilty of murder.
 Ruling Postponed
 Court deferred ruling on Frampton, who, on examination by the state, made several apparently contradictory statements. and MT. Darrow stopped the trial. It was the contention of coun- sel for defense that they do not know how to save up their pre-emptory challenges nor when to take chances on accepting talesmen as to cause un- less they know the exact status oi every maA in the box that created the head on collision.
 "I am going to ask to have the chal- lenges passed from now on; l want the ruling of the court,' said MT. Darrow when the court had announced that he would examine the record in the Frampton case.
 Now, MT. Darrow," said Judge Bord- well, there is no occasion for re- mark like that. l am going to take time to examine this record
 q am going to make my record said Mir Darrow, and ask the court 10 pass on it now or refuse to go on un- less it is passed on and we know who is in the box, both as to Frampton and Winter, neither of whom, in my opln- ion, should be here a minute; l object to their acting with the other jurors
 MT Darrow, these challenges will not be passed on until tomorrow morning, reiterated the court.
 "Then we refuse to go on," said the attorney, fit is fair for our side to know what kind of jurors we accept when we make our examination so we may know also what kind of men will be stricken off by the court upon what we believe Is sui ficient showing of cause. I am going to ask to have the jury box filled and have every motion passed on, every challenge passed on, as we go along.
 The court said:
 Now, MT. Darrow, I'm not going to pass upon this matter until tomorrow morning That is settled"
 'Then we are going to object to the examination of any further jurors until the matter is passed on, both as to this ,uror and the other-Mr. Winter.
 The court: DO you desire to have the box filled?"
 MT Darrow: "Yes, sir
 The court: At the present timer
 MT. Darrow: Yes"
 The court: Very well, fill the jury box
 The box was filled and the judge asked the new talesmen whether they were op- posed to the death penalty and then turned to MT. Darrow.
 DO counsel for the defense wish to examine them?" he asked.
 we refuse to go on until we know what jurors are in the box-until our challenges are disposed of said Mir. Darrow.
 "We asked the court to examine the jury, then. select jury himself" cut in ristrct Attorney Fredericks
 we will examine them if the court says we must go on' said MT, Darrow, and the court replied.
 That Is the ruling, MT. Darrow. You must proceed
 Darrow entered an objection, which was overruled, and an exception. and took up husband in the yard. In Gods name which was under consideration when court adjourned
 New Veniremen
 Nine new veniremen were secured today out of the second venire summoned in the McNamara murder trial today Others were excused at a preliminary hearing and ten were not served with summons because they were out of the county.
 Veniremen summoned in the new panel of 40 to try the case of James B. Me Namara. indicted for murder as a result of the Times building explosion, came to Judge Walter Bordwell an hour before the opening of court today to present eX- cuses for relief from possible jury duty.
 In the box at present are A. C. Win ter, under challenge by the defense for cause, the disposal of whose case was ex- pected to be the first action of court to- day, and the four talesmen who have been passed by both sides for cause.
 The principles upon each side inter- preting section 1016 of the penal code covering provisions on the qualifications of jurors are at present fairly we'll de- fined, and it is believed that future ex- aminations therefor will go forward much more smoothly and rapidly.
 The questions which each side consd- CTS vital have resolved themselves into the following:
 Whether a taesman believes in capital punishment; whether he has any opinion 
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