The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-10-29
THEY DO NOT FAVOR HIS RUL.
'Ncs ON THE IMPORTANT CUES.
TON OF CHALLENGES.
REQUEST ONCE DENIED
DENIAL OF Challenges by Court Is One
OF the Grounds for Desire for a
! Change Of Venue-Prej JUDGED Tales.
'Tnen Cannot Give An Impartial Yer.
d'et-Judge Gets Angry.

Los Angeles. Oct. 2s.-Stronr possi.
bility of an appeal for change o,
Judge marked the close of the third
week oil the Mcnamara murder trial
Which ended today in general snarl
ohe such demand already has been
refused by Judge Bordwel, the refusa
oeihg backed by an affidavit from
Judge George II. Hutton. presiding
Judse OF the ~ departments of the SUI
Per'or court of Los Angeles county
ceftliSiag to the impartiality of Judge
Bordwcll.
a surther appeal, if made. would
he based to a great extent. 4, is
known. upon two rulings made today
%: Judge Bordwell. In which he de-
MED challenges offered by the de-
lense against two Jurors, A. c. Winter
and Walter N. Frampton. Both were
challenged for bias. Their examina-
ton covers scores of pages of the
record In the trial of James b. Me-
-Nalnara for the murder of Charles j.
haSgerty. one of the victims Of the
explosion which wrecked the Los An
Sa!es Times building year ago.
Both men are still under challenge
tonight. Each said he would not in
iiict the death penalty In case of
convection on clrcumstantial evidence.
ihe state resisted. Assistant District
Attorney q. Ray Horton declaring that
such challenge should have been Of
iered sooner or not at all; that IL the
men were against hanging It was so
much better for the defense, and that
the statutory provision never was in
tended, and could not be used as a
savior of peremptory challenges"
we don't want Frampton or Win
Ter on that jury because they are not
la'r-nihded men, cried Attorney
Joseph Scott. for the Defense In re-
sponse to this. I'VE want them off,
no matter whether the challenge is
ON the ground that appears beneficial
d under other circumstances or not"
The Showing.
-Four talesmen accepted by both sides
as to cause. but still SUBJECT to per-
emptory challenge, 2 more now under
challenge for cause, and six In the
box waiting examination, was the
showing mt the end of the third court
week. The trial. however, started in
the middle of the first week and was
Interrupted by a holiday. One batch
OF 125 veniremen has been used and
another OF 40 Is nearly gone.
The jurors accepted as to cause are
Seaborn Manning, farmer; Robert w.
Balm, carpenter; George w. Mckee,
real estate dealer; r. ID. Green, grange
grower. Talesmen Winter and Tramp
ton are under challenge. The others
are a. j. Wilson, 7. Il. Preston.
George w. Johnson, Sam Mendenhali,
Lorenzo Romans and Frank Frakes.
Clarence s. Darrow. chief Of coun-
sci for the defense, absolutely re-
fused tonight to discuss the plans of
the defense, hut attorneys for the de-
fense admitted that an appeal for
change of judge Is their legal recourse
IT they feel 1t necessary or advisable.
lf the appeal should be refused II
still would DE part of the record,
as subject, In the opinion of the de-
Tense. for appeal to higher court
In the event of an unfavorable verdict.
The appeal grounds as outlined by
Darrow today independently of dis
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