The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-28
DARR0W BLOCKS
M'NAMARA TRIAL
Refused to Proceed Until
Court Passed Upon Mer-
it's of Challenges

Los Angeles, Oct. 2s.-1n the Me-
Namara trial Judge Walter K. Bord-
we'll today refused to excuse Venire-
men A. o. Winter from jury service.
The defense challenged Winter after
he had said he had fixed opinion as
to the guilt or innocence of the de-
fendant.
The Judge also retained Venireman
Walter N. Frampton who was chal-
lenged late yesterday by the defense
because he said he believed the labor
unions destroyed the Times building
and that John and James B. McNa-
mara were guilty Of the deed. T. ].
Lee was excused at today's session
after he had said he would not convict
in capital case on circumstantial
evidence.
When the trial opened today
It was apparent that the dissatisfac-
ton among counsel for the defense
overshadowed other interests among
the spectators. The rulings from
Judge Walter Bordwell on Talismen
A. c. Winter and Walter NJ. F'rampton.
challenged 81 lei BY the defense. We're eager
~ awaited by the defendants counsel.
Judge Bordwell refuses to rule i'm
mediately after the challenges were
made in the case of Frampton and
Attorney Darrow for the defense tenn
porarily refused to go on with the
case until District Attorney John D..
Fredericks demanded that the court
proceed in the selection of the Jurors.
Then Darrow under the direction of
The examination of Venireman T. j.
Lee was the first on the program to-
day. He said he was doubtful what
caused the explosion in the Times
building.
For the purpose of record Attorney
Darrow refused to proceed until or
dered to do so by the court. This
was the third day that A. c. Winter.
a challenged venireman, sat in the
rule on Winters case today If the de-
tense desired. The point was passed
and late in the day, Walter L. Tramp
ton. farmer, was challenged be-
cause he said he believed both James
r. Mcnamara and his brother John
j., were guilty of murder in connec-
ton with the Times disaster. The
court deferred ruling on Frampton.
who on examination by the state.
made several apparently contradictory
statements, and Darrow stopped the
trial. 1t is the contention of counsel
for the defense that they do not know
how to save their peremptory chal-
lenges. nor when to take chances on
accepting the talesmen as to cause
unless tney Know the exact status or
every man in the box.
Il am going to ask to have the chal-
lenge passed on now. I want the rul-
ing Of the court" said Mr.. Darrow,
when the court had announced that
he would examine the record in the
Frampton case.
Now, Mr.. Darrow." said Judge
Bordwell. there is no occasion for a
remark like that. I am going to take
time to examine this record"
Il am going to make my record"
to pass on 1t now, and refuse to go
on unless it is passed on and we know
who is in the box-both as to Tramp
ton and Winter, neither Of whom in
my opinion, should be here minute
object to their sitting with the other
Jurors"
MIR. Darrow. these challenges will
not be passed on until tomorrow morn
Ing" reiterated the court.
Then we refuse to so on. 1t is
fair to us to know what kind of jurors
we take when we make our examina-
ton so We may know what kind Of
men we have to challenge peremptor-
ly and what knd Of men vii be strick-
en- off by the court. upon what We
believe is sufficient showing of cause.
We propose to have our rights in that.
IL these are our rights"
At this point District Attorney
Fredericks suggested that court. pris-
oner and counsel being present, he
did not see how counsel could we'll
refuse to so on.
I'VE have right, your honor, to
know who is in the jury box when We
examine" said Darrow. 1--WE have the
right to have it filled and to know
who are jurors and who are possible
jurors. w must have our motion
passed on as they count up. am
and have every motion passed on.
every challenge is determined by the
court"