Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-29
BASED ON TWO RULINGS
Court Denied Challenge by Defense
Against Talesmen.
FOUR ARE NOW IN JURY BOX
Third Week Of Trial at Los Angeles
Ends in q General
Snarl.

LOS ANGELES Cal, October 2S.-
Strong possibility of an appeal for a
change Of Judge marked the close today
of the third week Of the Mcnamara muir
der trial, which ended In a general snarl.
One such demand already has been re-
fused by Judge Walter Bordwell. the re-
fusal being backed by an affidavit from
Judge George II. Hutton, presiding judge
of the twelve departments of the superior
court of Los Angeles county, certifying
the impartiality of Judge Bordwell.
further. appeal. II made, would be
based to a great extent. 1t is known. on
two rulings made today by Judge Bord-
well. in which he denied challenges by
the defense against A. C. Winter and
Walter N. Frampton as jurors. Both were
tallenged for bias.
heir examination covers scores OF
,es OF the record in the trial of James
Mcnamara for the alleged murder
Charles j. Haggerty, one Of the vic
ms of the explosion which wrecked the
Los Angeles Times building year ago.
Still Under Challenge.
Both men are still under challenge to-
night. It having occurred to Attorney
Lecompte Davis for the defense, after
the adverse ruling Of the court, that
neither had been interrogated as to
whether he would vote for conviction In
capital case on circumstantial evidence
alone. Each said he would not. and this
is ground for challenge under the law.
The state resisted. Assistant District
Attorney Ray q. Horton declaring that
such challenges should have been offered
sooner or not at all: that if the men
were against hanging it Is so much the
better for the defense, and that the statu-
tory provision never was intended and
could not be used as "a savior OF per-
emptory challenges"
I'VE don't want Frampton or Winter
on that jury because they are not fair
minded men, cried Attorney Joseph
Scott Tor the defense, in response to this
the challenge is on the ground that ap.
pears beneficial under other oircum
stances or not"
Four Talesmen Accepted.
Four talesmen accepted by both side.
as to cause, but still subject to peremp.
tory challenge. two more now under chal.
lenge for cause and six In the box await
ing examination was the showing at the
end OF the third court week. One panel
Of 125 veniremen has been exhausted and
another of forty Is nearly gone.
The jurors accepted as to cause are
Seaborn Manning. farmer: Robert X
Balm, carpenter; George w. Mckee. real
estate dealer; F. d. Green, orange
grower
Clarence S. Darrow, chief counsel for
the defense. refused tonight to discuss
his plans. but other attorneys for the de-
Tense admitted that appeals for change OF
judge is their legal recourse. II the ap-
peal should be refused, it still would be
part OF the record, as subject, in the opn-
ion Of the defense, for appeal to a higher
court in the event of an unfavorable ver-
dict.
Make Contradictory Statements.
The record shows that Winter and
Frampton, under questioning by oppos-
ing counsel. made many contradictory
statements. some of which they them
selves could not reconcile. This point
was brought out by Judge Bordwell on
ruling on Frampton.
The court is of the opinion that from
the testimony OF Mr.. Frampton, taken as
whole. he will give both sides of this
case fair and impartial trial and is
qualified to sit as a juror. That will be
the ruling of the COURT said Judge
Bordwell.