The Barre daily times. (Barre, Vt.) 1897-1959, 1911-11-09
FIVE LEFT IN THE
MCNAMARA JURY BOX
State Exercises Peremptory Challenges
in Case Of Two Talesmen and
Defense in Case of

Los Angeles, Nov. 9.-The jury box in
the Mcnamara murder trial was filed
Tuesday with talcsrnen accepted as TO
cause, and peremptory challenges were
exercised by both sides. Tuesday night
but five of the twelve men remained, and
the defense had reserved the right to
challenge some of those If ii desired.
Should it not 20 challenge II cannot ex-
cuse these men later on The defense
lost every appreciable point for which it
contended yesterday The five men left
in the box Tuesday night were;
Robert Balm, carpenter, who organized
the first labor union in Los Angeles.
+. d. Green, orange grower, who said
he had read magazines about the case
without prejudicing his mind.
Byron Lisk, retired mill owner, who
said he had no opinion as 10 the cause
Of the Los Angeles Times explosion.
Sam Mendenhall, orange grower, who
was without an opinion.
William Clark, who said he took sides
neither way.
The challenges were exercised alter
nately. The state led off with Frank
Frakes, who admitted an acquaintance
with Attorney lie Compile Davis, for the
defense. The defense excused George W.
Johnson, a retired foundry physician !;
Walter N Frampton, farmer, who said
he believed the Times building was
blown up by dynamite. and A. G. Win
ter builder and contractor, who had
an opinion concerning the guilt Of Nc
Namara which he said would require
much evidence 10 remove. This leaves
the state with eight peremptory ehal-
lenges and the defense with fifteen.
Immediately after adjournment Of
court the attorneys for Mcnamara de-
cided 70 bring the charge Of prejudice
on the part of Judge Bordwell. On re-
newing their accusation that Judge
Bordwell is untitled to preside over the
trial because OF his bias against the
prisoners, AlcNamara's counsel intend to
assemble all the rulings Of the Judge on
material issues since the trial opened
and urge them as evidence that he is
not disposed to act fairly. Affidavits
are being prepared for James b. and
John Mcnamara to sign, for the allega-
tion is made that they are satisfied
that they cannot be fairly tried before
Judge Bordwel.
The decisions of the court refusing to
dismiss talesmen Mckee, Winter, Tramp
ton, johnson and Case for positive opin-
ions declared to be inimical 10 the in
terests of the prisoner in four instances
and for incompetency, as far as DIR.
Case is concerned. will be cited as ex-
amples of judicial prejudice. The courts
ruling Diminishing Talesmen Adams and
Norton, whom the defense considered
fair and impartial, will be offered as a
farther support to the charge of bias in
the mind of Judge Bordwell. These af-
fidayits, with The demand that Judge
Bordwell retire in favor of some other
Judge, will be presented Monday or Tues
day, SO Mr.. barrow said last night.
"You don't expect that Judge Bord
well is going to do anything else than
overrule the motion for change OF
venue on the ground Of his prejudice, do
you?" Mr.. barrow was asked.
Il suppose he viii deny the motion"
admitted the lawyer. "We must set
forth the facts, regardless of what hap
pens. There are higher authorities than
Judge Bordwell and we are preparing for
an appeal to them. Further. don't for
get that a great public is watching this
trial, and it is a public that believes in
and insists upon square deal in the
courts, We can't get square deal here,
and the people have a right to know
itn