Arizona republican., 1912-08-02
Attorneys Agree That They May Employ Their Lei sure Hours in Reading the Novels and Addresses of the Defendant
OBJECT TO GET SLANT
 AT HIS STATE OF MIND
Prosecution Lays Special Stress on Theory of Oar row of No Difference Ex-
 cept Location Between
 Those In and Out of Jail
ASSOCIATED PRESS DIsPATcHl

LOS ANGELES, Aug. IA unique stipulation was made today by Oppos ing counsel in the DarrOW bribery trial. It was that all of the published works of Darrow be admitted into the evidence, and that copies of his nov els, essays, and lectures be furnished the jurors to be read during their hours of leisure District Attorney Fredericls later withdrew for the present his consent to the stipulation
 Except for this incident and d heat ed verbal encounter between Assistant District Attorney Ford and Rogers for the defense, the day was d featureless one It was the second day of Dar- rows cross examination and nearly the entire time was consumed in a continuous fencing contest between Darrow and Ford. throughout which few facts were developed, and only occasionally was the purpose of the grilling obvious to spectators.
 The defendant, as on the first day of his inquisition, seldom gave direct responses to questions although he was apparently frank in his replies, but it was evident that he was always on guard. His most common reply was. T don't recall, but perhaps I did" or something of d like nature.
 Nearly every phase of the case was gone into by Ford, and it was in dicated that Mrs. Franklin, wife of the principal witness for the prosecution. would be called by the state in re- buttal
 Did you not say to Mrs. Franklin the day of her husbands arrest, Now, Mrs. Franklin, don't be too hard on me-" asked Ford
 T did not" declared Darrow. either in language, by gesture. writing, cipher or in any other way in sub stance or effect"
 The examination of the McNamara talesmen and the reports which Oar row received on Talesmen Bain and Bain and Lockwood, his conversations with Franklin, the defendants move ments the day of Franklin's arrest, were subjects of examination during the day.
 Darrow's writing was injected into the case when Ford produced the copy of an address, Grimes and Grim nals," given by the defendant before the prisoners in the Cook county jail, Chicago, and read from it the follow ing paragraph;
 There is no such thing as crime as the word is generally understood. l do not believe that there is any sort of distinction between the moral con dition of people in and out of jail. One is just as good as the other. The people here can no more help being here than the people outside can avoid being outside. I do not believe that people are in jail because they de- serve to be. They are in jail simply because they cannot avoid it on ac- count of circumstances which are en- tirely beyond their control, and for which they are in no way responsible.
 Ford asked if the foregoing was the state of his mind last November. Rog- CTS protested that it was unfair to select an isolated paragraph from a pamphlet and the judge agreed that Darrows state of mind at that time was not to be determined by lectures and addresses upon different subjects DarroW appeared more at ease today He seemed to relish the opportunity to cross verbal swords with his in quisitOr.