El Paso herald. (El Paso, Tex.) 1901-1931, 1912-08-17
Many witnesses Heard.

the cost to the county was something
like $4,000 The entire cost of the trial
was close to $4,000.
Many witnesses Heard.
In the main case OF the prosecution
which began with the completion OF the
Jury. on May "a, IS witnesses testihed
and exactly the same number of wit
nesses were introduced by the defence-
On rebuttal the number OF state VII
nesses was swelled to so The prosecu-
ton rested on July S, and the deIence
ended on Aug. 5, after a lengthy cross
examination of Darrow, who occupied
the stand a week. Four days were re-
quired for the states rebuttal and both
sides finally rested on Aug. g. In pre-
senting the case against barrow, the
prosecution produced evidence purport-
alleged corruption Of jurors. Darrow
had been guilty OF tamperlng with
state witnesses IN the Mcnamara case. -
The chief reliance Of the defence was
that the agreement between the prose-
cution and the defence. under which
the McNamaras entered their pleas or
guilty, was made prior to the alleged
bribery Of Lockwood, and that there
was therefore. no occasion for cor
rupting jurors. It was also maintained
throughout that Darrow was the VIC
tim of q "frame-up' on the part OF
Franklin and the authorities
barrow Suspected.
barrow. who had full charge Of the
defence of the McNamaras, had carried
on a magnificent fight during every
step of the proceedings. but he became
convinced that the evidence the prose-
cution had was overwhelming.
Bribery rumors had become rife
during the trial. but the sensation came
a few days prior to the plea of guilty,
when Bert Franklin, a detective for the
defence, was placed under arrest on
the charge of attempting to bribe
George n. Lockwood and Robert Balm
His arrest was followed by hints OF
"higher-ups," but Darrows name was
not mentioned until Dec II, when the
detective was given. a hearing at
which witnesses testified that DarroW'S
name had been used in the overtures.
Franklin. however, strenuously denied
that this famous lawyer had had any
thing to do with the attempted brtb-
cry of jurors.
His case was taken UP by the grand
jury and about the middle of January
rumors that Franklin had confessed
that DarToW was behind the bride fund
were circulated in Los Angeles Oar
row, through his lawyers, entered a
strenuous denial of these charges, and
when the rumors were confirmed,
branded Franklin as a turncoat and
Burns detective, hired by the state to
discredit the labor lawyer.
The trial of Bert Franklin on Feb
ruary p dispelled any lingering doubt
as to the part the detectives had played
in his investigation before the grand
jury. he lnmeQldLely pledQeQ guilty
to one indictment and was released,
after paying a fine of $4,000, the pre-
siding judge significantly commenting
on the influence Of an older and more |
experienced man." His release was !
release was followed by his subpoena TO !
appear as a witness for the state.
The trial of barrow began May 10, ;
and was marked by the brilliant work !
Of the lawyer in his own defence.
Darrow's prominence as a champion I
Of Cd Ia ao,- q hi nd
trial OF exceptional interest.
DarrOw Distinguished Lawyer.
The accused labor lawyer. who is now !
So years old, was admitted to the bar in /
1875, and almost Immediately jumped I
into prominence as an advocate of 4
labor He possesses an oratorical !
gift that has won him the reputation /
OF being one of the most effective jury /
pleaders in the United states. and his /
knowledge of law is acknowledged to /,
be second to none in the ranks of labor ]
His most noted cases have been the |
Chicago litigation against the socalled
gas trust, the Debs strike case, the coal
strike arbitration in 1902, and the de-
fence of Meyer. Haywood and Petit /,
bone, who were charged with murder /
ing governor Steunenberg. barrow Sc |
cured the acquittal of the accused MUIR /
derers of Steunenberg and Immediately I
leaped into national prominence as 4 /
lawyer.
When the McNamaras were arrested, |
therefore. he was called upon to de- 4
fend them against the much. heralded !
persecution of capital" and undertook E
the task on an agreement which is ru- j
mored to have included a $50. 600 re- I
tainer and a fee of $1,000 every day he /
spent in court. A fund of over $500, 900 1
was raised by organized labor for the 1
defence OF the dynamiters.
Besides his activity in the cause of +
labor. barrow has won national promi- /
hence as platform speaker and |
writer He is the author of The Per- /
sian Pearl" Resist Not Evil" Farm 1
ington," An Eye For an Eye" and 4
also various pamphlets on social and /
economic questions.
" NJ Rcd dis+rio+ oro;noor 81 ~,