Arizona republican., 1912-07-26
Court Decided That at This Late Stage There Can Be No Inquiry Into the Dis qualification of the Juror for Bias
FURTHER ATTACK ON
 DEFECTIVE FRANKLIN
Former Attorney in McNa- mara Case Denied All
 Chief Witness for the
 Darrow Prosecution Had Told Relating to Accused
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 LOS ANGELES, July 25.-Judge Hutton, of the superior court. ruled against the defense in the Darrow trial when the case was resumed to- day, in the matter of excusing Juror L. A. Leavitt because of his alleged bias. Leavitt, who has been i'll for several days, was in the box today.
 Attorney Rogers of the defense argued that Leavitt had told his brother in-laW and others. that Moy- CT and Haywood would have hanged if it had not been for that scamp" meaning according to Rogers, Dar- row, who defended them. The state objected to eXcusing Leavitt on the ground that it was too late now and that if any challenge was to be made against the juror it should have been al the beginning of the trial before the evidence was begun. The court took this view and ordered a re- sumption of the trial.
 Further efforts to impeach Bert Franklin. formerly a McNamara de- fense detective and confessed jury briber, was made today. Lecompte
 
 TOW in the defense of the McNamara brothers was the only witness called. He denied many of the statements made by Franklin and gave some new testimony which was favorable to Darrow. Davis declared that he, | Darrow and Franklin had held a con- l ference in Davis office shortly after | Franklin's arrest
 ,l-ls.a | son, the attorney, had gone to him." Davis testified "and Franklin said that Johnson had told him he was from w J. Ford. assistant district attorney who offered if he would 1 plead guilty to let him go with a 1 fine which he could pay from the money found on hm when he was 1 arrested.
 Then" Davis continued, 'Darrow 1 broke into the conversation saying, | Why do they want me any more than Job Hartman or any other att 1 torney connected with the case?' 1 Franklin said Johnson had told l him that he was after Darrow, and not any local man, and if Franklin knew anything about any other att torney he could keep his mouth l shut
 | Attorney Appel for the defenss | asked Davis if it was not true that Franklin had told him while he acted as his attorney, that he and George Lockwood, a prospective juror in the | trial of James B. McNamara, who | figured in the bribery affair, had gone to his office and asked for a bribe. Davis claimed that anything 1 Franklin might have told him while they occupied the positions of attor- hey and client was privileged. Appel | withdrew the question.
 | Davis declared that he had not tel eponed to Darrow that Franklin was to be arrested and had not received 1 the mysterious telephone call which ] was alleged to have apprised Frank ! lins employers of his impending ar rest about which considerable men, l ton has been made during the trial. 1 Davis asserted that he never had any control of the McNamara defense 1 fund and denied that he had ever 1 promised Franklin any money. He 1 denied that Darrow instructed Frank
 lin to tell the court he had obtained
 the bribery money from a third party.
 Later on in his testimony Davis !, asserted that Franklin had told him he had told Attorney Johnson that l 'Darrow had nothing to do with it and that if he told the truth about it Ford would not believe him" Davis also said that he had learned l a week before Franklin's arrest that the McNamaras would plead guilty He denied much of the testimony given against Darrow by George l Behm, an uncle of Ortie McManigai.
 Davis testimony throughout was in direct contradiction to many of the allegations of the prosecution includ- ing the F A. Diekleman incident. He stated that he had been told that | Diekleman would testify that James IB McNamara was not James Bryce.
 The witness said that he had been told that Diekleman had been taken from Los Angeles to New Mexico by | RrIrnS