Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-05-18
CHOOSING JURY
IN BARROW CASE
Box Expected Soon To Be
Filled in the Famous Trial.
Story Of Alleged Bribery.

Los ANGELES. May 1S.-With sew
en- jurors in the box. attorneys for the
defense and prosecution we're hopeful
of obtaining today the five men needed
To complete the panel to hear the case
of Clarence S. barrow charged with
the bribery of juror in the Mcnamara
case. The prosecution hopes TO begin
the presentation OF its case Monday.
Two Of the i've peremptory challenges
of the prosecution and three of the len
allowed the defense were Xercised late
Friday aftrnoon when the box had been
filled for the first time With men passed
for cause by both sides.
Sequel of Franklins Arrest.
The trial of Clarence S. barrow Is
the direct outgrowth of the. sensational
arrest of Bert Franklin. detective
employed by those defending the Nc
Namara brothers. on charges Of jury
bribery. Franklin was arrested few
days prior to December 1. 1911, when
the accused dynamiters astonished the
world by entering an unexpected plea
of guilty. 1t was claimed at the time
that it was the discovery of his crook
cd work that led to the speedy ter1ni-
nation of the labor mems fight.
On December II the accused detec-
tive was given a hearing. and both
George y. Lockwood and Robert Bains
the Mcnamara juror and venireman
whom he was charged with attempting
to bribe, testified that he had used the
name of barrow in making his over
lures. Franklin, however. exonerated
the McNamaras' chief counsel and en-
tered plea Of not guilty.
His case was taken up by the grand
jury. and about the middle of January
rumors that Franklin had confessed
that barrow was behind the bride fund
we're circulated in Los Angeles. Oar
row. through his lawyers, entered a
strenuous denial of these charges. and
when the rumors were confirmed. he
branded Franklin as turn coat and a
Burns detective, hired by the state to
discredit the labor lawyer.
Darrow's Indictment Follows.
On January 20 two indictments were
returned against barrow. containing
four counts. Two of these counts
charged the lawyer with the bribery
and attempted corruption of Robert
Bains. the first juror sworn to try James
r. Mcnamara, the confessed dynamiter
and murderer. now serving a term in
San quentin prison. The remaining
two counts allege the bribery and corr
ruptien of George N. Lockwood, We
nireman summoned in the Mcnamara
case.
barrow was arraigned on February
/, and his attorneys Immediately en-
tered motions before the court to set
aside the first Indictment and quash the
second on the ground that the evil
dence was insufficient and did not set
forth facts proving the charges.
After a consideration of these mo-
tons. the Darrow attorneys were called
! before the court on February 3 and the
motions were formally denied. Darrow
then entered plea Of not guilty. and
was released under heavy bail His
trial was set for May Is.
Franklin Pays $4,000 Fine.
The trial of Bert Franklin on Febru-
airy dispelled any lingering doubt as to
the part the detective had played in his
investigation before the grand jury. He
Immediately pleaded guilty to one in
dictment. and was released after pay
ing a fine Of $4,000. the presiding judge
significantly commenting on the in
f1uence of an older and more expe-
| rienced man"
Darrow's prominence as a champion
of organized labor makes his arrest
and trial equal in interest to the SEN
sational charges against the union iron
workers. 1t is expected that his hear
ing will bring forth testimony as
startling as that marking the trial of
the McNamaras.