The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-02-28
BARROW BOTH
LOSES AND WINS
Franklin's Plea of Guilty In
jures and: Helps the
Attorney

Los Angeles. Feb. 2S.-Clarence S
barrow. the Chicago attorney. indict-
ed for jury bribing, met with both a
loss and a gain in court proceedings
Involving charges against him today.
II loss was the expected plea of
guilty which Bert Franklin. the. for
mer Mcnamara detective. entered to
Il charge of attempted influencing of
a juror in the trial of James b. Nc
Namara. the dynamiter. now serving
a life sentence In San Quentin peni-
tertiary. Franklin's plea was taken
as "a proof that he would be the
states chief witness against OAR
row.
The gain was. a ruling by Presiding
Judge George H: Hutton of h SUI
perior court. that the district attor-
ney must furnish barrow with a full
transcript Of the evidence upon which
the grand jury indictments against
him We're based before the court
would set the trial of the accused at
torney. The Franklin case came up
first.
Franklin pleaded guilty to having
attempted to influence Robert Balm.
n first juror sworn in h Mcnamara
case. The charge of having actually
bribed Balm was dismissed and tho
trial of Franklin on the accusation
Of having attempted to bribe George
N. Lockwood, a prospective juror, in
n same case, was postponed for
ninety days. The time for sentencing
him on h charge 10 which he plead
ed guilty was set for Friday and he
was released on his own recognizance
so far as that case was concerned. 1t
was reported that his only punish
ment would be a light fine.
Darrow's victory came in the aft.
ernoon. Judge Hutton at that time
reversed his own former ruling that
the district attorney need not provide
the indicted attorney with a full tran
script Of the grand jury proceeding.
In reversing himself the Judge said
he had had time for more study Of
the case and had come to the on
clusion that charges and modifca-
tions in the statute since the supreme
court ruling upon which he had based
his ruling were such that he
could disregard the decision of the
higher tribunal. His last opinion null
lifted the appeal from his former one
that Darrow's attorneys had made to
the district court Of appeals.
Judge Hutton's reversal Of himself
was a surprise to the prosecutors Of
nee and caused John D. Fredericks,
district attorney. to assume personal
charge Of the barrow case. Freder-
ticks greeted barrow in a friendly
manner when he nrst entered court,
which was an hour or so after Judge
Hutton's ruling. Fredericks shook
hands with the indicted attorney and
they later had q confidential talk with
their hands upon eac hother's Shout
dare.
Judge Hutton. in response to ques-
lions from Fredericks. offered to re-
verse himself again and let the tran
script question be settled by the court
OF appeals. Later he decided to. hold
his latest ruling in allegiance until to-
morrow afternoon. by which time the
district attorney said he would, have
decided what course to take.
Fredericks said that he had three
possible plans to pursue as the result
OF Judge Hutton's decision. One was
to offer the barrow defense. In addi-
tton to h present partial transcript
IN his possession. all the notes taken
by n of his deputies. who was also
a st~enographer and who was present
at the grand jury sessions while the
Official reporter was absent. The Sec
ond plan was to resuhmit the entire
case to the grand Jury and the third
was to file Information. before a mag
istrate as is done in the majority Of
criminal charges. 49,