Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-05-19

THIS unusual procecd.ug viii give the
accused lawyer the Ught 90 examine
any witness hc may wish und Go ad
dress the jury in his own behalf
when the evidence is submitted bar
row has done "a great deal uf work lon
preparing his def,nsa aud has taken
almost ull ot me dispositions secured
from various witnesses
Aside from his address 90 the jury
ho viii iukc llttle active part either
iu the direct examination or cross OK,
animation of witnesses, This import
ant part win bee performed Boy At
torney Earl Rogers, Rogers has the
distinction here OF never having lost
AN important ease and is regarded AS
one of the most shlful jury lawyers
T Ia the west
Rogers win ho assisted boy Attorney
WIN Anderson, cyrus McNutt VII
liam II. Dehm and II j, Goislcr. An
dcrson was formerly one of the lead
Ing lawyers of san Francisco Me-
Mutt was associated with Darrow IN
the McNamara cnscs Dchm Is Rog-
crs' partner and thorough student
of the law, and Goisler ls In charge
Of the investigating bureau iu Rog-
ers' office. Aside from the attorneys
assisting him. Rogers viii have pri-
waite detective force Of seven men.
Burns to Help Prosecution
District Attorney John d. Frcdcr'
ioks who secured the pleas of guilty
from the Mcnamara brothers several
months ago, viii be assisted hy W. j.
Ford who was recently promoted 10
/ the position Of assistant district at
torney Ford is the man who repre-
sented the state when the McNamara
brothers were arrested, and was w
charge of the preparation of the eNl-
dencc against them.
The prosecution viii have the sup
port Of the Burns National Detective
agency, Malcolm McLartn of the
Burns agency. and S. l.. Browne, chief
Of the detective bureau, sustained py
the district attorney will take charge
of investigating the vcniromcn'
Tho first battle I'm the trial viii be
over the jury. The defense VIII seek
to secure men of considerable age as
Jurors and the prosecution viii seek
60 get jury of young men. II u
probable that the percmtory chal-
ienges for both sides will be exhaust
ed before twelve Jurors are sworn
Following the precedent established
here in the McNamara case, the tales
men viii be confined 10y the court
, from lHt AllNf liA'N ~ ff''''''
until they are discharged.
Franklin FIRST Witness.
one of the first witnesses 10 ne
called by the state will be Bert Frank.
lin. the detectiva formerly employed
( .by barrow. Franklin was recently
fined $4,000 in the superior court art
or pleading guilty to brlbing one oi
the Mcnamara Jurors Another IN
dictment is still pending against hlm
Before the county grand jury, Wnlcn
Indicted barrow, Franklin testified
that Darrow directed him 10 brlbe
the Jurors. II IL expected that ne
will give similar testimony before the
iurv and that he will attempt to cor
robrate his charge with documents
and through conversations oNefheaIu
by the telephone operators
Detective Guy Blddinger OF ChlcaBo
win also be summoned. II Is clalineu
/ bv the prosecution that barrow prIneu
| Biddinger to make reports on cue
nrosecutlon's work Seven witnesses,
/ il is said, saw Darrow pay the Nh',
cago detective money. Il Is claimed
mat great deal Of similar testimony
will he introduced in the way OF cum
|ulntve proof. and that through thls
the battle for witnesses in the NC
Narhara case win eb reviewed.
DlctOgraph Evidence.
Az important as either the lesl,
mony of Franklin or BiddlnBcT WI
he the conversations secured pN IN,
state with a dictograph. II IS clhlHleu
that while i'm conversation with AttoI-
nev John r. Harrington, DarrpW au-
mittrd his guilt and his adm isslons
we're taken down by shorthand re-
|porters manipulating the dlctaRraph'
/ harrington was formerlyd employo
/ Inv barrow but is now friendly WIN
the prosecution He Will be caIeu
as witness against Darrow. Much
of Harrington's testimony VIII reld'o
to the general methods emploSed p'
barrow in defending the McNahar
brothers. Almost all of the men anu
women employed by barrow VIII p'
called by the state,
An attempt win be made TO prove
tbat a short time after Franklin pald
one of The NcNamara jurors $500,
barrow was summoned ana leIl ms
office to meet Franklin and the br'ped
Juror ,,
10 this line Of evidence Darrow VIII
allege. his attorneys say that FRANK
lin was hired detective IN the en-
plov of the forces Interested IN the
conviction Of the McNamara brothers
and that Harrington occupied SIM
lar position. He viii protest that
when he met Franklin and the briped I.
Juror it was done iunoceuuN. ana mat
he was Intercepted while on ms way
to court
lie viii call witnesses 20 prove tnlat
before Franklin became friendly WIN .
the prosecution he frequently exon .
Grated him from all connection Wlth .
the bribery charge. About forty VII .
nesses viii be called by the defense .
to testify that Franklin confessed TO F
them that ne bribed the juror with .
ont direction to do So The character .
of Harrington will probably be at /
tackled If he is called as a witness |
and vigorous assault viii be made
uuon the accuracy OF a dictograph. h.
It's value will probably bo demon
strated in this trial
one of the important witnesses
who may be called by either SIDE Is
the wife Of Ortie McManigaL the in
former. who gave the state all the
information against the Mcnamara
brothers Mrs. McManigal was to
have been a witness for the McNa-
mara brothers, but since the indict-
ment OF Darrow the state claims that
she has shown Willingness to become
reconcIled to her husband. II is prob
able that her position will not be.