Show INTER REMAN IN N NL JURY BOX II L in in McNamara Case Retained Jv vr r ObJection Ob Ob- of 1 Defense ense FIXED J DEFENDANTS DEFENDANT'S TO GUILT J I j Testified ed However ever That He Could Remove ve This If I Evidence Warrants II III i LOS ANGELES Oct Judge 8 Judge Walter Walter Wal Wal- ter Bordwell today d decided ed a four day 1 controversy over Talesin n A. A C. C Wini Win Win- i ez eI x in the the trial by v- v refusing to excuse him him- from jury servo t ice Tho The defense challenged Winter after he had sai said th t e had a fixed opinion as to the innocence of the defendant b but t ti toki I tto for forthe forthe forthe the state that he he could give a fair trial l ed by the ito defense he said aid It t. t wo ake O evidence I Ito to remove his J The Ih judge also r retained a t Walter H. H Frampton iwho who was challenged challenged chal chal- late yesterday the defense because he ho said he be eI that hat labor labor- unions blew up the T 7 e building and that John J. J and James B. B McNamara were guilty of the deed eC I have examined tl the very carefully said the S in announcing ing tag hit his ruling both both i Mr M Winter and Mr Frampton and given 1 given ape ape- cial dat attention to th tl t that Mr Winter gao h her rp y before yesterday yes yos- r s- s 1 and 1 I am sk Mr Winter Win Win- ter a a few questions wi to chat matter again 1 Did you make o years ago at the Merchants Merchants' ige ge about the time of a jl strike 1 in i. i the labor question Lt ff I may have c t tak talkea o the subject but made no speech answered nY red Win in Im the uti board of ter on e executive board of the Merchants Merchants' and there ere were about bout fifteen mem mem there bu but J. J dont don't lo l t remember bel ann feI f Darrow Asks More MorTime Time n new cv tt SIf S. S Darow to his feet with witha a request for five fiet minutes' minutes time to d demonstrate to tb tW court that Winter was unfair It was refused and Darrow noted an except exception oD The court th then n r ruled rifled on Frampton on the ground that opinion was formed from sources sources' excepted in iu th thi statutes Darrow a also Iso excepted to this thi T lesman T T T. J. J JLee Lee was as excused at today today to to- day s 's he had said he would not convict in a capital case on circumstantial circum evidence I IA A previous e challenge by the state for bias was disallowed J by the court Reynolds' Reynolds Case Brings Hope James B. B Mc McNamara amar came cheerfully to the courtroom today and expressed the that h he be would be he hope as successful successful success success- s- s ful in the o outcome tc me of his trial as Charles F. F Reynolds accused of wite wife murder and nd acquitted After his Reynolds spent the night keeping McNamara Mc am ra company in hi his cell r Reynolds 1 certainly was a happy man said McNamara but he is a little afraid of the threat of a brother of Mrs Reynolds who thov thoy say wa wants ts to kill b him bim im Reynolds iu was defended by bv a business ass associate of Lecompte Davis Davis Da Da- Da v vis s. s one of McNamara's McNamara s a attorneys When court convened at o'clock G. G Ray Bay Horton of the state continued his bis ex examination of Lee After tho th state had challenged Lee the court interrogated the and Lee said aid he did not hear bear the tho first question Darrow Tilts With Judge Are you hard bard of bearing hearing the tho court and arid how Ion long have e you been afflicted I object to the que question tion interposed interposed interposed inter inter- posed Attorney Darrow of the defense on the that ground there is no foun fount dation for it c Objection overruled said the court Your Tour honor honor it it does doE's seem Mem to me that the questions you ask for the state are different than those for the de tie- Lease continued Mr Darrow The The record should show holt too added Attorney Scott of the defense that y your your- ur honors honor's voice is husky Gentlemen I wi will not have bave these personal remarks I have re ruled on this objection and there is nothing more mora to be said Then we note an exception re reo re- re joined Attorney Darrow How long hayo bayo you been hard of hearing continued the court to LeeFor LeeFor Lee live five For Eor the tile last rears jears replied Lee Iee hearing has been my a little poorer than it was was previously Myri My ri right ht ear is good but the left not so so good I heard all tho the questions be be- fore but did not catch your question I The challenge will bo ho disallowed ruled the court sustaining sustaining- the attitude attitude atti atti- tude of the defense as to Leos Leo's eligibility eligi to serve Leo Lee Finally Out I Later when bythe court if he would convict ou on circumstantial evidence evi deuce dence when the punishment was death Lee Leo said that he wo would won d not The Tho court allowed the challenge With of Lee there thero was one vacancy in the jury jury box hox and Edward Edward Ed Ed- ward A. A Dewitt was called caled His His' name ho he said was not on the assessment roll and he ho was n-as excused A. A J. J Wilson Wilson Wil Wil- son BOn being substituted for him hun Wilson on questioning by b the court reveal revealed d obie objection ion to capital punishment punish ment and the curt turned him over overto overto overto to the prosecution for further interrogation interrogation inter inter- rogation on this Darrow Ordered to Proceed Judge refused late yesterday ay afternoon to rt rule rule- Immediately on chal dial challenges le lenges JS tiller after I are r made The mat mat- i. i VW and Attorney Darrow temporal temporarily ily lly refused I Ito to go on with the case caso until District At- At tome John D. D Fredericks had d demanded that the court proceed In the selection of Jurors Then Darrow under the di direction direction direction di- di of the court continued his ex ex- ex v Demand for fOI immediate rulings b by the court formed r the e t second e s step by the de defense de f lr gd rO eg in seeking I t ti alter 1 conditions got gov examination of which obtained at the beginning of the trial and which are arc usual In Los Jos Angeles county count although not in all cases eases sped fled by statute The first step taken taken taken-a a aday day or two ago was nas to d demand mand that the state examine the as soon as each lah was accepted as to cau cause cauco o by the defense A number of objections raised chiefly by Attorney Lecompte Davis also have been offered to the method pursued b by bythe bythe the court in examining to get at their l f frame gleb gle of mind n after they apparently ap apparently ap- ap r had b become o confused O d by the quizzing of opposing counsel To these Judge Bordwell responded that he understood un on- the responsibility resting upon the court I Saturday Session Unusual Ordinarily there thero would have been no no 1 Saturday session of court but owing to the short session of ot Thursday which I lasted only thirty five minutes minutE's b because cause the supply of ran out Judge Judg ell decided to get In three hours' hours work toda today This is more than half a usual days das session and and work was pushed d rapidly rapid I so that when court ad ad- I jQ it was felt that nearly that n arly a 1 full fulI dav days work had lia been done Continued on 01 page age 6 6 i t o WINTER TO REMAIN Continued from pa page page 1 1 1 ter came acne up imp lp In the case rase of Kr Framp Wilsons Wilson's views satisfied a this the state f an J I he remained in tn the box boJ for further exa Not Through Though With Winter Court took a a brief recess recesS durin during is-h is h u opposing aton attorneys aton's s 's gathered in groups i opposite sides ldes of the room and i ithe f the th rulings of the court Darrow chief chip of o counsel for the df n told the newspaper m men n around after adjournment of court ourt toa teda he ha sit woul Issue isu Ilu a a statement wherein b by questions and answers directed at Tal men Winter and Frampton he h. h 1 0 show how that the they should have been I ig Things cant can't Cant Can't go n on this wa way wa mw longer declared Darrow Just b for Ih I session was Wag resumed JB I Attorney Davis for the defense himself of his opportunity for aval animation of Frampton and Winter Inter lowing the examination of the fo tion ton Both Frampton and Winter w we wen asked n their views on capital and a challenge was as as interposed for raw caus against both holding that they Implied bla bias bias' in iii opposing hal t death penalty on cir e I en-I dence Previous challenges of the 4 had b been ln for actual bias bla that J G. G Ray Kay Horton of the state R a argee that if there was as an advantage in a aIng asI Ing to have the cause the they thie would not hang a ma manic o 0 circumstantial evidence ir r was a noUn no e 0 ethe the side Ilde of the defense and the shout not be the one to challenge on h ground gi JJR Attorney Joseph Scott arso at th thi ti point and said JB We VI dont don't want ant Frampton or 01 Vint I Ion on that Jury because e they are arp not minded men and Id we c e want them o off ii matter whether I t t the challenge rl n Is s OM ort ground that appears appear beneficial un und other circumstances to us or 01 not ft A tangled argument ensued ai as al t to t order of examination of individual juro Juron for actual bias and implied bias blasa ai finally the court sai said Its res practically 12 o flock court is adjourned Ed until Monday I take the mate matter I under n Meanwhile if counsel have hae any author autor ties to cite Ill I'll Il be glad to receive tl them |