Show PROSECUTION CHARGED SUBTERfUGE INITH Darrow MaKes the Com Complaint Complaint plaint and Refers to a Previous us Incident STATE IS SUSTAINED AI ED EDBY BY JUD JUDGE E BO BORDWELL DWLE Tilt Tit in M McNamara Namara Trial TrialS Over Question e lof f Circumstantial Circumstantial Circum S l Evidence I LOS L S ANGELES Nov 13 harges Charges Charges of subterfuge made by Jud Judge e Walter Waler Bordwell against the te def defense e in th t McNamara tia trial some some- w weeks ek ago weI were taken up by Ate Clarence Crene S. S Darrow Dar Da row rw at the opening of court cour today U. U un under n. n der what ho held to be be- bea a a. l parallel rael ca case e and hurled at at the state state An A effort by District Distrct Attorney John Jom D. D Fredericks to reply was wa cut short S You dont don't need to make any argument arg Dent ment on that that the court said and re- re ra t ined A A. A Gribling the und under r discussion OU after asking askin hi him hiD a a few Low questions S Gribling was challenged because in a 3 series of of answers rs to guileful ie ul questions by counsel he he h had d said be would not not c convict n in in n a a capital case on circumstantial tal e evidence H ITe He Halso also said he woud would The state challenged him on o the strength of the of-the the tho ne negative tiYe statement i will call the attention of 1 I i cal your honor to the testimony of of the tho tales tales- man luau said District Attorney Fredericks Freder Freder- reder ic icks which I I have gone one over ver care care- fully Court Cou Had Ha Read Bead Rd ItI It I I. I have gone one over o er it it- myself observed ob oh- served hae the court and Darrow rose I J T W. W If N. N Frampton and ad A. A C. C Winter both poth of whom said they did not believe in circumstantial evidence e tJ were retained reain in d by bv the state and ande we e had ha ha I to u use two tw peret peremptory challenges challenges' on ont t them hem Da Dan ow now said sa-id If I it i is' is good good- od cause euse use now it was good cause us then The state of offers oes s. s this tbs rhale go it it wants w rid get of of The 4 is not ot stronger h herc a was then T To Td h th J courts court's interrogation rr atou i said aid h ho be would i convict litt jf jt tM it Et evidence cid r were f sufficiently f strong 5 t F 1 Tho The chal challenge ne ik iI diSI sad the the- ourI id add smilingly dC Now Mr Mt t Darrow Darros- Daro J i 1 dont t think you were ju justified tied i in s 's saying that thai the Ton yr State tried ried ta tc to use usO so subterfuge to get et r rid d of this man The Th s' s charged by your our on honor r with subterfuge o in the cases caes of ofEr Er and aad Winter he be said I hirk this r is a like Jike instance I Incident ic nt Closed Cosed The The court court p pointed inte out that one of the attorneys attorney for t the e defense defense practically had admitted that these two men were ch challenged because they were not w wanted and the incident was closed N N. P. P BaIley Baiev was challenged for cause by Darrow Bailey said he be had had read the Los Angeles Times for twenty years yeaTS and ad was strongly in sympathy with on un union ion n labor and and- nd believed behaved the Times was wa's as blown up by bya a a union bomb I The state tate resisted the challenge halen e but i later r withdrew its is opposition and I Bailey Baney was wa excused When court court convened District Attorney I Fredericks challenged convene Tal sma l Gribling for Implied bias blu Attorney Clarence S. S I pa Darrow low declared It I wa was only an excuse I to gM g t rid of Jud Judge JUdg Bordwell asked Gribling If It Ithe he had changed chang d hil his bl I mind The conclusion I J ha haVe hac I dime come to Is that I could rend render r a a. a verdict t on circum circumstantial evidence if It it were are I er strong enough h replied replied- Gribling Challenge Is Disallowed Then the challenge will wi be disallowed said the court Gribling took his seat Jn In the box Judge Informed Attorney Darrow Par Dar row that he lie did not think the latter was Justified In saying that the he district at attorney attorney at- at tor torney e was wa trying to get rid of Gribling the use of a a peremptory I I remember remarked Attorney y Darro Darrow Dar Par row ro that the court said our attempt to disqualify Framton Frampton and Winter was as a a. a subterfuge Examination n of N N. P. P Balc Bailey was wai the thE next proceeding F. F it M. M Webb president or of A marb marble v development company compan said he was yards ars away from a nitroglycerin bomb that thit exploded near the home of ot General Otis proprietor of the Times on the morning that the nes newspaper plant was as destroyed He was convinced td the Times disaster was caused by dynamite Webb ebb was vas a 5 excused d on oil challenge by Darrow crow and TV will wi ho bo called calt is as l a witness the thA taking of testimony b begins gins He lie HeIs lieis Is the tle second witness dt discovered ered co during the examination of f Assistant District Attorney Hill ap ap- In court twice In the COUriC course of the session with men nien who ho stood In a l little muc lobby and looked d at James m B. B McNamara a the defendant J y then e were c taken takei tJ aWI away Hill Jm declined to state stat whether further Identifications of the prisoner hue had hu been secured George orge G J. J Birkel a who previously sought to be he e excused for tor business oust reasons d declared today excuse he was opposed to the Infliction carE of the d death ath penalty and was excused T. T o J J. J Green a a stock raiser was accepted by br the defense |