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Show LOS ANGELES. Sept. 25. -t- John R. Harrington, of counsel -f for the McNamara defense, -t- charged with contempt of court 4- for having refused to answer -r questions asked him before the - grand Jury was ordered today ' by Judgo Bordwell to respond to the questions As a result of tho ruling, Locomptc Davis, one -f of tho McNamara attorneys, de- clared it was probable that tho defense would ask for a change of Judges at the main trial. - i ' The associates of Harrington, who was cited for contempt for refusing to respond to queries regarding his alleged. attompt to influence Mrs. Lena Le-na Ingersol of San Francisco, a witness wit-ness for the, state, said that they did not know whether ho would appear beforo tho grand jury noxt Monday, the time agreed upon or would elect to go to Jail aud Institute habeas corpus cor-pus proceedings. John Bordwell's ruling came only after a stormy session In court in which Locomptc Davis and Joseph. Scott, attorneys for the McNamaras, were ordered to sit down, and W. J. Ford, assistant district attorney was commanded to cease arguing. Bordwell U3es Czar Hand. Judgo Bordwell said that after an examination of the records ho had concluded that Harrington's answer to the contempt charge contained no denial of the facts as stated In tho affidavit of Charles Weir, foreman of tho grand jury, regarding the attorney's at-torney's refusal to answer. When tho Judgo reached that part of his rulings, rul-ings, Attorney Scott arose and said he desired to file an amended answer an-swer to the charge against Harrington. Harring-ton. He said tho now document would deal with tho contention of him-solf him-solf and his associates that the main issue in tho proceedings against Harrington Har-rington was whether tho tho grand jury and .the district attorney were noting in good faith or Wero instituting insti-tuting a frocceding merely to annoy tho defense Judgo Bordwell snld ho did not think an amended answer necessary, as he had understood tho original document. He declared that amid the versions cast at the grand jury and the district attorney by the defonso at the beginning of the hearing hear-ing Jast Friday had not been admitted to tho records and he did not wish to hear moro of them. He declared that Harrington's services to the McNamaras McNama-ras -wero not those of counsel and therefore the law did not protect him In that capacity. Thero was no reason, rea-son, the Judge declared, why Har rington should not answer tho questions ques-tions asked by the grand Jury. Orders Attorneys to Sit Down. Scott argued that the grand jury hero had no right to investigate the charge that Harrington had tried to bribe Mrs Ingersoll in San Francisco. Francis-co. He said that It any Investigation were to be made of tho alleged crime, It should be made In San Francisco. Judgo Bordwell sold that he had decided otherwise and declared that the grand Jury must be permitted to proceed with its investigation whenever when-ever it thought thoro was ground for bolieving that .attempts were being made on either Illegally to influonco witnesses. He said It was to bo commended com-mended for its work. "Then where do we get off at?" roared Scott. "Examine the laws," said the court "Sit down. Mr. Scott. I want no further arguments over tho matter." Davis arose and began addressing the court on the same subject He also was told sharply to "sit down." Judgo Bordwell said he did not thing that it was necessary to ordor any punishment of Harrington, but ruled that he must answer tho questions. ques-tions. He released him on his own recognition Opposing counsoi then agreed upon noxt Monday as the time for Harrington's reappearance before tho grand jury. Will Seek Change of Judges. Tho court agreed to examine tho amended answer Scott wlshod to flic to determine if It should ho admitted to tho records. Ho also permitted the defense to havo Inserted in the records. rec-ords. Ho also permitted the dofense to have inserted In tho records the refusal re-fusal of the court to summon members mem-bers of the grand jury to testify in court as to their good faith in the Harrington matter. Clarenco S. Darrow of tho dofense said tonight tho ruling of Judgo Bordwell, Bord-well, taken with his previous statements state-ments that he hnd ordered the grand Jury to investigate the caso and his commending it for its action, gave tho dofense ground for asking a chango of judges. If a motion for a change of judges Is made it will bo presented to Judge Bordwell himself. Beforo tho caso could bo taken from the county, It would havo to bo shown that all 12 of tho regular jMicre bore and two or three who Hit in oxtra sessions also were biased. |
