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The day book. (Chicago, Ill.) 1911-1917, November 04, 1911, Image 7

Image and text provided by University of Illinois at Urbana-Champaign Library, Urbana, IL

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045487/1911-11-04/ed-1/seq-7/

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'dealer, on a single answer ma'de
'during an examination . which
lasted three hours. In deciding
- the cases of Jurors Winter and
'Frampton, in which he overruled
the challenges for cause1 inter
posed by the"defense. Judge-Bord-A
well severely arraigned Attorney
Darrow for "segregating certain
answers and' therefore predicat
ing the "newspaper "interview in
wuicn ne anegeu uias, on isolated
statements instead of op the, en
tire record."
Throughout the entireexamin-
ation, Blenkiro'n insisted he was
perfectly fair and had no con
scientious 'scruples against capi
tal (punishment- where -the evi
dence was circumstantial, unless
such evidence was' very weak.
However, he admitted) "he might
.have told a story to a friend ofa
supposition case where circum
stantial evidence was ihjproper
-and on that Fredericks based hs
challenge, which Bordwell allow
ed oyer the bitter protest' of the
defense. ' ;
- This added 'to the animus ex
isting between the attorneys and
fhe court, the defenseimmediate
ly tried to force Bord well" to re
call. T. L. Lee, a Catholic and
Knight of Columbus, who was ex
m cused early in the 'week. Later,
in deciding" the-; Frampton and
Winter cases, the court saidrthe
state's challenge' of Lee was er
roneous and would have been dis
allowed had the defenes objected.
-Attorneys Scott and Davis united
in demanding that Judge Bord
well reverse himself, -but he re
fused, so they had' their-Objection
entered 'for purpo'ses 'of appeal
should this ever be necessary.
U. S. Authorities Lose Battle
to Obtain Possession of Books
Indianapolis, Ihd., Nov. 4.
The United States authorities
here today temporarily lost their
battle to obtain possession of he
books and documents of Interna
tional Bridge and Structural Iron
Workers, for the purpose of mak
ing a federal investigation of" the
dynamiting charges involving
John J. and James B.'McNamara.
In a hearing on a petition filed
by', the Irpn Workers' attorneys
before Judge Remster, in which
Prosecuting Baker - and judge
Markey were asked to show why,
the. alleged evidence should be
surrendered to-any parties, olit-sfde-'o?
the Iron Workers' organ
ization, the 'court 'held, that in
view of the Iron Workers had
perfected an appeal from' the' de-cision-oF
Judge Markey, surren
dering the evidence fo the'fede'ral
authorities, .that-all questions re
lating to the surrender should be
passed upqn "by the higher courts.
Immediately following the
court's announcement', Attorney
Leo-Rappaport, chief cpunsel for
the Iron Workers, filed an appeal
with the Indiana supreme court
at noon today. f
.Pending final action in the case,
the books and documents will re
main in possession of the Marion
county sheriff on the order of
Judge Remster. This will make
impossible t for the United States
authorities o'r the California authorities-to
obtain the evidence

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