away and it is doubtful if he
realized the importance of the
joutcome to him.
Attorney Darrow, for the first
time the trial opened, showed the
effect of the strain. His face was
drawn and haggard and almost
ghastly in its whiteness. Above,
on the bench, Judge Bordwell
concentrated his attention on
both groups of attorneys, waiting.
The quiet was finally broken by
District Attorney Fredncks de
claring" the law was absolute; that
both sides must exhaust all chal
lenges against the twelve men in
the box in turn before any new
names could be called. The de
fense objected and was overruled.
Fredncks challenged Frank
Frakes and the defense quickly
eliminated McKee; the state ex
cused McNeely, the retired tailor
and union man, and the defense
Johnson. There was a lengthy
pause, and then Fredricks, with
the air of a man behind the larg
est stack of chips fin a poker
game, almost shouted, "we pass,"
and sat down in his seat. The
frown on Attorney Darrow's face
ated Dr. Case and Frampton, and
There was a pause of ten min
utes for a conference, and finally
Darrow walked back and con
ferred with Mrs. Frank Wolfe,
wife of the biggest Socialist
leader in this city.
It was the "woman's hunpb,"
as she knew the members of the
Winter family intimately. When
Darrow. resumed his seat he chal-
had worked as. a strikebreaker in
the butchers strike, was still be
lieved to be secretly in favor of
unionism. By this time it was aK
most dark, and Darrow asked the
court to adjourn until today so
that the defense could confer over
night. Bordwell so ordered.
As, exclusively "stated by thes
United Press more than a week'
ago, 4the defense will-next week
renew its motion for a change of
judge. .Both McNamaras will re
peat 'their original affidavits and
add thereto the action o Ihe
court in "refusing challenges
against Talesman Frampton, who
said he believed -McNamara guil
ty, but was willing to acquit if he
were proved 'innocent, and Tales
men Winter, McKee and Case.
THey also' "insist that it has been
proven by the record that the best'
attorney for the state is not Fred-.,,
ricks', but Judge Bordwell himself.
The defense lawyers are so
worked up that they openly as
sert they are willing to go to jail
for contempt if Bordwell forces
the issues, so that they can get
increased and' he quickly elimin- Lthe supreme court of the United
States to pass'on the questions in
volved, which include the consti
tutional rights of a defendant
They will cite Bordwell's rul- "
ing on the Morton case yesterday,
where he eliminated the veteran,
whom, they say, was obviously in '
full possession of his mental fac
ulties, because he admitted he
was a Socialist, and kept Tales
man Case, whose answers were
almost parallel, because he is a
member of. the iame fraternal or-r
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