Montana news. [volume], October 26, 1911, Image 1

About Montana news. [volume] (Lewistown, Mont.) 1904-191?

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" MONTANA NEWS _--_I
OL VL AM. O T TALaT AnYMM.
VOL. VI, HIIJ A, MI01TANA, T IMDAT, OCTOBI. 26 1911 NO. 46.
Darrow Clashes
With Judge
Tae Ruling of Judge Bordwell
krouses the Ire of Attor
ney Clarence Darrow
Lee Angeles, Oct. 28.-The polni
was 11`d and late In the day Wattet
N. itraapton, a farmer, was challeng.
ed because he believed both James B
MceNamara and his brother. John J
were gullty of murder in connectior
with te Tlme disaster
The court deterred rulhing or
Fram'pton, who on examination b)
the state, made apparently conitra
dictory statements and Darrow stop.
ped the trial on its tracks.
Cowmleubln of Defenre.
It is the contention of counsel fot
the defense that they did not know
how to save their peremptory chat.
lenges. nor when to take chances or
accepting talesmen as to cause unleus
they know the exact status of every
man in the box.
"I am going to ask to have tht
challt.ng.e paMsed on now. I want a
ruling of the court." said i)arrow,
when the' court had announced that
he would examine the, record in the
F'rampton case.
"Now, Mr. Darrow," said Judge
Hordwell, "thiere is no occasion for a
remark like that. I am going to take
time to examine this record."
GoUtn to Make ReI~rd.
"I am going to make my record,"
said Darrow, "and ask the court to
pass on It now and refuse to go on
unless it is passid-unless we know
who is in th. box--lath as to Iramp
ton and Winter. neither of whom. in
my opinion, should ihe heri a min
ute, I object to the ir mixing with thi
other jurors."
"M'r. IDarriw, these c'hallennges will
not Ihe pii.ast.d iin until toemorr ow
morning." reiterated the couiirt.
Ierfniw to ItiN'fd.
"Thew we rem.... r.-ITA I)O()
"Then wei reifuse to, go on. It !a
fair to us to know what kind of jurors
Ihe taken whi n we make our examina
tion, so we may know what kind of
men we have got to challengie per
emptorily and what kind of men will
be strick(n off by the court. upon
what we be.lieve is sutficient showing
of cause We propose to have our
rights In that. If those arie our rights."
At this point D)istrlct Attorney John
U. Fredericks suggested that court.
prisoner and counsel being present in
court, he did not lsee how counsel
could well refuse to go on.
DImrows's IDemantd
"We have a right, your honor, to
know who is in tht jury box when
we examine," said Darrow. "We have
the right to have it filled and know
who are jurors and who are possible
jurors. We must have our motions
passed on as they come up. I am
going to ask to have the jury box
filed and have every motion passed
on, every challenge passed on, as we
go along."
The Court. Now. Mr. Darrow, I
am not going to pass upon this matter
until tomorrow morning. That is
set.led."
Ready to Object.
Mr. Darrow. "Then we are going
to object to the examination of any
passed on, both as to this juror and
the other, Mr Winter."
The court: "Do you desire to have
this box filled ?"
Mr. Darrow: "Yes, sir."
The Court: "At the present time ?"
Mr. Darrow: "Yes, sir."
The Court: "Very well, f111 the
box."
"We understood you wou;d pass on
Mr Winter at 2:00 o'clock," said At
torney Scott for the defense.
"I expected to," said the court.
Box Filled.
The box was filled and the judge
asked the new talesmen whether they
were opposed to the death penalty
and then turned back to Darrow.
"Do counsel for defendant wish to
examine them?" he asked.
"We refuse to go on until we' know
what jurors are iI the box-until out
challenges are disposed of." said Dar.
row.
"We ask the court to examine the
jury then and select a jury hlmsef,"'
cut in Fredericks.
Court's Ruling.
"We will examine them If the
court says we must go on." said Dar
row, and the court replied, 'That it
the ruling. Mr. Darrow. that you must
proceed."
Darrow entered an objection which
was overruled, and took an exception
and then took up the examination of
Talesman E. J Lee, which was under
consideration when court adjourned.
DEFE;NNE (-IET NIF' BACK
1'lut which Was .Agmd by Darrow
I Isecided lin Favor of the State
Judge RoIdUll Makes Ruling upon
Quall.astion of Jurore---irt Panel
In Almost Exhalsted.
Los Angeles. Cal.. Oct. 23.-Legal
machinery in the McNamara murder
trial revolved to such effect today
that at close of court a problem
which had bothered everybody con
cerned since the first day of the trial
was soiled in the opinion of rodnscl.
and five talesmen were excused for
various reasons. The half empty jury
Iox was filled up again, and only 10
men of the original %(n-ira, of 12S
werte lft Inside it.
Ity denying a challenge of the de
fens.' against Talhsman (ieo, W. Me
K.". I;uiasd on the. ground that while
McKee had no prejudlice against Jas
It. McNamara. the defendant, he he
lieve,'d th," Los Angelis Tim's was
blown up by dynamit". Judg'e lord
well upset a cherish.ed contention of
thei defense. The ruling was Iha.,
ule)n the court's Ibelief that in spite
of McK.e's opinion he could and
would be a fair and impartial juror.
)Of this, the court is hIe sol'e judki.
It was the position of the defense un
der Attorney ('larence S. Da)rrow that
an opinion such as McK.ee had was in
Itself evildence' that h,' could not be
impartial in hearing evidence concern
ing McNamara, who is on trial for the
r irder of ('has. J. Haggerty. a ma
chinist killed in the Times disaster.
Whether other Jurors of McKee's
frame of mind would be disqualif'ed
deipended. the court pointed out, upon
any general ruling.
Defenmse Isn tubborn.
The defense held that under its
contention that the Times exploelon
was caused by gas, a man ought to
believe this theory or none at all to be
an acceptable juror, and after the
court had announced his ruling, Mc
Namara s counsel still argued earn
estly against It.
Judge Bordwel.'s ruling, essentially,
was as follows:
"Juror McKee testified that hei had
a definite opinion as to the cause of
the exploalon and that It would re
quire evidence to remove that opinion.
He has, however, stated positively that
notwithstanding that opinion, which
as he explained, was formed entirely
from reading statements In the pub
lic journals and public rumor and no
toriety, he could act as a juror In this
case Impartla.ly and fairly upon the
matters submitted to him.
* * 0 "1 do not think the court
is bound by the mere statement of a
prospective juror that he could so act
It is a question of fact for the court
to determlne. hut if the court is sat
isfied from either the juror's stand
point of the circumstances which are
available, that he can act thus fairly
and Impartially, the court has no dis
cretion but must allow that the juror
Is qualified."
"Now, do you think that under that
condition upon that matter, he' can
act fairly and impartially?" asked At.
torney Lecompte Davia for the 0.
fense.
COnt Gives Reasems.
The Court: "I think so far fre'
the testimony of McKee taken as 1
whoae. I have examined it careftul'
and considered it, and taking into c*n.
Wlderatlon all the questions asked at
him. and all the answers whisk be
has given. I cannot upon my ooas-.
ence, come to any conclusion other
than he can and will act fairly alq
impartially upon all matters submit
ted to him. Being of that opltelo,
as a matter of fact. I must come to the
eonciusion as a matter of law, underi
this sub-divialon of the penal code,
that the juror is quallied."
After coniderable discusion, the
court again elptained his position.
"The ultimate question which we
are seeking to determine, is whether
or not, notwithstanding his opinion,
the Juror can act impartially,' he said.
"If your honor please," asked At
torney Scott for the defense, "will that
govern also as to those jurors who
say they have a strong opinion, and
that it will take strong evidence to
remove it. that the bul.'ding was blown
up by gas?"
The Court. "Why do you ask me
that question now?"
Mr. Scott: "Because we want to
know."
The Court: "You will find out when
we come to It. Do you think that I
would use one side any differently
from the other?"
Mr. Scott: "No, Sir; but the district
attorney has takin that position."
"From McKee's testimony as a
whole." ruled Judge Bordwell, "I can,
not e.,me to any other conclusion but
that he will act fairly and impartiall)
ly. and though he. has opinions on the
cause, he auppears aidle to set them
aside, therefore, the challenge will not
le allowed "
('onm'ul ('lahunw With Judge.
"Will that govern ail cases of jur
ors who have an opinion on the
cause?" inquired Attorney Joseph
Scott of the defense.
"Why do you ask that question?"
said the judge.
"Well, we want to know where we
arte at."
"Do you think I would act partially
to one side or another? W 'II pass
Woman In Grip of System
"Pennlless Italian Women Asks
that someone adopt her child."
Alone and penniless., n this world.
I1ache. Paca. 22 years old appeared
before the matron of the Y. W C. A.
of Helena. and displayed her pitiful
condlition.
The matron telephoned the sheriff
who investigated the case. She wants
to give her youngest child to some
kind hearted person. She is a very
good housewife and is eager for em
ployment, but at present she Is taken
care of at the Jail until she is able to
be on her feet.-News Item.
go the system of exploitation has
arrived at such a point that it is not
satisfied with the product of the la
borers' toil, but It now is generated
Now Read Thiw.
By John Chase.
You have an opportunity to strike
a tremendous blow for the freedom.
not only of the working man, but the
freedom of the working woman.
There is a petition circulated
throughout he United States request
ing Congrees to submit to the legisla
urea of the various states for ratifica
tion. an amendmnent to the National
Consitution which wil enable woman
to vote as well as man.
The working man is about to use
the ballot for his emancipation
Do you want your mother, sister or
daughter to be able to use that power
with you?
Remember there are millions of wo
men mothers, sisters and daughters
who are obliged to work and slave
in order to live .nd support others.
Are you going to adow yourselves to
be weakened in the great conflict by
having those so closely Interested with
you, so closely allied with you in the
struggle deprived of a chance to pro
tect themselves?
The laws of today, in a great many
states, place woman, politicatly' upon
the same basis as MULDIS, IMBE
CII and CRIMINALS.
A mule cannot vote (if he could he
would raise a ruction), and Imbecile
cannot vote (supposedly, but a lot of
on each side as we Come to it,"re.
plned the court abruptly.
Los Angeles Cal.. Oct.-Every dau
Lhe McNamara trial developes featurea
tadling to show tle lie that will be
followed by the defeIem and the pro.
ution when the trial of the case iI
taken up after the Jury Is In th,. box.
Pending the decision of Judge Bord
well, whether a juror beleves the Los
AaItees Times was dynamit.,d, but l
till willing to sanume Jan. It. Mc
Namara innocent of murder, is elllg
ble to serve on that jury. th.- .defense
i continuing its effors. to wg.t 12 men
ho have even as Iasablan.c of fair
bo*s into the jury box.
None of the preolems pre-emptory
hallengsl have been used as yet.
ltongh Clarence Darrow hasu h,n able
M get rid of a number of tal,-men
b_ simply challenging for cause,. After
the disposal of Z. T. Nelson, the re
tIred caplitalit and support. r of the
labor- hating Chamber of Commerce.
the atmosphere has cleared consider
A whole week was consummd in get.
tag Nelson out of the way, d.spite the
fest he openly admitted he was pre
jaileed and biased and that no
amount of evidence would change, his
Il"ison
It Is generally admitted Pr,.s, cuting
Atterney Fredericks made a serious
blunder in resisting the challenge of
Nelson.
Fredericks presents a poor -I etaclh.
in th.e case and Darrow boisla him
over without the sligthest diffliculty.
In a sharp clash Job Harriman made
the district attorney look riliculous
wh1en the controversy hinged ,n cer
tal rights in que.stioning jt,,,.
At every turn it shows that th, e.f
feet Jf the Times In cicjl.tliig its
Infamous pamphlet has been all that
Otis could have desired. Prl,p.ective
jurors say they r.c'i\ved and reid th,
pamphlet and though many -f th, I1
are eager to qualify. their lplpabld,
prejudice make that highly und, sir
able from the viewpoint of th. dh -
fense.
If no steps are taken to stop the
cir,Altion of sieh lIteratur. thce,
will be little hope of getting . fair
jury and in the' long run the I. f. n.e
(Continued on Page 4.)
ti such hlil tfichi ncy tha it t rIs Nthi
loving moth.r of her tender child.
Marvelous system.
This is the system that is upheldl
by so many thousand people that it
is naturally considered the par-"-
c.llence of the social world (that is
the majority adowed the system and
therefore It is their desire.)
There was a time when man en
slaved his fellow man, but that is an
cient history, then with that system
abolished, for some Inexplalnable
cause, the enslaved the black man
That period passed and now It regains
itself and now the rich man takes the
helpless chlid from its weeping mo
ther. The child has no say in the
matter.
them do), and criminals (who are in
prison) are denied the right to vote.
DO YOU WANT YOUR WINE.
MOTHER, DAUGHTER OR 88liTER
PLACED IN THE SAME CLASS
WITH MULES. IMBECILES, OR
CRIMINAL. ? I deny it.
Do you know those who oppose
woman suffrage? Well here are a
few:
The women of the "400" who have
their Mp dogs, monkey dinners and
sprees; they hold up their hands In
terror and call it un-feminine and un
lady like.
The owners of factories in which
are employed children, because they
know the women will do all in their
power to help and portect those that
they love and cherish Those capital
ist who would and do exchange the
blood of the little ones for gold
The Sooialist Party has flooded the
country with petitions asking Congress
to suhmit this amendment
Every labor organisation should
take this matter in hand as the So
cialist Party Is doing.
Everyone who beileves in personal
liberty should sign.
Congremman Victor Berger, the first
genuine representative of the .erklng
clan. will submit this petition to c'on
grew. and fight as only Berg, r can
fight
SEMANCIPATION OF THE c'IILD;
Il.ET TIlE WOMAN DO IT.
,Dynamite Under
Taft's Train
Tall and Short Man With Dark
Whiskers Not in the
Case, However
The LItest "PoL.
By O. W
That dynamite plot to blow up Pre
sident Taft's train was enterprising
very-but wasn't it a trifle stupid?
Coming so oportunely-Just at the
opening of the trial of the McS a
maras on the charge of wrecking the
Los Angeles Times building--t is cal
culated to make the most unimagin
ative enemy of "lawlessness" wonder.
Mankind is painfully suspicious, and
a bomb manipulator Inspired with th.
intelligent purpose of "freeing the op.
pressed from thralldom" by redhcuing
one president In to fragments in ord, r
to make room for another Just like
him, can scarc.ely complain it his
"'lofty moti\, is misconstrty d wh. n
he selects the beginning of a dyna
mite trial to Ki\e th, gre.it American
p* opl' a n.-r\e Jag.
4 n.' .an aimnst picture the pros~
.uting hlay, rs in the I.",s .\ngu.,.
c. 'urtro, .m arr~sting the pr ,c..ltin :c
Iong nough to rm,mark: ""Excý-. us
% hil, e shu lldder'" and can fairy
hiiar an ad\-ance echo of the oraltory
in w hich the awful peril of the nation
is depict.d for the. b.ne.lit of the
trembling jurors. An ordinary bridtge
were'king just now ,lould ha\. suttClie d
to set thb* nerves of all g',,dI 'foks a
qtildv ring, but for a ral thrille.r a
g..nuin, .Messina (tarthultok., jumble
of the elem.nt,. or cy'lt 'h urst of
" ronser",r ,utt ,"" t. rrr. .\ i ni t , r
:a pr, si.lenti.il tr1 ,n \u a rItabl
inspla. tin, a I" tours. , th, fri, nds
and fehoxl. h bomIIb mak r.. 1 tlhe .1 -
N.mar; s i* r,. , ..e:, r t. -* *. suth a
(b.mn.,, t"' olurs1 tht, .r .t, ule...
'Pu Ioi snlr , tit - ',, ] r tll ' \ ulit
\..s frfrr.. ni f 1. \, '. i n oIIf n ru
Ill). it cruldn't , , - 'hl.. I Mr Tilt
:an ) harmn. The 't unmi, 1.1 int, r.
Th, railrads cnt.lu, t, crijppIl.
rand matim the pt "I . et.ts tontinuh
to jumplnI the tr Iks, intl again th
tame reasln is given. spr. ading rails."
Two trainmen were s, r iustly injured
and several hundred piassengers iadly
shaken iup when train N,. 9 running
toward New York ove,r the Laekawa,
na road was dterailed near l)ela, awar
W'ater C'ap. Splreadlng rails caused
the ac'ident. If ritaroad comp.tanb
emplotyed a sufftictient ntntumber of mai'I
ttnance of w.any emnployes. paid tht n
living wages and estalshlhd a schtel
tile of working hours that would give
them sufittctnt time to rest and re
cuperate, there would be fiw accidents
on accotlnt of spreading rails The
maintenancle of I ay emplo)yes on thte
L.ackawanna rlalroad were compi lIed
to strike recently on account of intol
erable conditlons of lahor, and now
the traveling publlc is suffering as
a result
ltrike Breakern litrike.
MeCt'omlb, Miss.-An engine was tl,"
ratild last night in front of the gen
tra.i toftit* In this city.
All the strike breakers h,.re struck
y3esterday and were given their money
The) eire taken out of the city on a
special train of ten box cars.
One manl;, who Is not a striker nor
a strike s. mpathlzer but is thought to
e) .L strike breaker, was arrested I)3
the Unit'ttd States mlarnshua for disturb
anci s and taken toi Jackson for trial.
Im,.rIn I verted
NaI\\ raitIans. Lt.-The Illinois ct'n
tra has . t iiits train tonnage 500 tons
a:nt hIas adItl)pted golverlnlment houllrs In
the, l..1 .hltpIs. The wa rehtlouses all
l s, up i: ht at 4 ot'tock.
Th. 'l i itri i againtast all c(nnl cting
lin,- ih - i paut in Iorel .ind all E1ui
r p. (,In 1 Is hate been diterted to
(;alt , , .-I Mobile,. The IllinoIs
t '.C n tr. I - n p , t 'l) ti, d u p .
' ) .. i' n \ is [ling Its best to get
It"ll I, t i Iltrn to work by promnls
considerately made sure that there
was a watchman looking on and ready
to rush forward, interrupt th*eir pro
ceedings and discover the exploslves.
And even if the watchman had gone
asleep or got drunk. the worst that
would like.y ha,-, happened would
hayve been the destruction of an arch
of the bridg.. It only tak.es a mo
ment for fast train to pass a given
point. and a hurning fuse is so Insen
sible to the virtous impulse which
aims at pulvrizinc the ruli.rs of na
tion that it can't 1, r-lied ,in to "co
ffr" Just when wanted.
But wh, n tao union labor l.,iders
are oin trial fr th. aielged dlynamit
ing of an unfair' e.stablishm,.nt. th,'
mnre dlsco..ery of t.xpolsli\.s uind,.r a
Irilc,. built bI nl,n-union workmin
andl about t I.. I. ir.lssed by ;a prsi
rlinti.l train , *it:.- suuttci.nt. Th*
* l,l"i, ,n a.in ,e, . 1,ry w ,ll ,iispl.n. ,,I
• ith lIarl-i ,,rkin det. cti, l ,. far.
IuIl I. st thi !r ardlliuous effrts may go
f" r i i llht. mtii t n. (-d regart stuch
In o r, frr li. ne Is * s pcial int rpo)si
tin in th. ir I. hall.
Ir I.. ,, thi a hole affair has a: sort
I e,.. stial" l,,k-nobody hurt, th.,
rilr,,:oad' lprperty saf,., Mr. Taft's
comfort i1ndi-tlirbed. dynamlt,.rs not
.hot (.I, lpit, tih. fact that the. faithful
a.ithemlln cirt-ri ian automtiai r%\-vl
'1X r I , ·le* il Ii. im m. diat el. in p,,1s·.es
si.n of a lih'. to th, "plot. h. ric
al ht ,h t.in r. iidy f "r aI r* iard. .-t.
ito t l1n t . Tyb nl,, i h11.. l{,>
'T'h, ,,nl* .h .,I,+\\ "f : 111 in th" ,tint
lle+nt " t 1 If .,,rll. und.ln i.l l., 14,'" ,.
Liaw and ,ri h I I r.i . ri l th t1 r, ma'k
tIh t th. ,,nl\ I.* r- in+ w hirl the I"ld. t'
ii1,l h sib 1i hurt are the a. cus. I
McX.Nlrn ,t . ,." and that if Prl ti. n,
h.il ha:d a Ihand in the Job it would
h.\ e. ih n mrnr clt. rly done --I'thlic
Sian,-rch ip.
iig11 h tt, r p'·1' ,llld ilIllr x ,I ,, lh.
thnll. \\ 11rk. ltlt not a sing. le in
his .n, l..o ik. Th n mi n rit ii. -
t rnimin, d t, stick t .L, th, r t. tit lest.
enrnitl..s .iln it t I lfriitgh.
Ti., husin. ss inrrests of N. 'w I r
lans ar. howling tor .a s, ttlh In tit of
tihe sttike and are brilniing great
pr a.Mret to hear against th1e company
to acclpti tihe t rms oif the strikers.
The cttun intrtests, esp,t ctllly. ar,
demtnl:aldin .a t. ttlnement, as the busi
ness* at this port has he IIn almost ruin
ed by the strike.
E4lmislmG (;o Ir4ad
Laramie, t )kil.--Ftourteen engines
have died within the last twenty-four
hours and all passenger trains are
from two to li\v hours late. Only liv,,
stock fri. ght trains are plassing
through Laramie now.
('ane Are w1ort.
Sacrament. tc'al.-A serious short
age of cars fir even live stock and
perishable goods is already facing th,.
Southern Pacific
I1 the IOakland yards there are 600
"li d-iordher' cars, in RIoseville 150, and
henr there anr 450. These cars arm
shuntd t wllhat Is call.d the "rip
track . whierei they are awaiting Iadly
ne-idd.h re-pairs, which cannot he made
until the strikers return to work
Rad In Bad Shape.
East St. Iluls. Ill.-The strikein
on the :,ids. Merchants & Wiggins
ferry lin.", which has continued rmonur
than a month, looks bright for the
union men. Strike breakers are all
Inexperienced men and the service is
demoralized. The boys ar, confident
of a inning.
The Illinois Centra' is in a cery bad
way No freight is bi lug handled ex
cept live stock and perishable goods.
All strike breakers ar- inexperienced
lmn, and th,. trains are late
Threats are being made to prosecute.
the Illinois Central for peonage, as