Jasper County Democrat, Volume 15, Number 40, Rensselaer, Jasper County, 21 August 1912 — FIGHTS SECOND TRIAL [ARTICLE]

FIGHTS SECOND TRIAL

DARROW’S COUNSEL SEEK TO QUASH BAIN INDICTMENT. District Attorney Determined to Again Prosecute Chicago Labor Attorney for Jury Bribing. I.os Angeles, Cal., Aug. 20. —The fight of Clarence Darrow against a second trial on a charge of bribery growing out of the McNamara case was begun when the Bain case came up before Judge Hutton to be set for trial. A determined contention that the Bain indictment should be quashed was presented by Darrow’s attorneys, Rogers and Appel, and the court took :he legal aspect of the case under consideration.

In the possible event that the indictment is set aside, Darrow may be cried on a new indictment. District Attorney Fredericks, more determined than ever to prosecute Darrow on the Bain charge, asserted that he did not deem the grounds for the setng aside of the Bain indictment sufficient, but if it should be, he would 'very likely” bring another indictment against Darrow.

The arguments presented by Darrow’s attorneys against the setting of the case, and in favor of having the indictment set aside, were three in number. They contended that all the evidence in the Bain cases was submitted by the district attorney in the Lock wood case, and therefore a second trial would be useless. They declared the rule that the defendant must be brought to trial within sixty days from the date of the indictment had been disregarded. The third contention was that the Stare, in the Lockwood case, attempted to prove a conspiracy to bribe jurors, but that by the verdict, of acquittal, these charges were shown to be groundless, and the bringing of the defendant to trial on the second jury bribery charge would place him twice in jeopardy. 1 The further contention was made that on account of the widespread interest in the case that has just closed it would require four or five months in securing a jury and the cost to the county would be great.