Bert Franklin

Bert Franklin was a former detective for the Los Angeles county sheriff and the United States Marshal. He had approached Darrow for work and Darrow hired him as his chief jury investigator to find out information about potential jurors for the McNamara trial. Franklin was arrested for allegedly bribing a potential juror and a selected juror on behalf of Clarence Darrow. On Tuesday, November 28, 1911, Franklin was arrested at a street corner in downtown Los Angeles while attempting to pay money to a juror. Clarence Darrow had just arrived on the scene moments before the arrest. Franklin cut a deal with the prosecution and in January 1912 he testified before a grand jury and implicated Darrow in the bribery attempts. Franklin testified against Darrow in both of his bribery trials.

During the second bribery trial, Earl Rogers was supposed to cross-examine Franklin but he had to withdraw from the case because he was ill. So Darrow had to cross-examine Franklin. Darrow attacked Franklin but Franklin was defiant; he called Darrow a "briber" and flatly stated that he had bribed the juror at Darrow's direction. When Darrow asked why he had gone to the juror's home, Franklin replied directly, "To bribe Robert F. Bain, at your request." Darrow asserted that he had tried to get Bain stricken from the jury because he believed Bain was biased against labor unions, but that Franklin had kept him on the jury. Franklin denied this assertion.