Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-03-31
EVIDENT THAT STATE DOES NOT
INTEND TO INSIST UPON
MAXIMUM PENALTY.
PRISONER SEEMS WELL,
BUT VERY NERVOUS
Took Great Care About Personal APP
pearance When Preparing to Go into
court-Town of North~ood Crowded
With People There to Attend Trial
Court Room Crowded.
Special to Times Republican.

~1kSSAeeA
Northwood March 31.--The select "
of the jury in the case of Ed. McNa-
mara, charged With the murder of his
father, was begun before Judge CLARK
in district court yesterday. County
Attorney Kepler is asking; no questions
regarding feelings of the iurymen upon
the question of capital punishment, sc
it is evident that the state does not in
tend to insist upon a verdictsfor the
maximum penalty.
When the noon adjournment was
taken, three jurors had been passed
and two excused for cause. 1t is not
thought that there will be any great
difficulty in getting jury. The sub
ject upon which jurymen are examined
most closely is concerning insanity as a
defense. That they have read or heard
accounts Of the facts surrounding the
shooting does not Impress the attor-
neys as being cause for challenge.
P. j. Mcnamara, a brother, and Mrs.
Houlihan, sister, were in court this
morning and sat with Ed. Physically,
the prisoner is in good condition, but
he seems very nervous, and OCCASION
ally starts suddenly at slight sounds.
He sits with his eyes fixed upon the
floor, and seems to pay little attention
to what is going on. His lips twitch
spasmodically, most Of the time. He
evidently took great care about his
personal appearance wherl preparing TO
go into court.
Hans Peterson, Of No.thwood, and
Fred Kalstorf, of Manly, were passed
by the attorneys upon examination.
Otto Kalhein and Melvin Gesme. f
Fertile, both stated tina: they had
formed opinions concerning the case
which would require evidence to re
move. They were excused for cause.
Court Room Packed.
The court room was crowded an
hour before the Mcnamara case was
called. A number of the people were
jurors, but many were simply curiosity
seekers. The town is so crowded that
it takes m hour to get a meal at any
hotel or restaurant.
The grand jury Of the county was
ClApdAClOu III Lie IlAO1 A1il6 WIFI 0uS
Toye as foreman. The reported no
business inside of thirty minutes, but
the court declined to excuse them until
after dinner. He thought that there.
might be some other business diseov-'
cred.
Neiehbors Not Wanted.
It is noticeable that people living in
the Mcnamara neiglborflood are not
wanted very badly on this jury. All
except one man have Keen excused
for cause. William Borchardt lives
near there. Most Of the men from that
part of the county have expressed de-
cided prejudices in the matter. The
defense has had consultation with all
of the men who are from that sec
ton, who have expressed themselves
as having opinion. What they expected
to learn is not known, but it is sup
posed that they hope to get some help
in establishing the history of the de-
PENDANT.
Judge Clark last evening ordered
another panel of ten men to be drawn
from the body of the county. 1t was
decided after a consultation with the
attorneys that more than the seventy
five men drawn would probably be
needed. A great many OF the regular
panel were excused by the court at
their own request. If more talesmen
are needed after the new panel is ex-
hausted, talesmen will be drawn from
this township, and not from the body
Of the county.
Spirited Argument.
An argument that was spirited while
o,n
tween County Attorney M. H. Kepler !
and Attorney Marley, over the exam
nation of c. j. Nelson. MarAley asked |
the juror if he had any prejudice !
against the defendant"
The state objected, on the ground
that he should say for cor against"
saying that it was an indirect way of
learning the opinion of the witness
the matter. The court at
irst intimated that the question would
,or the time stand, but after the aft
srnoon recess announced the ruling in
'avor of the states contertion.
Is in Contempt.
One r. Robinson, a juror, is techni-
,ally in contempt for falling to ap-
bear when his name vas called this
afternoon The sheriff has been in
'tructed to get notice to the juror, and
zee that he appears before the close of
he term. The judge intilnated to the
;ehriff that unless the man appears in
he near future a bench warrant would
,e issued.
Medical witnesses for both the state
Ind the defense were in court at diff
erent times during the day. DR.. Kean,
d the medical counsel for the defense.
vas in court all day. Dr. Hurd, chief
medical witness for tie state, APP
feared In the afternoon. DR.. G. H. HILL
veil known Des Moines alienist, will
appear with the. counsel for
he defense in the course of a day or
wo.
That but few women, except those
Interested in the case, were in attend
nee, was very noticeable There were,
owever, a number of school children
here. There is nothing in the case
There 70 Only One