Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-11-22
DEFENSE LOSES
LEGAL POINTS
Nine Jurors Thus Far Accept.
ed as to Cause in Nc.
Namara Trial
READERS OF TIMES MAY SERVE
Judge Bordwell Hands Down
Decisions on Three Dis.
puted Questions.
tBy Special Leased Wire to New Mexican,

tBy Special Leased Wire TO New MexIcan)
Los Angeles, Calf, Nov. 22.-The
defense in the Mcnamara murder trial
today lost three legal points out of
possible three in rapid succession.
Two challenges for cause, preferred
because of opinions expressed by
talesman F. A. Brode because a men,
Der of his personal attorneys firm is
doing work for the state in that case,
also was disallowed.
Whether it is the business of the
| court to see that men opposed to con-
viction on circumstantial evidence in
case involving the death penalty are
| excused, in case the state omits to
| challenge on this ground. was left for
decision until after Brodes examina-
ton.
Judge Walter Bordwell's ruling on
the challenges brought up to nine the.
number of sworn jurors and talesmen
accepted as to cause.
Interest on the challenges centered
around S. P. Olcott, a talesman who
said he believed James B. Mcnamara,
the defendant, and his brother, John
j., were guilty OF blowing up the Los
Angeles Times building and causing
the death of Charles ]. Haggerty
among others, for which James B. Nc
| Namara is now on trial. To District
Attorney John Fredericks, the tales
man frankly said he did not know
whether he could eliminate this i'm
preston of guilt from his mind and
| give a verdict based alone on this evi.
dence.
Judge Bordwell, the final authority,
decided that he could.
The other challenge against A. j.
Stevens also was OF particular inter
est, because in disallowing it, Judge
Bordwell upset in effect the conten-
tion Of the defense that reading the
Times is, in case in which the Tines
is interested, first hand information
as to it's attitude on union labor and
not newspaper report In the meaning
of the penal code. If this point had
been conceded it would have followed
that any talesman who from reading
the Times acquired belief that a
feud existed between the paper and
organized labor as a reNflt of which
the Times building was blown up,
would be debarred from the jury.
| Darrow is Turned Down.
| Los Angeles, Calf, Noy. 22.-Attor
ney Clarence S. Darrov, chief oi
counsel for the defense in the Nc
Namara murder trial, engineered to
day carefully planned attempt to
get new and more favorable ruling
Oh the elimination from the jury OF
men who do not believe in conviction
in capital cases on circumstantial evi
dence.
| The legal battle was considered un
usual in that theoretically such a jur
or is favorable to the defendant Oar
rows attack divided mo two parts
was without avail. The court reiter
lated it's ruling that the challenge or
this ground was for ths state alone
land it refused to compeI the state te
frterrogate the witness on the subject
before the defense began its examina
tion.
u 1T can't be law and it can't be jus
tice that the state can Use this chal
lenge when it wishes and not use il
when it does not wish argued Dar
row. 1T in effect gives the state the
advantage in the number of its chal
lenges. The state can't play with 8
mans life that way"
"The court will not excuse the juror
at the suggestion of tie defense,
said Judge Bordwell. 1.-The court doe:
not feel that the rights of the defend
ants have been endangered by the
course followed heretofcre."