The Sentinel=record., 1911-10-24
IMPORTANT
 RULING MADE
JUDGE BORDWELL UPsETs CHER. SHED THEORY OF DEFENSE
 IN M'NAMARA CASE.
Holds Taleoman Nay Believe ExpIo- sion Was Caused by Dynamite and Still Be Competent
 Juror.

Los Angeles, Cal. Oct. 2S.-LegaI machinery in the McNamara murder trial reyolyed to such effect today that at the close of court a problem which had bothered everybody con oerned since the first day of the trial was solved, in the opinion of coun- sel and five talesmen were excused for various reasons. The half emp. ty jury box was filled again and on- ly ten men of the original yenre of 125 left
 By denying challenge of the de fense against Talesman c w. Me- Kee. based on the ground that while Mckee had no prejudice against James B. MeNamara the defendant he believed the Los Angeles Times was blown up by dynamite, Julge Bordwell upset a cherished conten- ton of the defense. The ruling was based upon the courts belief that in spite of McKee's opinion he could be an impartial juror. Of this the court is the sole judge.
 It was the position of the defense. unier Attorney Clarence s. DarroW that an opinion such as Mckee held, was in itself evidence that he could not be impartial in hearing evidence concerning McNamara, who is on trial for the murder of Charles :, 1iaggerty, machinist, killed in the Times disaster.
 Whether other jurors of McKee's frame of mind would be disqualified depended, the court pointed out upon the idivhiual instances and not upon any general ruling.
 The defense hel5 that under it's contention the Times explosion was caused by gas, man ought to be- lieye that theory or none at all, to be an impartial juror. After the court had announced his ruling, Me Namara's counsel still argued earn estly against it.
 Talesmen F. c. Robinson anu A. r Mcintosh were excused at the morning session because of their as sertions that they would not renler verdict of guilty in a murder case cn circumstantial evidence.
 Later in the day Willis F. Oliver and P. c. Thompson were excused because each was opposed to the Heath penalty under any conditions.
 F C. Hauser. vice president of a meas hacking company was excused After he iad said that his belief that the Times building was destroyed by dsEamite was matter of personal observation. This case differed from Mckee's Tor inc reason, among oth- CTS, that McKee's information was lased on indirect information such as newspapers and common report afforded. These sources of informa- ton was based on indirect informa- tion such as newspapers and common repOrs afforded These sources ol information are excepted in the stat ute but belief. foundei on personal knowledge or inspection. is not.
 That the rrling in McKee's case Will expedite tbe task of obtaining jliry was tbe expressed belief Of opposing ccunsel.
 T think we'll strike gait soon said Attorney G. Ray Horton, chief wial deputy Of the district attorneys office.
 Every day sees the procedure more clearly outlined.
 willie F. Oliver, pufoiia5iiis agent for a meat packing concern was the first of the new yeniremen examined. He had no prejudice aeainst unions and had always taken the view that capital and labor are two elements necessary.
 T have never found t necessary 'fo take any position to protect my self one way or anotherH, explained Oliver
 Oliver said he had never formed an opinion as to the cause of me explosion. He did not believe in capital punishment whereon Judse bordweIl exeused him.
 A F chayis vice president Of a meat packing company was examiii- ed by Le Compel Davis tor the de- dense Hnterrogation revealed 'hat Ahe packing company had had tron-