Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-11-02
MERRY CHASE
AFTER TALESMEN
Majority of Them Dismissed
Upon One Excuse or
Another
LAWYERS HAVE ANOTHER BOUT
Dissemination to Covict on Cir.
cumstantial Evidence is the
Main Obstacle.

(3y Special Leased Wire to New Mexican)
Los Angeles, Nov. Five talesmen
were excused, one after another, in
the Mcnamara murder trial today. the
case of Talesman Louis A. Wilhelm
furnishing the greatest excitement
fol- counsel. Before being excused be-
case of his disbelief in circumstantial
evidence. Wilhelm led opposing ooun-
sci an exciting chase after the state
of his mind toward James B. McNa
Mamara, on trial for the murder OF
Charles J. Haggerty, who was killed
III the Los Angeles Times explosion
thirteen months ago.
Wilhelm said he had seen the Times
ruins, and judging from an explosion
which he had seen two years ago, he
thought an explosion must have oc-
Cured He appeared to be heading
toward a challenge by the defense
when he casually remarked he was
impressed with the belief that the
explosion was caused by gas.
Had Formed No Opinion.
But you formed no opinion, one
way or the other?' asked Darrow,
hopefully.
NO. said the witness.
"And you have no prejudice against
the defense or against the state?'
No"
"You may examine the talesman,"
said Darrow to the state, and District
Attorney John D. Fredericks immedi-
ately ELECTED claim for exemption
from Wilhelm as being deputy sher.
iff
He waived that yesterday" ruled
the court. GO ahead with the eXami-
nation
Wilhelm finally declared he would
not convict on circumstantial evi,
dence under any circumstances in a
capital case and was excused.
Romans Released.
Los Angeles, Nov. 2.-Today's ses
sion of the Mcnamara murder trial
! opened with rush. Immediately af
| ter the opening of court, Talesman
I Lorenzo Romans. challenged yester
! day by the state, was released by the
court with consent of both sides an(
with no reference at all to the grount
for challenge which was a statutor.
provision against any mental or phys
ical disability.
Various Excuses.
This left nine men in the box, al
accepted as to cause and three NOR,
veniremen, John Chambers, L. E
Miles and j. NJ. Hunley were selected
by lot to take their places in th'
box. Miles said he could not hea
well, and was opposed to capital pun
ishment. He was excused. Cham
bers was excused because he said h,
could not bring in a verdict of guilt.
or circumstantial evidence and tn
box was filled up again. Opposing
counsel soon involved themselves il
a tangle over Judge Bordwell's actio1
in excusing J. w. Chambers and
Fl. Hayes, neither of whom believe
in voting for conviction in capita
case, on circumstantial evidence. TIL
state argued that it had challenge
Chambers informally, but had nc
challenged Hayes, and Hayes was re
called to the box.
Attorneys WrangIe Over TaIesmen.
I I'VE now ask that a subpoena be il
sued for Chambers" said Attorne
Joseph Scott, of counsel for the d
fense. The request was refused.
Attorney LeCompte Davis for the d.
tense was refused permission to que
ton the talesman regarding his b
liefs on circumstantial evidence,
having been held previously that tt
defense could not challenge on tn
ground.
S "If you challenge this one cas-
= why don't you in the other?" Dav
asked District Attorney Fredericks.
"Just because we have an axe v
) don't have to swing it," returnt
Fredericks.
Davis then asked that Hayes nan
be put back in the box from whit
q names of veniremen are drawn
II fill vacancies in the jury box and le
t. there to await its turn. This w
h refused. Judge Bordwell closed Il
Il incident by announcing that he wou
# not examine any more talesmen
e to their beliefs on circumstantial e.
dence.