The Birmingham age-herald., 1911-10-17
Two Other Talesmen Are Examined Without Rais-
 ing Protest
ATTORNEYS GROW ? HEATED IN DEBATE
Is Necessary for Judge to l. <. ne. Nelson Takes Stand SsSshe Court Questions Hi S Yes
 men Return po soN

seemingly cauAr Its first Snag, the | McNamara murt trial in an instant today twisted itself out of situation which had worried opposing counsel since last Wednesday and for the re- mainder of the day went ahead stead | fly.
 Could you set aside your opinions sufficiently to enable you to give a fair and impartial verdict?' was the crucial question put to Talesman z T. Nell son. Nelson had been asked hundreds of questions to elicit his views and ho had answered all of them without clearing up the situation.
 Tt would take pretty strong evil dence," he replied dubiously. District Attorney John D. Fredericks thereupon withdrew opposition to a challenge previously made by the de- fense on the charge of bias.
 There was nothing else to do after that question and answer" said Fred ericks later. 'The talesman disqual flied himself"
 Judge Bordwell himself examined Nelson at length. Nelson's discharge on fundamental grounds leaves the main questions raised during his examina- tion still not ruled on in this case. When court closed today two other talesmen had been examined by the defense. One of them, John W. Rob erts, a real estate dealer, was found satisfactory, and Robert F. Bain, a carpenter, also was examined without raising any contest. Nevertheless it xxroc he fai ir1u itijn tnn feyl,t that the Nelson case would be dupli- cated before a jury was obtained.
 Roberts and Bain both are past mid dle age and white haired. While being questioned by Darrow, Roberts reclted number of businesses he had en- gagged in. Suddenly Darrow caught a familiar phrase.
 Ever study law?" he asked ab- ruptly.
 "Yes,'' said the talesman, "a long time ago."
 He seemed pleased at the detection.
 The Merchants and Manufacturers association, a local organization which is among those offering rewards for the detection of the person or persons supposed by them to have blown up the Times, was brought into the situa- tion today. Roberts said he belonged to it several years ago.
 Bain may be examined briefly to- morrow.
 Debate Heated
 Debate on the eligibility of Nelson as juror reached the heated stage, making it necessary for Judge Bord- well to intercede.
 "The defendant had better be taken out by mob and lynched, than to be tried by a jury consisting of men like Nelson" declared Scott in a loud voice.
 T think we may proceed in an or derly manner" broke in MT. Horton.
 Mr. Scott lowered his tone, saying, We would shirk our duty if we did not insist on fair jury, and with 12 fair minded men, ga per cent of the task of administering justice is &C., comp1ished."
 ''So far as I am concerned, want to say that If this jury box is to be filled by 12 men like Nelson, the ends of justice will be frustrated. The peo pie of this country will be tempted to resent it. This is no chicken thief case"
 MT. Horton objected to MT. Scotts charge that the state was attempting to 'railroad' McNamara to the gal lows. .-
 MT. Scott" said Judge Bordwell, you are not at all justified in your animadversions on the district attorney and his staff. He presents the case on issues that arise as best he can. I do not think I would take the view that the district attorney is actuated by improper motives.
 Your honor" continued Scott, "I do iy,ly ho foh l, ( there has been tremendous feeling enA gendered in this case. Bitterness will have to creep in, but I wish to do no one any hurt wrongfully."
 Talesmen Return
 The F talesmen returned to the jury box when court convened in the after noon. Tt was the first time they had been in the chamber since Friday
 Judge Bordwell asked Mr. Nelson to take the witness stand and personally questioned him on lines indicated in the penal code, declaring talesmen qualified to serve even if they had previous opin- ions provided these impressions arose from public rumors, common notoriety or statements in the public journals"
 "If you were chosen as a juror would you, notwithstanding your opinion act mpartially and fairly on the matters to be submitted to you?'' was his last ques- ton. f2
 Its a hard question to me-
 But could your
 "It would take pretty strong evidence said Nelson
 The prosecution here withdrew it's ob- lection to the challenge of the defense
 Stand aside" said Judge Bordwell to Mir Nelson.
 John W. Roberts was the second tales man examined.
 Are you interested in the question be- tween capital and labor?'
 "Yes, somewhat"
 "Did you have any experience in your business with unions?"
 I've had little.'
 Did you get along all right?'
 Yes"
 "Since then have you had any feel ing against labor unions?"
 NO, not against unions, but certainly against violence"
 Now, you know the two McNamaras have been indicted for murder and that both are members of labor unions we are trying one of them would James B. McNamara's membership in a union pre- iudice vou against him?" 'sNo. not that fact" Mir. Darrow. who conducted the} exam 
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