The Bridgeport evening farmer., 1911-10-21
Judge BordWeII
 Makes Ruling On Qualifying Jurors
Anyone, With Opinion that Either Gas or Dynamite Was Used in Destroying Times Building, Not Un- biased Enough to Try the McNamaras.
Especial from United Press )

 Los Angeles, Oct. 21-That juror require strong evidence to remove re- garding the destruction of the Times Building. whether that opinion is that either dynamite or gas was used, is not unbiased enough to try James McNamara, in Judge Bordwell's opin- ion.
 After digesting over night the judges action in excusing Juror Jes- sen because lessen declared himself satisfied that dynamite was used, al- though absolutely unopinfonated re- garding McNamara's guilt or 1nno- cehce. both sides agreed that this was the only construction possible and both are we'll satisfied that the rul- ing will simplify future work of quail flying jurors.
 Today's recess in the trial was well comed by both sides because they were anxious to secure legal preced- ents affecting jurors who refuse to convict on circumstantial evidence alone. The state especially is engag- ed in this because of the action of the court in everything the objection of Venireman E. c. Robinson, who told the district attorney he didn't believe he could convict and inflict the death penalty where the evidence
 
 explained to the court that he would return verdict of first degree mur- der on such evidence, so long as the actual pronunciation of sentence re- mained in the courts hands.
 Inasmuch as the district attorney all other causes, this kept him on the jury and it will necessitate a peremp- tory challenge to eliminate him. should his decision stand. The judge, however, expressed willingness to examine the point and said he would reverse his ruling if he later found 1t was wrong.
 Despite the previous confident as- sertion of Detective Burns that he had a complete, direct case. District Attorney Fredericks. while this mat ter was being considered, just before final adjournment, last night, made the admission that much of the states case will probably be purely circum- Stantial.
 <'The state does not differentiate between direct and clrcumsta nt1al evidence" he said, land because or the peculiar nature of the states case, it is absolutely necessary for me to insist that any juror finally sworn to try McNamara shall be willing to take both direct and circumstantiai evidence, properly weigh them ana
 This is the first time any intima- ton has been given that the state does not hope to prove McNamar:. guilty by direct evidence and it is re- ported it is the direct result of the action of the Indiana authorities In refusing to permit the state to bring the dynamite, etc., unearthed In Indianapolis and other places, to Los Angeles. This action is known to be source of great bitterness to the prosecution, which has had expert at- torneys working to find some method whereby it can go into the Federal court to compel the Indiana authori-- ties to give up this evidence.
 It is reported that such an attempt would be futile and therefore the state will call witnesses who will swear to finding high explosives. etc.
 Attorney Darrow and other attor- neys for the defense insist how ever, that It will be impossible to 1n-l troduce this evidence at the present trial They say it might be material against J. J. McNamara but absolute ly improper against the present de- fendant. Yesterdays late afternoon dexelopments were fraught with sem
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