Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-14
First TaleSman Call d Furnishes
Plenty Of Trouble,
Aided by CCunsG!S' knowledge
OF The Play Of Law.
united States and California State
Laws Seem TO Conflict.

Los Angeles, Cal, Oct 13-Tonight,
after two days of court in the trial of
James 2. Mcnamara, for the murder
of Charles ]. Haggerty, a victim of
the Los Angeles Times exp s on and
fire on Oct. l, 1910, no juror had been
selected even tentatively and no de-
cision had been reached as to the
eligibility of the first talesman exam
ined. Although court proceedings
moved forward without interru ption.
the magnitude of issues involved in
the examination of z. T. Nelson, the
first talesman. made proceedings de-
liberate.
AT sunset, when court adjourned
arguments on Nelson's status remain
ed unfinished At the close of court
Sheriff William Hammel and d dep
uty escorted the prisoner, unman-
acled, from the Hall of Records
through the adjoining court house cor
ridor and across the narrow street
where his brother. Hon. J. Mcnamara.
is confined. awaiting his turn for trial
A provision in the consti ut on of
the state, differing somewhat from
the constitution of the United States
sections of the penal code reea ding
the qualifications of Jurors, ana a
contest over the meaning of the rec
ord of Nelson's examination, COM
bined to furnish points of contact
which affect not alcna the tai ssman
under examination. but every pros
psetive juror, and for this reason they
were stubbornly fought
The somber court room scene, whore
0nnNSinc e..
point Of advantage in the struggle
over a mans life was relieved once or
twice by touches of unconscious hui
NOR which seemed to appeal to the
court.
Once, when Gray Horton a boyish-
100 ing attorney, who single handed.
made the long afternoons argument is
Tor the state, assured the court he
was not intending to Swing an efiey
Of error to terrify Your Honor" Judge
Bordwell smiled broadly.
NO, no. he said understandingly.
By chance one of the cases cited by
Attorney Horton, showing the law re-
gal ding eligibility of talesman, was that
of Juror Arthur in the trial OF Abra-
ham Ruef, now serving a l4-year s.nt-
ence in san Quentin penitentiary for
bribery in the so-callsd San Francisco
graft cases.
Another case cited was the famous
one Of RED Shirt Gordon" who with
band of fellow convicts, fought his
way out of Folsom penltentiary in sem
sauonal break for freedom
The constitution OF California guarar-
tee a fair trial For all parties in iiti-
States guarantees such rights to the de-
PENDANT. The penal code of the state IN
der an act of the Legislature was in
tended. Horton declared TO enable in
telligent men 10 serve on juIies. and al
lows any to do so under usual restric-
tions who are not Of a Estate of mind
which will prevent acting with entire
impartiality and without prejudice to the
substantial rights of either party"
On these two propositions Attorney
Horton based his argument, contendIng
first that the rights of the state must
be preserved as scrupulously as those of
the defendant and further. that the
criminal code made express provision for
jury service for man of Nelson's frame
of mind.
interrupted in a declaration that Nell
son said he was without bias toward
the defence, Attorney Horton remarked
that il the record showed otherwise
Il was because the taiesman confused
the defendants own case with his eX-
pressed opinion that the Times build
ing was blown up with dynamite.
The record as read by Attorney Jo-
seph Scott of counsel for the defence
quoted Nelson as saying that he had
an opinion concerning Mcnamara s
guilt or innocence: that he had held
such opinion about four months, and
that it would take strong evidence to
dislodge it. Judge Bordwell announced
that he would go over the record on
this point.
Attorney Clarence S. barrow, chief of
counsel for the defence, made the ar
gument against accepting Nelson as
juror. after he had been challenged
| on grounds of bias, earlier in the day.
"Nn section of the criminal code can
change a mans constitutional rights.
was his opening statement "A de-
| PENDANT must be tried by a jury, not
! by ratification meeting Never be-
| fore have | seen an officer of the state
asking the defence to take a Juror who
J has sworn that he has held an opinion
| for months as to the defendants guilt
or innocence, and that it would take
| Continued on Page Twelve.)