The Detroit times., 1911-11-04
M'MAN|GApS STORY MAY
NOT REMAIN ON RECORD
Prosecution Must Obtain Evi-
dence in Indiana If His
Narrative Is Used.

LOS ANGELES. Cal. Nov i.--Be-
cause OF the Importance OF decision
By the Indianapolis courts regarding
the disposition of the evidence there
IN the Mcnamara case both sides in
the trial here united ia securing an
adjournmnet of the trial until Mon
day. As result, today's session was
devoted BY Judge Bordwell To guam,
fying a new venire OF 40, summoned
IN the case
The prosecution and defense are
i'm q peculiar position as a result or
the qualifications I'm the Indiana cap
ital. They cannot predicate char
lenges intelligently until they know
Just what action is likely there.
Should the state win i'm Indiana by
the government taking over the evil
dence and then turning II over 10 the
California authorities, the prosecution
might not have 10 utilize as many per
emptory challenges as IL would II the
contrary were the case. This is espe-
oially so in the cases of several jurors
now in the box who, while opposed to
the defense. are unalterably opposed
TO circumstantiaI evidence in capital
cases, so they would vote to acquit
Mcnamara unless evidence OF the
most positive character were pro-
ducod.
The defense is also depending upon
this. especially i'm view of the fact
that Ortie McManigals evidence could
hardly remain i'm the record should
the state not have in hand checks,
IN A n
OF the ironworkers TO substantiate
charge OF conspiracy.
beginning with the decision in the
case of Spies, the Chicago Anarchist,
and following down the line 10 the
Representations case, at Boise, II
has been the universal ruling OF courts
that while the acts of one in con
spiracy are the acts of all and there
fore hearsay evidence, is admissible
where given by one conspirator
against fellow involved in the al
legged conspiracy, yet unless this sort
of evidence Is absolutely corroborated
from independent sources IL must be
stricken out of the records. There
fore, unless McManigals story is
backed up by Burns own statement
and checks, drafts and other evidence
which 1t is alleged show positively
that prior to every explosion result
ing from an alleged conspiracy and
invariably following each, money pay.
ments were made by John j. McNam-
ara to outsiders from fund for which
no vouchers were returned, IL is un-
likely any of Ortie McManigal's story
of James r. McNamara's movements
in California will ever be left in the
record.
While today there was a lull in the
actual trial a battery OF lawyers on
each side is closely scrutiniZing the
record and listening to reports OF de-
teetives who have examined the rec.
ords OF the IL men in the jury box
preparatory TO the interposition or
peremptory challenges. These are
expected to begin Monday afternoon.
II is considered certain that the
twelfth man in the box, Talesman
Andrews. who has been challenged
by the defense. will be excused Mon
day despite District Attorney Fred.
ricks' frantic efforts TO qualify him
because he freely and frankly admits
he has an absolute belief that Nc
Namara is guilty. He is former man.
ager of Gen. Otis ranches, and Is a
foe of labor unions.
The defense is complaining today
over the action of Judge Bordwell in
eliminating from the jury box late
yesterday, II. V. Blenkiron, a real es-
tate dealer, on single answer made
during an examination which lasted
three hours. In deciding the cases
OF Jurors Winter and Frampton, in
which he oyerruled the challenge for
cause interposed by the defense,
Judge Bordwell severely arraigned
Attorney Darow for "segregating GER
tain answers and therefore predicting
the newspaper Interview in which he
alleged bias, on isolated statements
instead OF on the entire record"
Throughout the entire examination.
Blenkiron insisted he was perfectly
fair and had no conscientious scruples
against capital punishment where the
evidence was circumstantial. unless
such evidence was very weak. How
ever, he admitted that he might have
told a story OF a friend of a supposi-
tion case where clrcumstantial evil
dence was improper, and on that
Fredricks based his challenge which
Bordwsll allowed over the bitter pro-
test of the defense.