The Birmingham age-herald., 1911-10-22
DarrOw Thinks He Will Se- cure Jury By 1912
 at Best
BORDWELL TO RULE
 ON ELIGIBILITY
Mother of Defendant Did Not Arrive as Expected-Ortie McManigal Talks Freely of the Case
 But Says Nothing

Los Angeles. october 2.--A jury in the McNamara murder trial by January l. 1912 was the prediction made by today py
 Attorney Clarence s. Darrow. chief coun- sei for the defense.
 With no court session today opposing counsel took opportunity to finish up the work of the first complete court week in the trial Of James B. McNamara for the murder of Charles Hagserty in the Los Angeles Times explosion
 Attorney Dafrows statement was based he said partly on progress made thus far which shows three talesmen in the jury box subject to peremtory challenge but more upon the opposition manifes'eu by talesmen to infiction of the death penalty on ciroumstantial evidence or in some instances under any conditions
 Tt gets harder all the time to get jury in murder case. according to my experience. said MT. Darrow. The de- fense expects that this sentiment VIII form & considerable obstacle
 The state already has made public some of it's direct evidence in the case including the statement made by Ortie MeManisal
 duplicating the defendant and is known
 not to be dependent on cireumstantial ovi- dence altogether but District Attorney ]. D. Fredericks has taken the position that tho people are entitled to jury which will convict entirely upon circumstantiai
 evidence if a case beyond reasonable doubtis Is made that way, and this position was sustained by Judge Walter Bordweii.
 Next week probably win bring ruling
 as to whether tslesmen having no opin- ion as to the guilt or innocence of Inc defendant, but believing the Los Angeles Times was dynamited may serve as ju- TOT.
 The defense holds that a talesman can not be of unprejudced mind if those are
 his views.
 1 Mrs. Mary T. AlcNamara, mother of
 the defendant. did not arrive here today
 as was expected.
 MsManigaI Talks l Ortie MeManifal talked willingly to wis., itors without shedding any new light on
 the case He admitted being depressed by the suit for divorce filed against him week ago by his wife, but said everything else was all right
 Some 90 veniremen rejoiced today at
 their liberty out of doors instead of the captivity under the care of bailiffs in the McNamara murder case. Agreement of opposing counsel to pro- oeed in examining talesmen without full jury box enabled Judge Bordwell to ex-
 cuse all veniremen not already in the
 box until opening of the court of Mon- day morning, and only the six talesmen left at the conclusion of court yesterday were under restraint today. There was no session of court today. but it proved a busy day for nearly every one connected with the trial. The defendant, James B. McNamara, was visited by his attorneys, who dis cussed the situation with him. They also saw John J. McNamara, brother of James and secretary of the International Asso- citation of Bridge and Structural Iron Workers. TO his brother ''Joe" the de- fendant talks much about the proceedings and each day transcript of the .preced-
 ing days testimony goes to jail for the older to consider.
 The examination of the jury by opposing
 counsel is proceeding along lines not entirely in accord with expectations.
 Although the defense announced weeks ago its belief, that a fair trial is to be had, the open state of mind professed by jurors toward the de- fendant and generally toward the whole Il prise. An exceptions in this connection was Talesman E. J. Shower, who said he believed officers of labor unions had little respect for the laws; that they, CT some of them, were responsible for the explosion and fire in the Los Angeles Times building, and he be- lieved as he would believe any piece of general information, Ortie MeManagars statement inmplicating James B. Me Namara in this disaster. He was ex- cused. Of the other talesmen thus far examined, none of that frame of mind had been discovered.
 Salt Lake City, October 21.--Mrs. J. E. Munzy admitted today that she had signed a statement at the request of Los Angeles detectives representing the lprosecution in the McNamara case that a man who had given his name as Wil- Hams had been afforded shelter in her home for 0 period of two weeks fol- lowing the explosion of the Los An geles Times building She did not, how ever. she declares, identify the photo- graph of James B. McNamara as tho man she knew as Williams. q did sign a statement for the de- i tectives," Mrs. Munzy continued, and l remember everything that was in the statement, and 1t was all true.' l Ut is true added Mrs. Munzy. that
 was coerced into signing the state | p,put