Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1911-11-21
Man Who Declared He Would
Not Infiict Death Penalty
on Ciroumstantial Evidences
is Allowed to Go.
JUDGE RULES THAT
MAN Is EXCUSED
Bitterest Fight in Mcnamara
Case Comes Up Over Cues
tion of Grounds on Which
Dismissal is Warranted.
,sssess, cs,-s-pe.se.s. 70 En-. Rsrs,a,

Especial cssssspe.seses % shs Hsrsla)
Los Angeles. Nov. si.--0nc Of the
most bitterly contested points In the
Mcnamara trial was re.opened today
when Attorney Clarence y. DarTow,
chief OF counsel Tor the defense. pro-
tested again 10 the court against the
option he declared TO be held by the
state OF challenging tale,.nen opposed
10 conviction on circumstantiai eyi.
dence OF not. NJ thr states counsel
secs ~.
The privilege OF challenge on this
ground long aEo was refused the Do.
Tense on the gronnd that N such
iaiesman remained she defense bene-
iited thereby. Refusal Of the state 10
use the challenge coat the defense
two perempsory challenges In the
cases OF Talesmen w n Framplon
and A. G. Winter
when Tnlesmen NJ v Mooney was
challenged today ON this ground. Al.
iorney Dawow protested.
n isn't fair. he said "Tho state
leaves the men u likes and gets rid
OF the ones !, does not, by using this
challenge"
The challenge Ia allowed" said
the court.
Traver. asked by the court II he were
opposed 10 ths intiietion of the deafh
penalty, said he was in csses iavoiv-
/ ing circanstantinl evidence.
We hold tins man shshid be ~.
cused, your honor" said parfow
The statute and decisions are thas
a man with such belief shall NOT b.
allowed TO serve-,hst the court shall
hoi permit him TO serve"
Il viii look into your authorities"
said the court.
Trayer was allowed 10 remain Ia
the box until the point Ii determined
A tug OF war over Taieeman M y.
Mooney marked the McNsmnra mnr-
der trial today
=. l. vernilya. special assistant
districl attorney. undertook 10 see
whether Mooney. who was accepted
by the defense yesterday. had any
disqualifcations from the standpoint
VI INV lFtItlFA'a uHU NaNtNhIAN ~ OuINUWn
chief OF counsel for james n. McNa-
mara. who IL being tried for the mur-
der OF Charles J. iiagersy. victim
OF the Los Angeles Times explosion.
intcrposed an incessant arc OF OBJ
iections, most OF which we're overriico
by Judge Walter Dordweil.
The state finslly challenged Moo.
ney and he was excused.
Your objection has ,eeen over
ruled. Mr.. barrow" said the court,
iniefrnpting Darrow Al one point.
We have another ground for OBJ
lection. said Darrow.
ITS understood that YOU are OBJ
jectings ON all possible grounds. said
the court, let the taiesman answer"
After an hours work by Attorney
Vermilya, Judge BoFdwell took a hand
In the examination and then the state
challenged Mooney because he had
said he would MOI convict on ciFcum-
slanlinl evidence alone IN case IN.
solying the death nenalty.
Il object, said Darfow. The state
has no right 10 pick oni such iaieamen
a. u wants who make the same an.
swer his man did and pass them and
then exclude the men iGley don't wans
an the same grounds
rif The eoan please" cried As
sisianl District Attorney q Ray Hor-
ton.
= don't want any argument on The
point said the court
The statement H. unfnir, finishad
Horton. and took his seat
Tho challenge ~ allowed. said the
Judge. You may go Mr. Mooney"