The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-14
AND
BIAS Of JURORS
Live Question in the Prelim-
mary Fight in the Nc
Narnara Case

Los Angeles, Oct. 14.-Further ar
gument as to whether e. T. Nelson
should be sworn as a juror in the trial
OF James b. Mcnamara, indicted for
the murder of Charles Haggerty, a
victim Of the Times explosion, occu-
pied the brief session of the court to-
DAY. From behind battery of law
BOOKS the attorneys for the prosecu-
ton and defense wrangled as to Nell
sons eligibility, delving deep into the
realms OF precendent cases on the bias
of talesmen.
Judge Walter Bordwell will render
a decision as to whether or not bias
or prejudice is contained in Nelson's
admissions on the stand that he had
formed certain opinions concerning
the blowing up of the Times building
which caused the death of score of
men and upon which the indictments
for murder against James B. McNa-
mara and his brother, John j., are
based.
A provision Of the constitution of
the state differing somewhat from the
constitution Of the United States Sec
tions of the penal code, regarding the
qualifications of Jurors and a contest
over the meaning of the record Of
Nelson's examination combined to fur
nlsh points Of contest which affect not
alone the talesman under examina-
t1on, but every prospective juror and
for this reason stubbornly were con-
tested.
The sombre court room scene where
opposing counsel argued for every
point Of advantage in the struggle for
a mans was relieved once or twice by
Of Iel,
seemed to appeal to the court. Once,
when G. Ray Horton, boyish looking
attorney who. single-handed made the
long afternoons argument for the
state assured the court that he was
not intending to Swing an eftigy of err
ror to terrify your honor" Judge Bord-
we'll smiled broadly.
No." he said understandingly.
By chance, of the cases cited by At
torney Morton showing the law re-
garding eligibility of talesman was
that of Juror Arthur in the trial of
Abraham Ruef, now serving a four
peniteitnary for bribery in the so-call-
ed 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 penitentiary in a
sensational break for freedom.
The constitution of California
guarantees fair trial For all parties
in litigation" whereas that of the
to the defendant. The penal code Of
the state. under an act Of the legis-
lature was intended. Horton declared
to enable intelligent men to serve on
juries and allows any to do SO, under
usual restrictions who are of state
of mind which will prevent acting
with entire impartiality and without
prejudice to the substantial rights Of
either party"
Horton based his argument. contend
ing, 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 a man
of Nelson's frame Of mind.
Interrupted in declaration that
Nelson had declared he was without
bias toward the defense. Attorney
showed otherwise. 1t was because the
talesman has confused the defendants
own case with his expressed opinion
that the Times building was blown up
with dynamite.
The record. as read by Attorney
Joseph Scott, of counsel for the de-
fense quoted Nelson as saying that he
had an opinion concerning McNamars
guilt or innocence; that he had held
such opinion for about four months
and that it would take strong evidence
to dislodge it. Judge Bordwell an
nounced that he would go over the
record on this point.
Attorney Clarence S. Darrow. chief
OF counsel for the defense made the
argument against accepting Nelson as
a juror after he had been challenged
on grounds Of bias earlier in the day
NO section of the criminal code
can change a mans constitutional
was his opening statement.
"A defendant must be tried by jury.
not by ratification meeting. Never
before have l seen an officer Of the
state asking the defense to take jur-
or who has sworn that he has held an
opinion for months as to the defend
ants guilt or innocence and that it
would take strong evidence to remove
that opinion"
The legislature in enacting the
penal code" added Darrow, perhaps
guards that surround life. and he re-
marked. Il presume We could con-
vince the states attorney here II we
got proof enough"
He intimated that a ruling adverse
to the contention regarding Nelson
would be considered ground for ap-
peal and it was upon this point that
in his address reassured the
court.
NO court Of appeal" said he
would even undertake to investigate
such a case unless there was great"
II don't think the court cares to
consider the possible action Of a court
of review" interrupted Judge Bord-
well and all counsel seemed to agree
While Attorney Horton was making
his argument Mr.. Darrow walked up
and down the scanty one third Of the
court room allotted to judge. defend
ant. jury and counsel. his hands be-
hind his back seeming to pay close