The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-18

less than a month were not considered
bright.
Clarence S. Darrow, chief counsel
for James B. Mcnamara, said the de-
tense would continue to examine for
cause the remaining veniremen, but
would return each day with few
questions to the talesmen previously
accepted Two important principles
have been acknowledged in court by
the defense in its examination of
talesmen. In the first place any venire-
men who have fixed prejudices against
labor unions. both as to their organi-
zatiOnS and their individual mem berS,
will find themselves subject to cha1-
ienge for cause and if not allowed by
the court then they will be subject to
peremptOry challenges later. Again,
any man who has handled dynamite or
who on investigation of his own ac-
cord has reached an immovable opin-
ion that the Times building was de-
stroyed by dynamite, whether felon-
iously placed or not. likewise will be
considered by the defense as hostile
to its cause.
The plan of the defense is said to
comprehend first the contention that
the building was not blown up by
dynamite but by gas and when we'll
along with his variety of testimony 1t
may move to quash the indictm ents.
VIII Not Go on Stand.
Tt was said on good authority early
ably would never go on the witness
stand. The hint of Attorney Darrow
in court that the defendant could sit
mute while the prosecution attempted
to show that the building was blown
I'D by dynamite is held to be fore
cast of the plans of the defense to
stand pat on the theory that the
Times disaster was caused by gas and
that the defendant knew nothing
about it
The prisoner himself is taking an in
conspicuous part in the trial The bat
tie between opposing attorneys of which
there are five on the defense and
four associated with the prosecution
is attracting all attention. Seated near
the rail beside a deputy sheriff to one
side of the aisle that divides the court
room. Mcnamara has been listening
cheerfully to the proceedings but ex-
cept when he reached the court room
daily, which in the last few days has
been ahead of his attorneys. he scarce
" has exchanged a word with any one
including counsel, except greeting
Just behind the prisoner are sixty
four newspaper desks. nearly all &C
cupied. and lust behind his ear is a
little box hiding a telegraph key as
we'll as drowning its voice as it stead
lily clicks off the report of the trial to
the outside world.
Two More Challenged.
a er lying quiet for two days the
first big issue in the Mcnamara muir
der trial poked its head up again to-
day and began to make trouble. Be
fore noon the defense and the state
cOlIided twice, two jurors had been
challenged and the court had reserved
it's decision. All this difficulty arose
from the contention of the defense
that man who believes the Los An
geles Times building was dynamited
ctober 1. 1910. is not a competent
juror, and the state holds he is unless
he has fixed opinion as to the guilt
or innocence of James B. Mcnamara
the defendant. who is on trial for the
death of Charles J. Haggerty, one of
the twenty-one men killed in the
Times disaster
If a taiesman believes the Times
building was blown UP by gas he GER
tainly believes the defendant not
guilty." said District Attorney Fred
ericks.
..On the other hand. If he believes
the Tins es building was dNnamiteG he
still has expressed no belief as to the
guilt or innocence of the defendant. It