The Sentinel=record., 1911-10-17
NELSON IS
 NOI JUROR
HAD AN OPINION IN M'NAMARA CASE IT WOULD HAVE REouIR.
 ED EVIDENCE TO CHANGE.
Disqualified Himself Before the Court Was Called on to Make An Im- portant Ruling as Precedent
 for Other Jurors.

Los Angeles, Cal, Oct. 16. When seemingly caught on it's first snag, the McNamara murder trial in an in- stant today twisted itself out of a situation which hal worried oppos- ing counsel since last "Wednesday. and for the remainder of the day went ahead steadily.
 Could you set aside your opsn- ions sufficiently to enable you to give fair and impartial verdict?s was the crucial question put to Tales- man z. r. Ne son. Nelson had been askei hundreds of questions to elicit his views and he had answered all of them without clearing up the situ- aiion.
 II | would take pretty strong evi- dence," he replied dubiously.
 District Attorney John D. Freder- icks thereupon withdrew opposition to challenge previously made by the defense on the charge of bias.
 There was nothing else to do af> ter that question anu answer said Fredericks. 'The talesman disdual- filed himself.
 Judge Bordwell himself examined Ne eson at length. Nelson's dis charg on fundamental grounds leaves the many questions raised during his examination still not ruled upon in CT talesmen has been examined by this case.
 When court closed today two oth- the defense. One of them. John w Roberts, real estate dealer, was found satisfaetofy and Robert r. Ban, g carpenter, also was examin- ed without raising any contest. New ertheless. it was the fairly general opinion tonight that the Nelson ease would be duplicated before jury was obtained
 Roberts and Bain both are past middle age and white haired
 While being questieEei by Attor- ney Darrow Roberts recited num- her of businesses he had engaged in. Suddenly Darrow caught a familiar phrase.
 Every study law?' he asked ab- ruptIy
 Yes, said the talesman, "a long time ago. :"
 He seemed pleased at the detec- ton.
 The Merchants and Manufacturers' Association. local organization which Is among those offering re- war.is for the detection of the per- son or persons supposed by them to hac blown up the Times, was brought Into the situation today. Roberts said he belonged to is several years ago.
 Debate on the eligibility of Nelson as a juror reached the heated stage making it necessary for Judge Bord- we'll to intercede
 'The defendant hal better be talk en out by mob and lynched than to be tried by jury consisting ot men like Nelson" declared Scott in loud voice.
 "g think we may proceed in an or derly manner" broke in MT. Hor- ton.
 Mir. Scott lowered his tone.
 We would shirk cur duty if we did not insist on fair jury" he continued. land with 12 fair minded men 95 per cent of the task of ad ministerlng justice is accomplished.
 So far as am concerned l want to say that if this jury box is to be filled by twelve men like Nelson the ends of justice will he frustrateA The people of this country will bt tempted to resent It. This IS " chicken thief case.'o
 Mir. Horton objected to NIT. scott charge that the state. was attemptin' to railroad MT McNamara to th' gallows"
 MT scott,' said Judge Bordwell you are not at all justified in you animadversions on the district at torney and his staff He presents th' case on issues that arise as best h' can. don't think woull' take tn view that the district attorney E actnated by improper motives.
 Your honor,' continued Scott, don't think we can conceal the fac