The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-10-14
LEGAL POINTS INVOLVED DELAY
PROCEEDINGS - LITTLE
PROGRESS MADE.
.TALESMAN ADMITS BIAS
z. 7. Nelson. Under Examination -
Possible Juror. Declares hs Had
Had an Opinion for Four Months
Defense Challenges Him and Pros.
ccution Objects.

ios Angeles, oct. I3.--After two
days of court session in the trial OF
james u. Mcnamara for the murder Of
Charles j. Haggerty. victim OF the
Los Angeles Times explosion and fire
october !, 1910, no Juror had been Sc
lected even tentatively, tonight, and
no decision been reached as to e,igi-
bility of the first talesman examined.
Although court proceedings moved
forward without interruption. the
magnitude of issues involved in the
examination of Y. T. Nelson. first
talesman. made proceedings delib-
crate.
At sunset. when court adjourned.
arguments on Nelson's status re-
mained unfinished. At the close OF
court. Sheriff william A. Hammel and
deputy escorted the prisoner, un-
manaced. from the hall of records
through the adjoining courthouse cor
ridors and across a narrow street,
where his brother, John ]. Mcnamara,
is confined awaiting his turn for trial
Points Of Contest.
A provision of the constitution of
the state of California. differing
somewhat from the constitution of the
United States. section OF the states
political code regarding the qualifica-
| tions of Jurors and contest over the
record OF. Nelson's examination. COM
bined to furnish points OF contest
which affect not alone the talesman
under examination, but every prospec-
tive Juror. and for this reason are
stubbornly contested. The somber
courtroom scene. where opposing
counsel argued for every point of ad-
vantage in the struggle over mans
/ life. was relieved once or twice by
| touches OF unconscious humor. which
seemed to appeal to the court once,
when q. Ray Berton. boyish attor-
| ney. who, single handed, made the
long afternoons argument for the
state, assured the court that he was
not intending to Swing an effigy of
error to terrify your honor" Judge
Bordwel smiled broadly.
Gases Cited.
mo. no." he said. understandingly.
and settled himself to listen further.
BY chance, one of the cases. cited
/ w <httoiHcS IIOitoIl W SHOW the law
regarding eligibility of talesmen, was
that of Juror Arthur In the trial Of
Abraham Ruef. now serving a 14-year
sentence in San Quentin penitentiary
for bribery In the 30 o-called San Fran
cisco graft cases. which attracted ma
/ tional attention u few years ago.
Another case cited was the famous
one of Red Shirt Gordon" who with
a band OF fellow-convicts fought his
way out of Folsom penitentiary In ono
OF the most sensational breaks for
freedom the west has known.
The constitution of California guar.
antees fair trial "for all parties In
litigation whereas that OF the United
states guarantees such rights TO the
defendant. The penal code of the
state. under act of the legislature, was
Intended. Horton declared, to enable
intelligent men to serve on juries and
allows any 10 do so under usual re-
strictions, who are not OF q .,statn OF
mind which Will prevent acting with
entire impartiality lnf without prei,-
dice to the substantial rights of either
party"
ON these two propositions Mr.. Hor-
ton based his argument, contendIng
first that the rights of the state must
be preserved as scrupuionsly as these
OF the defendant. and further. that tho
criminal code made express provision
for jury service for II nan of Nelson's
frame OF mind.
Nelson Without eias.
Interrupted in declaration that
Nelson had declared he was without
bias toward the defense. Attorney
Horton remarked that if the record
showed otherwise II was because The
talesman had confused the defendants =
own case with his expressed opinion
that the Times building was blown up
by dynamite.
The record, as read by Attorney Jo-
seph scott of counsel for the defense,
quoted Nelson as saying he had an
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