Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-14
BATTLE over JUROR
Lawyers in Mcnamara Case
!, Continue Argument.
JUDGE TO DECIDE MONDAY
Defense Expected to Peremptorily
Challenge if Nelson Is Admitted.
JOHN J. CHATTING IN HIS CELL
Envies Brother His Daily Outing,
Going To and From the
Courtroom.
JUDGE TO DECIDE MONDAY
JOHN J. CHAFING IN HIS CELL

LOS ANGELES, Cal, October 14.-fuT-
Their argument as to whether Il. T. Nelson
should be sworn as a juror in TIE trial
of James B. Mcnamara. indicted for the
murder of Charles Haggerty, a victim
of the Times explosion, occupied a brief
session of court today From behind
battery of law books attorneys. for the
prosecution and defense wrangled as to
Nelson's eligibility. delving deep into the
realms of precedent cases on the bias of
talesmen.
Monday Judge Walter Bordwell will
render a decision 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 a score of men and
on which the indictments for murder
against James b. Mcnamara and his
brother. John D.. ara based.
Attorney G.. Ray Horton concluded the
argument of the state that Nelson, though
admitting he held opinions about the
case had shown his impartiali:y by an
nouncing that he would waive these
opinions in lieu of the evidence in:ro-
duced.
Defense Claims Bias.
ished the discussion for the defense. cit
| ing numerous cases where preconceived
impressions admitted by talesman |
been regarded by the courts as sufncient
to dsqualify him.
ANY one can see that Nelson is pref
udiced against Mcnamara, remarked
| Clarence s. Darrow, CHIEF counsel Tor
| the defendant, land he has his own
| theories. too, by personal investigate. "a
| hail ir..y hi ~
| by dynamite
| The defense considers the question or
| the cause of the explosion moot 20 q
| and will argue that it was due to gas.
Nelson has said he would set aside his
| own opinions and receive the evidence
| impartially,'' was the expressed attitude
| of District Attorney Fredericks. Il don [
see how We ever will get an intelligent
jury il We bar every one who mas some
| opinion on the case.
| The defense in this connection cited tn 2
| answer OF Nelson that it would taxe
| .'strong evidence to change his opinion
concerning the explosion as SUFFICIENT
proof of bias.
May Challenge Peremptorily.
1t was intimated by Mr. Darrow before
court opened today, that should the court
disallow the challenge for cause against
Nelson a peremptory challenge at any
| Fdte WOulu DC cASiSiSCu against hih' "
| the defense With keen interest the
ruling of the court will be awaited and II
| was said today that an elaborate opinion
| from Judge Bordwell will be forthcoming
| Monday. The weight of the opinion. II
| is considered will be felt throughout the
preliminary stages of the trial IN the EN-
| paneling of a jury. 1t is expected to
define how far newspaper reports or pre-
| conceived notions as to the manner IN
which the building was DESTROYED. formed
by personal observation or gossip In the
| town may prejudice a juror.
/ Judge Bordwell, though not required to
explain his decision, the categorical an
nouncement Of acceptance or reJection
of the taiesman being regarded as suf-
ficient, it is predicted will set forth al
Length the limitations which counsel can
reach in future Interrogation OF tales
men. Few people were in the court
room today, the automobile races al
i Santa Monica attracting the curious. AS
a matter of fact, however. the audience
in the chamber has been comparatively
sparse since the trial began. The great
length to which the case is expected to
drag is thought to be influencing the pub
lie to wait for more interesting moments
of the trial. 1t is generally expected
here that it will be several months be-
fore the trial is ended.
Both James b. Mcnamara and MS
brother, John j., secretary OF the inter
national Association of Bridge and Struc-
tural Iron Workers. who are confined
i'm the county Jail, have prepared for a
long siege.
Regards Brother as Lucky.
James b., who at present Is being trlen,
is looked upon enviously by his older
brother, whose chance for a daily airing
| on the way to and from the courtroom
| will not come for some time. as his triai
is not likely to begin for many months
| "Ortie McManigal gets out auto riding.
/ in fact, Joy riding, nearly every day.
| protested John j.. IN his cell TO-DAY.
| why is that?' he was asked
| Hes supposed to be gong to con-
| fereDces with the district attorney, but
understand they take him around the
| parks and boulevards, too.
| The brothers live on the second MOOR
| of the iail in separate cells across a mar
| row corridor that b.sects a steel cage in
| closing four cells. The. twelve talesmen
| who are beng examined also are getting
| a taste of confinement. They Went to
| breakfast, however, today in big sight
seeing automobile, the only conveyance
available in which they could be kept to-
gether as required.
| AS extensive preparations are being
| made for the bringing of seveal hundred
| witnesses to Los Angeles, both sides have
informed those whom they wish to testify
| that at Least a weeks notice VIII be given
each before they are called Some who
| lived in Los Angeles at the time of the
| explosion have scattered to various parts
4 H.,