Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-10-14
And at Least Part Of An
other Session of Court
Will be Used in Wrang-
ling Over One Jurors
Qualification.
ATTORNEYS ARGUE
ABSTRUSE POINT
Question is Whether Con
stitution Guarantees to
One or Both Sides to the
Proceeding an Impartial
Trial.

LOS ANGELES. oct 12.-Aftor two
days Of court sessions in the trial of
James r. Mcnamara for the murder
of Charles b. Haggerty. victim OF
the Los Angeles Times explosion. no
juror had been selected tentatively.
and no decision reached as TO tho
eligibility of the first talesman eN-
amined Though the session moved
forward with no delay. the magni-
tudc of the issues involved in the
examination of L. T. Nelson. the first
taleSman. made the proceedings de-
ubcrate At night when arguments
ON Nelson's status were unfinished,
court adjourned until tomorrow. At
torncys informed the court that two
hours should suffice to finish the
arguments tomorrow morning.
At the close of court Sheriff Ham
mel escorted the prisoner to the
county Jail. unmanacled. A provision
I'm the constitution Of the state of
California. which differs somewhat
from that Of the United States and
sections of the state penal code re-
garGiug the qualifications Of jurors
started a contest over the meaning
which Will affect. not alone the tales
man under examination. but every
prospective juror. and for this rea-
son. is stubbornly contested.
Attorney q Ray Horton. for the
prosecution. occupied most Of the
afternoon. making an argument for
the state BY chance, one of the
cases cited by Horton to show the
law regarding the eligibility of tales
men was that Of Juror Arthur, in the
trial of Abraham Ruef, now serving
a term of fourteen years in San Quen-
tin prison on a charge Of bribery in
connection with the San Francisco
graft cases.
Another case cited was that OF
Red shirt" Gordon who. with a
band of fellow convicts fought his
way out of the Folsom penitentiary to
freedom in one of the most sensational
breaks the west has ever seen. The
constitution of California guarantees
a fair trial To all persons in lti-
CATION" whereas the United States
constitution guarantees a fair trial Il
tho defendant" Horton contendeo
that the law Of the state intended that
any man may serve on the jury under
the usual restrictions. who is not OF
state Of mind which prevents his
acting with entire impartiality and
without prejudice to the substantial
rights of either party" He cOntended
the rights Of the state must be pre-
served. the same as those of the de-
PENDANT and further that the Grim
inaI code made an express provision
for jury service in a man Of Nelson
frame Of mind. Attorney Joseph
Scott. for the defense. quoted Nelson
as saving he had an opinion con-
cerning the McNamara's guilt. that h'
had such an opinion for four months
and il would take strong evidence to
disIodge it, Judge Bordwell announced
that he would 90 over the record on
this point.
Attorney Clarence Darrow. Chiei
counsel for the defense, made the arg
ument against accepting Nelson as
Juror after he had been challenged OF
the round of bias earlier in the day.
'.No section Of the criminal code car
change a mans constitutional rights,
was his opening sentence. The defcn-
dant must be tried bv a jury and no;
by ratification meeting. Never be
fore have I seen an officer asking the
defense To take juror who has sworr
that he held an opinion as to the gull
or innocence of the defendant. and thai
il would take evidence to remove thai
opinion The legislature. in enactinl
the penal code perhaps thought Z
take away some safeguards that sur
round life I presume we could con-
vince the district attorney here Of th'
defendants innocence If we had evi
dence enough"
He intimated that an adverse ruling
t. his contention would be considered
ground for appeal. Horton, in his ad
dress to the court assured the cour
on this point.
no court Of appeal" he said, 'woul'
ever undertake 10 investigate such
case unless there was great --
4 don't think the court cares to con
slider the possible action Of a cour
Of review" interrupted Darrow. 7
which all the counsel agreed. Mc-Na
mara. throughout the session. 81
against the rail. clasping his hand
and looking steadily at counsel Their
will be a two hour session Of cour
tpunorrOw