The Sentinel=record., 1911-10-14
.NOT A JUROR
 IS ACCEPTED
SECOND DAY OF M'NAMARA TRIAL FINDS JURY BOX STILL VA
 cANT---WoRK IS SLOW.
Magnitude of Questions as to Bias Is Proving Serious Handi-
 cap Of the Pro. ceedings.

Los Angeies. Cal, Oct. F. After two days of court session in the tria. lof James B. MeNamara for the mur. ider of Charles J. G. Haggerty, a Ivictim of the Los Angeles Times ex- plosion and fire, Oct |, 1910. no Iiuror had been selected even tenta- ltively tonight and no decision hal been reached as to the eligibility of the first talesman examined. AL though court proceedings moved for ward without Interruption, the mag lnitule Of the questions involved in the examination of T. Nelson, the first talesman made proceedings de- Iliberate.
 1 At sunset when court adjourned arguments on Nelson's status remain
 ed unfinished. At the close of court sheriff William Hammel anu a deputy escorted the prisoner, un- manacled from the hall of records through the adjoining court house corridor and across the narrow street where the prisoners b1other, John lMcNamara Is eonfinei awaiting his turn for trial. A portion of the ex- lamination of the state differing some what from the constitution, sections tof the penal code regarding the qualifications of jurors and a cost lover the meaning of the record of Nelsor's examination combined to furnish points points of conlest which affect not alone the talesman under examination but every prospective Juror and for this reason were stub bornly contested.
 Once when Ray Horton, boyish looking attorney who singlehanded made the long afternoons argument ment for the state assured the court that he was not intending to swing an effigy of error to terrlfy your honor,' Judge Boriwel smiled very broadly.
 No, mo-" he said understandingly. land seemed himself to listen furth- CT.
 By chance one of the cases citel by Attorney Horton showing the law Iregarding eligibility of talesmen was that Of Juror Arthur in the trial of Abraham Ruef now serving a IA years sentence in San Quentin prs- on for bribery in the so-called san Francisco graft cases.
 Another case cited was the famous one of Red Shirt Gordon' who with a band of fellow convicts, fought his way out of Folsom Prison in a sen lsational break for freedom. The constitution of California guarantees a fair trial for all parties in litiga- tion,' whereas that of the United States guarantees such rights to the defendant. The penal code of the state, an act of the legislature was intended. Horton declared,, to en- able intelligent men to serve on iur- ies and allows any to do so under restrictions, who are not of a state of mini which will prevent acting < with entire impartiality and without
 preiudce to the substantial rights of either party.
 On these two propositions Attorney Horton based his argument contend ling first that the rights of the state must be preserved as scrupulously as those of the defendant and furth- CT that the criminal code may ex press provision for jury service for a man of Nelsons frame of mind
 Interrupted in a declaration that Nelson had declared he was without bias toward the defendant Attorney Horton remarked that If the record showed otherwise it was because the talesman had confused the defend ants own case with his expressed ! opinion that the Times building was blown up with dynamite.
 The record as read by Attorney Joseph Scott of counsel for the de- fense, which quotes Nelson as saying Inc hal an opinion concerning Mo- Namara's guilt or innocence; that he had held such an opinion for about -four months and that it would take l strong evidence to iislodge it Judge 1 Bordwell announced he would go oy- , Ter the record on this point Attor- , ney clarerce s. DarFow, chief Of Icounsel fof the defense. made tn,