Evening journal., 1911-10-19
CLASHES AT
BIG TRIAL
Much Wraneling Over the
Selection Of the MCNamara
Jury
COURT HAS NOT RULED
ON A CRUCIAL POINT
BY The United Press.


LOS ANGELES. Cal. Oct 19.-
Upon the ruling of Judge Bordwell on
the challenges for cause interposed
by the defense against veniremen
George w. Mckee and Otto A. Jessen
depends the entire future methods of
the Mcnamara defense.
Attorney Darrow determined today
TO compel Judge Bordwell to place
himself on record as to whether a
venireman who admits believing the
destruction OF the Times building was
absolutely due to dynamite, is eligible
for service. Inasmuch as the defense
will build its entire case on the hy-
pothesis that the explosion was acci-
dental and the result OF gas ignition,
this is a crucial point
Judge Bordwell so far has refused
to rule and will wait IL possible until
the defense has examined a total Of
twelve for cause. He is reserving his
decision regarding Mckee and Jessen
pending that time.
The State reiterate the theory that
a man who believes dynamite destroy
ed the Times building is perfectly eli
gas theory is absolutely unable 10
serve because this would involve a
presumption of accidental fire explo-
sion and absolutely demolish the
states contention
When court opposed today the de-
fense had examined nine men and
passed seven, subject to cause, and
was examining e. c. Robinson who ad-
mitted being prejudiced against labor
unions because they favored strikes
The personality of Francis j.
Heney was suddenly injected into the
case late yesterday, further compli-
eating the situation.
II came whes Attorney Davis was
examining Venireman Robinson. Davis
asked II Robinson had read a state
ment by Heney that Detective Burns,
because Of his association with Heney
in the San Francisco graft case, was
man of high character who could
not make a mistake. Prosecutor
Fredericks fought to keep this out
OF the case, but failed, Judge Bordwell
saying the question was competent
Robinson had not read such a state
ment The question will be repeated,
however, in all future examinations.
Court and Attorney Clash.
Robinson's examination resulted in
several sensational clashes between
we'll refused to permit Davis to In
quire whether the venireman's belief
that unions resort to strikes to en-
force their demands indicated a be-
lief that unions are inimical to the
welfare Of the nation. Davis then
demanded Of Bordwell:
Gould you, yourself. believe that a
man was innocent when you knew az
fact he is actually guilty2"
Certainly, as a legal proposition
could" replied the court
Davis then demanded of Robinson
whether this belief that Burns had
always told the truth and his knowl-
edge that Mcnamara had been indicted
did not make him believe McNamara
guilty. He received no answer and
demanded;
'Now. in your heart don't you be-
lieve this man guilty, but you are
anxious TO stay on this jury?"
The state objected and was sus-
/ tanned. AT last Robinson said he was
willing to presume Mcnamara limo
cent.
Judge Bordwell then questioned hin
and received a statement from Rob
inson that he knew what a presump-
tion Of innocence meant and was will
ing to consider Mcnamara so until
proven otherwise"
Davis interrupted and cried:
Nov you are willing to presume
this man innocent, although you posi-
lively believe him guilty-isn't that q
] fact7"
Fredericks objected and was sus-
tained.
Then came the Heney incident and
a bitter clash between attorneys
which only ended when adjournment
was reached.
Feeling on both sides is growing
more bitter daily.