Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1911-10-20
OPPOSED TO DEATH PENALTY
FOR THIS REASON THE PRosEcu.
TioN ASKS THAT THEY BE
DISMISSED
COURT WITHHOLDS DECISION
ONE TALEsMAN is A SOCIALIST
AND BELIEVES TIMES WAS
DESTROYED BY GAS


challenged Talesman t. w. Adams
at the opening of the McNamra mur-
der trial today because of implied
bias. The challenge was based on
Adams opposition to the death pen
atty and also what the California
criminal code defines as actual
bias" The court took this matter
under consideration.
The callenge was resisted by Attor-
ney Darrow for the defense, who
cross examined Adams. The tales
man said he believed the Times dis
aster was due to a gas explosion, hav-l
ing formed the opinion from reading
of the case in newspapers and maga-
zines. He objected strongly to cir
cumstantial evidence
There is no section of the criminal
code covering circumstantial evidence
and for that reason it was necessary
to construe Adams attitude on this
question as bias toward the prisoner
Adams is a socialist and a portion
of his examination was taken up in
separating his theoretical political
beliefs and his personal attitude to-
ward the prisoner.
The state takes the position that be-
lief in the gas theory is virtually be-
lief in the innoncence of the defend
ant A few minutes later the state
also challenged talesman A. R. McIn-
tosh because of his objection to the
death penalty on circumstantia1 evi-
dence
This challenge was also resisted by
the defense. Implied bias was the
formal ground for the challenge.
IT would convict no man on circum-
stantial evidence" insisted Mcintosh,
with emphasis when questioned by
the defense. Now suppose the evi-
dence were entirely circumstantial,
would you find the defendant guilty
in any case?" he was asked.
II might find him guilty. but
would not impose the death penalty
on circumstantial evidence" answer
ed Mcintosh.
The court also took this challenge
under consideration.
g. F. Decker, landscape gardener,
declared on direct examination, and
later on cross examination that he
could return verdict OF guilty on
circumstantial evidence providing the
death penalty was imposed.
The court interrogated Decker and
drew forth the statement that he
could not render a verdict of guilty
if it meant the death penalty for the
defendant. The court allowed the
challenge, interposed by the state.
Talesman Seaborn H. Manning next
was interrogated and passed for cause
by the state. He was the first to
withstand the questions Of the prose
cution without being challenged
Talesman F. d. Green underwent a
brief examination by the state and
was also passed for cause.
The men who probably will be the
first two jurors in the McNamara
murder case were selected in court
today. They are Seaborn H. Manning
and F. D. Green. Both men, already
passed for cause by the defense. were
passed by the state today and indica-
tons were that Manning and probably |
Green would escape peremptory chal-
lenge.
The death penalty. which the low
Ell house of the California legislature |
voted to abolish this year, became a
prominent issue in Judge Walter
Bordwell's court today in the effort |
to get jury to try James B. McNam-
ara for the murder of Charles j. |
Haggerty, who was killed in the Los
Angeles Times explosion fire a year