Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1911-10-20
IMPORTANT POINT
MAY BE RULED UPON
IN NJ NAMARA TRIAL
Judge BordweII Expected to-
Pass Upon Question of Eli
gibility of Talesman to
Serve on Jury
CBy Associated Psess.)

CBy Associated Press.)
Los ANGELES, Oct. 19.-The Mona
mara murder trial was resumed today.
at the beginning of new court calen-
dar week with prospects that in the
course Of the session Judge Walter Bord-
well would rule on two peremptory
challnges made yesterday by the de-
Tense on the ground that talseman Who
believes that the Los Angeles Times
building was blown up by dynamite cam
not be a fair juror.
This position is taken because of the
defense's position that the explosion III
the Times building was caused by gas,
and that counsel defending James B. Mo-
Namara on trial for the murder of
Charles G. Haggerty. who was killed in
the disaster, should not be compelled to
show otherwise in order to get fair
trial. The state contends that so long
as any Juror has no opinion as to Nc
Namara's guilt or innocence. he may be
fair juror.
Judge BordwelI. It was explained, need
ed not to rule on the point until the
Jury box is filled with talesmen, NOT
otherwise ineligible for cause. from the
standpoint Of the defense. But as the
question brought up on the first day of
the trial has been open ever since. it was
considered possible that he would termi-
nate 1t today.
The course of challenges, under Calf
fornia procedure. promises much work
ahead before a jury Is empannelied re-
CARELESS OF the way the court may rule.
The defense. which tentatively has pass
ed seven talesmen as to cause. but may
return to some OF them. will continue
until the quota OF u is obtained. Thea
the state, under District Attorney John
D. Fredericks will go over these IL, to
see IL any are to be challenged for.
cause.
Whenever one may is successfully chal-
lenged another will take his place and
the defense woill first examine him. fol-
lowed by the state. When finally IL
men. all having escaped successful hhai-
lenge for cause. are in the jury box, each
side Will have the privilege of peremp-
tory challenge, OF these the state ha;
10 and the defense 20. The state will
challenge first, then the defense and SO
on alternatively, until the states 10 per-
emptory challenges are used up.
!
This will leave the defense with 10
cha enGas- ta- ia used ,e4her, talesnasIl
as they replace those peremptorily re-
moved.
THE LAST MAN
In many instances, under this procedure,
the court decisions show that the pinch
comes on the last man, where all peremp-
tory challenges on both sides are ess,
hausted and to challenge for cause is mo-
allowed All appeals thus far cited have
been in such Instances
Beyond this. If at any time in the trial
reason is found, or thought to have beer
found, for challenge for cause, such chat
lenge may be made. If 1t Is granted an
other juror must be found and the WORT
of presenting testimony begun all over
again.
While new angles are developed daily
in examination OF witnesses, much of tile
questioning has become somewhat 4
matter Of form and counsel for the dee
Tense tooiIS turns today relieving each
other of the wearisome work OF interrn-
eating talesmen.
Further examination OF Talesnlan Ed
ward c. Robinson was set for todasf.
Robinson said late yesterday that he wsts
opposed to unions because he was or
posed TO strikes.
COMFORT OF JURORS.
Efforts toward further comfort of Ju-
rors are being made by Sheriff Hammel.
Among other things, another shower
bath was installed in their quarters and
enjoyed for the first time when they
arose today.
Nearly every talesman is over 50 years
old. One Is IS, and others are S. or over.
Because the trial is likely to extend to
an UNUSUAL length, grave concern is be-
ing manifested to see that every possibls
aid TO the comfort of these men is prr-
vided Fheir large lounging room sis
airy and light. and the big table at ore
side is stacked with magazines and other
literature, selected so as to have no poa-
sible bearing on the trial. even indirectly.
The brief morning automobile ride
through the parks and boulevards Is a.
most an institution and brought the men.
today to the court room red-cheeked and
fresh. The chairs IN the jury box are
high backed, leather cushion affairs In
which most any comfortable attitude
may. be assumed to Mitigate the monot-
ony OF sitting for hours. Two recesses
are granted daily.
Singing, playing cards and reading
pass the time between dinner and bed
time.
Should the health of any talesman be-
come affected in the progress Of the
trial. all work done up to that poInt
would go for naught.
Judge Bordwelfs solicitude on this
point apparently was evinced by courte-
Gus inquiry put TO some of the older men
concerning their state of health