Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-10-18
COUNSEL TOLD
TO KEEP COOL
Judge Bordwell Finds 1t Ne.
cessary TO End Heated
Colloquy
JURORS Who ARE pREJuD|CED
Talesmen Challenged For Cause
by Defense In Mcnamara
Trial.

tBy Special Leased Wire TO New Mexican)
Los Angeles, Calf, Oct 1S.-The
defense in the Mcnamara murder trial
began today's work by challenging
for cause George w. Mckee, a
contractor who said he had a fixed
opinion that the Los Angeles Times
was blown up by dynamite. The state
resisted the challenge and Assistant
District Attorney Ray Horton imme-
diately took up the questioning.
Two Theories of Explosion.
The challenge against Mckee is in
line with the avowed policy of the de-
Tense under Attorney C. S. Darrow to
try to show that the Times building
was blown up by gas and that James
B. Mcnamara, on trial for the death
of Charles J. Haggerty, who was kill
ed in the Times disaster, could not
have been responsible either for the
explosion or for Haggerty's death.
The state holds that an opinion as
to the cause of the explosion need not
necessarily prejudice a juror to such
an extent that he cannot give a fair
trial
Judge Bordwell said he would pass
upon McKee's eligibility later
Counsel Told to Keep Cool.
Talesman Otto O. Jensen. a farm
er, who said he had "a strong preju-
dice against labor unions and a firm
opinion as to the cause of the Times
explosion was challenged for cause
by Attorney Darrow. He declared
his belief that the explosion was
caused by dynamite and that labor
union leaders were responsible for it.
There was a spirited colloquy between
counsel who We're admonished by the
court not to show SO much heat.
Challenged for Cause.
On the defense again challenging
Jensen for cause, District Attorney
Fredericks reiterated his opinion that
Jensen was fair juror. Jensen de-
clared his belief was due to news
paper and magazine comment.
Judge Bordwell also withheld judg-
ment on Jensen and Seaborn H. Man.
ming, was questioned.
Had ToIerabIy Strong Opinion.
Los Angeles, Calf, Oct. 1S.-Man.
ming said he believed in labor unions.
He admitted that he had "a tolerably
strong opinion on the case" which it
would take a great deal of evidence
to remove"
You have an opinion that the
was blown up by dynamite
placed there unlawfully?" he was ask.
ed by Attorney Darrow.
Yes was Manning's reply.
A Big Issue.
Los Angeles, Calf, Oct. 1S.-After
lying quiet for two days, the first big
issue in the Mcnamara murder trial
poked its head up again today and be.
gan to make trouble.
Before noon the defense and the |
state had collided twice, two jurors
had been challenged and the court had
it's decision.
All this difficulty arose from the
of the defense that man |
who believes the Los Angeles Times
building was dynamited in October,
1910, was not a competent juror, and
the state holds he is, unless he has
liked opinion of the guilt or innocence
Of James B. Mcnamara, the defend.
ant who is on trial for the death of !
Charles ]. Haggerty, one of the men
killed in the Times disaster.
What Fredericks Says.
'1f a talesman believes the Times
building was blown up by gas, he Ger.
ainly believes the defendant not gull
y" said District Attorney Fredericks.
On the other hand if he believes the
Times building was dynamited he still
las expressed no belief as to the guilt
'r innocence of the defendant. 1t is
analogous to an arson case when a
nan believes barn was burned bit
las no belief whether the defendant
burned it."
What Darrow Says.
Counsel seeks to say a juror is
disqualified if he thinks the Tines
vas blown up by gas, but is not dis.
Qualified if he thinks dynamite caus.
ID the explosion" said Attorney Clar.
,nce S. Darrow, chief of counsel for
he defense.
"The case ought to 60 to trial on
hat theory" and he added do you
hink this man is fair juror" II Ger.
ainly do" said Fredericks.
Jensen Prejudiced.
We'll, like your idea of fairness"
aid Darrow, and the court interrupt
d. George w. Mckee, the first tales.
man challenged today, and o. A. Jen-
en-, the second, both said they strong.
Believed the Times buiii.,e was
ynamited. Jensen, beside this, said
ia; he believed labor lnion members
nd leaders were responsive for 1t.