The Daily Missoulian., 1911-10-19
GOOD RECORD MADE
IN TRIAL
THREE TALEsMEN ARE EXAM.
AHMED IN LOS ANGELES
coURT-LAWYERs MIX.

Los Angeles Oct. 1s.-Three tales.
men were examined and one was ex-
cused in the murder trial of James r.
Mcnamara today. what is consid-
cred one OF the big issues OF the trial
whether a man who believes firmly
that the Los Angeles Times building
was destroyed by dynamite is thereby
disqualified from serving on the Jury
rested tonight in the hands OF Judge
Walter Bordweli. who presides over the
trial Instituted to show whether James
Il. Mcnamara caused the death OF G.
j. Haggerty. machinist. who lost his
life In the Times explosion and fire.
It's opposing counsel seeing no hope of
securing jury until this point Is de-
clded.
Attorney Clarence S. Darrow and
other counsel for the defense, holding
that the Times explosion was caused
by gas and that Mcnamara could not
have brought 1t about for this reason,
argued today I'm court that a fixed be-
lief In the dynamite theory prejudiced
the rights of their client, and that the
talesman who held II would not be n
fair Juror
District Attorney John D. Fredericks
for the state, compared the situation
to the case OF n burned barn which is
Of record.
"A man believing that the barn was
burned. yet having no opinion as to
whether the defendant burned It, was
allowed IN no 1. "a
similarly, u talesman may believe
that the Times building was destroyed
by dynamite and still have an open
mind regarding the defendant in this
case. as these men say they have"
rs this your idea OF fair Juror"
asked Attorney Darow OF Fredericks,
after Otto A. lesson HAD testified that
he believed the Times was dynan,ited
by members or officers OF trades
unions and that he Thought he had a
prejudice against unions. but had no
prejudice against Mcnamara himself"
1T certainly is replied Fredericks.
We'll. like your idea OF fairness"
said Darrow In low voice.
Judge Bordwell promptly inter-
vened and ordered the examination to
proceed.
Charles d. Chaffee. the man excused.
was challenged for cause, because his
name was not on the Los Angeles
county assessment roll.
George w. Mckee, the other man
challenged, held the Dynamite explo-
sion theory. but expressed no animus
toward union labor.
The new line OF inquiry was devel-
oped by the defense In the examina-
ton of Edward +. Decker a Landscape
gardener Decker said he had never
worked for General Harrison GRAY
Otis, publisher OF the Times, nor for
Harry Chandler. General Otis son in
law. He said he had once belonged
to the Electrical Workers union, but
was called out on strike and left elec-
trical work for less dangerous employ
ment. He said he had no prejudice
against the prisoners.
You could give fair verdict"
asked barrow. you wouldn't be
afraid of any disfavor of the public ?"
No"
Or loss of money!"
No"
Or loss OF business?"
NO"
ANY OF your family hold Officer"
MY brother-in-law Is a game war
den."
is that office appointive or cleo
tive?"
"Appointive."
Decker was passed for the time.
Edward c. Robinson, the talesman
under cross-examination when court
adjourned tonight. said he was preju-
diced against the way labor unions
are conducted in California, because
or strikes He said he did not know
whether ne considered strikes legal or
Illegal. but his prejudice was well
fixed.