Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-10-20
STATE DOES
CHALLENGING
Two Taiesmen Passed Over
Because of Their De-
cided Beliefs
OBJECT TO DEATH PENALTY
Does Not Believe in Circum.
stantial Evidence and Is
Socialist.

tBy Special Leased Wire to New Eexican)
Los Angeles, Calf, Oct. 20.-The
state challenged Talesman r. ".
Adams at the opening of the McNa-
mara murder trial today because OF
implied bias The challenge was
/ based on Adams opposition to the
death penalty and also what the Cal
! tornia criminal code defines as ''actu-
/ al bias
The court took the matter under con-
sideration.
| Opposed to Circumstantial Evidence.
| The challenge was resisted by At
| torney Darrow for the defense, who
cross-examined Adams. The talesman
said he believed the Times disaster
was due to a gas explosion, having
| formed the opinion from reading of
the case in newspapers and magazines.
He objected strongly to circumstan-
tia evidence.
There is no section of the criminal
code covering circumstantal evidence,
and for this reason it was necessary
to construe the Adams attitude on
! this question as bias toward the pris-
oner.
! Talesman a Socialist
| Adams is 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
belief in the gas theory is virtually
belief in the innocence of the defend
| ant.
A few minutes later the state also
challenged Talesman A. r. Mcintosh
because of his objection to the death
| penalty on circumstantial evidence.
This challenge also was resisted by
| the defense. Implied bias was the
formal ground or the challenge.
Il would convict no man on circum.
| stantial evidence" insisted Mcintosh,
with emphasis, when questioned by
the defense
Now, suppose the evidence were
entirely circumstantial, would you
find the defendant guilty in any
case?" he was asked.
Il might find him guilty. but would
not impose the death penalty on cir
cumstantial evidence" answered Nc.
Intosh.
The court also took this challenge
under consideration.
Two Jurors Selected.
Los Angeles, Calf, Oct. 20.-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. ID. Green. Both men, already pass
ed 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 lower
house of the California legislature vot-
ed to abolish this year, became prom
inent issue in Judge Walter Bord-
wells court today in the effort to get
a jury to try James S. Mcnamara for
the murder of Charles j. Haggerty,
who was killed in the Los Angeles
Times explosion and fire, a year ago.
Four Oppose Death Penalty.
Four successive talesmen under eX
animation by the state said that they
were opposed to infliction of the death
penalty.
Ernest F. Decker, a landscape gard
ner, when questioned by the court,
said flatly that he would not return
verdict of guilty in capital crime on
circumstantial evidence.
Five Challenged.
| The cases of T. w. Adams and A.
K. Mcintosh, who also opposed inflic-
| ton of the death penalty on circum.
stantial evidence were taken under
consideration by the court, making in
all five talesmen now under challenge
for cause.
| S. H. Manning already passed Tor
S"uSC W ehS uClOASC, dlSO WdS pdSStu
by the state, being the first talesman
to pass both Sides
The First Juror.
He probably will be the first final
juror unless excused by peremptory
challenge.
+. D. Green, retired rancher. also
was examined by the state and passed
4 for cause.
He Was Bia-ed.
! Los Angeles, Calf, Oct. 20.-E. F.
Decker, landscape gardener, declar-
ed on direct, and later on cross exam
ination, that he could not return
verdict OF guilty on circumstantial ev-
idence providing the death penalty
was not imposed.
The court interrogated Decker and
drew forth the statement that he
could not render verdict of guilty if
1t meant the death penalty for the
defendant. The court allowed the
challenge, interposed by the state.
Two Passed for Cause.
Talesman Seaborn H. Manning,
next was interrogated and passed for
cause by the state. He was the first
J to withstand the questions of the pros