The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-10-13
HE HAD OPINION.
First Juror in Mcnamara Case
Challenged.
q. 4. Nelson Admitted That He
lis Biased.
WORK WILL BE SLOW.
Yeniremen Put Through Grill
ing Examination.
Most of the Day Spent in Ques-
ti0ning Nelson.

i
Los Angeles, Oct. 13.-After hours oc
persistent questioning the defense in
! the murder trial of James B. McNan.-
ara challenged for cause Venireman
z. T. Nelson, near the end of the morn
| ing session.
Nelson was the first venireman ex-
amined in the trial of the first of the
cases resulting from the explosion
which wrecked the Los Angeles Times
! building a year ago. From the start
/ Nelson's extreme hesitation in answer
ing questions put by Attorney Le-
compte Davis for the defense was gen
orally noticed. and it finally brought
an admOnltlOn from Judge BOrdWelI
Have you any opinion that would
require evidence to remover was the
question finally hit upon that brought
a direct answer.
81 think I have" said Nelson and
later amplified this to include AN
opinion as to the guilt or innocence of
the defendant
Assistant District Attorney Ray Hor-
ton for the state examined Nelson
briefly, ehciting a reiteratiOn of the
assertion that he would need evidence
to remove his opinion with the supple
mentary declaration that he thought
he could give a fair trial.
Had Formed Opinion.
The venireman added that he had
ny personal investigation formed an
opinion as to whether the explosion
was caused by gas or dynamite.
I'VE challenge the juror as being
biased" suddenly said Mr.. Davis. and
the prosecution rested the challenge
and began a cross examination
Have you ever seen the defendant
before or are you acquainted with
him?" asked Mr.. Horton for the de-
fense.
NO"
Did you ever talk with anyone
about the case who purported to be an
agent for the defense p
NO
''Wnere were you on the night Of
the explosion?''
'At my home.''
You feel that you have an opinion
not founded on newspaper reports as
to the guilt or. innocence of the pris-
oner?''
''Is it a fxed opinion2"
TT is until there is evidence to re-
move it,
(which party to this suit would
have to prove the guilt or innocence p
I would not convict on newspaper
reports or on rumors.''
''In other words, if you were sworn
and no other facts were introduced ex-
cept as are in your mind from no
toriety and rumor, would you find the
prisoner not guilty?''
'I would not want to-
Have you any bias then? 20
mot personally"
Would you give this defendant an
impartial trial?"
"I believed I could
eff you were sworn as a juror
would you, independent of your opin-
ion now, try the defendant impartial
ly ~
''I'd try to-"
Your state of mind is such that. you
would resist the introduction of evil
dence to remove your opinion?'
cit would take evidence to remove
my opinion
Might Bias Verdict.
Entertaining the opinion you have
on organized labor would that feeling
bias you in an effort to reach a YER
dict?'
ITO a certain extent it would
I'm what way?"
Il can't say exactly"
Are you in a state of mind that you
could ignore your opin1ons?'
Here Mr.. Horton concluded his cross
examination and asked the challenge
be denied.
The court began to interrogate Mr..
Nelson to determine whether he had
any bias.
ION Wednesday of this week you
were asked whether labor unions aI9
proper or are menace"
Judge Bordwell, and you said you had
no objection to the man. Are you pre- !
JUDGED against labor unions as such?"
No" was the reply.
"Have you any prejudice against the |
defendant as a MANI"
No.
Have you any question that the /
Times building was destroyed by dyna- /
mite?'' interposed Mr.. Davis for the /
defense.
mo; it is my opinion" was the an
swer.
you have no doubt about it?"
No"
remove your cpinion?"
Yes
~That is all" snapped Mr. Davis
But your mind is open enough to
receive evidence against that opinion?"
asked 1-OTton.
Strong evidence