The Birmingham age-herald., 1911-10-24

Los Angeles, Cal, october 23.-Legal machinery in the McNamara murder trial revo1ved to such effect today that at the close of court problem which had bothered everybody concerned since the first day of the trial, was solved i'll the opinion of counsel and five tales men were excused for various reasons The half empty jury box was filled again and only 10 men of the original venire of 125 were left. By denying a challenge of the defense against Talesman George w. Mckee, based on the ground that while Mckee had nc prejudice against James B. McNamara the defendant, he believed the Los An geles Times was blown up by dyna- mite. Judge Boldwell upset a cherished contention of the defense.
 The ruling was based upon the courts belief that in spite of McKee's opin- ion he could be an impartial juror. Of this the court is sole judge. It was the position of the defense, under At torney Clarence $. Darrow. that an opinion such as Mckee held, was in it. self evidence that he could not be inn partial in hearing evidence concerning Mcfsamara, who is on trial for the mur- der of Charles J. Haggerty, q machin- !st. killed in the Times disaster
 Ruling Not General Whether other jurors of Mckee $ frame of mind could not De disqualified depended, the court pointed out, upon the individual instances and not upon any general ruIine
 The defense held that under it's conten- tior that the Times explosion was caused by gas, man ought to believe that story, or none at all, to be an impartial juror. and after the court had announced his ruling, McNamara's counsel still ar gued earnestly against it. Talesmen E C. Robinson and A. R. Mcintosh were ex- oused at the morning session because of their assertions that they would not ren- der a verdict of guilty in q murder case on circumstantial evidence. Later i'll the dsy Willis r. Oliver and F. C. Thompson were excused because each was opposed to the death penalty under any conditions, |. C. Ilauser vice president of meat backing company, was excused Tor bias, after he had said that his belief that the Times building was destroyed by dyna- mite was a matter of personal obserya- tion
 
 reason, among others. that Mckee's in- formation was based on indirect informa- tion, such as newspapers and common re- port afforded These sources of informa- tion are excepted in the statue, but II founded upon penal knowledge is not. The ruling in McKees case was to ex- pedite the task of obtaining q jury, was the expressed belief of Opposing counsel. T think we'll strike a gait soon, said Attorney c. Ray Horton. chief trial dep utty of the district attorneys office.
 Every day sees the procedure more clearly outlined
 Willie E. Oliver, purchasing agent for a meat packing concern, was the first of the new veniremen examined. He was questioned shortly before the noon recess.
 "As much as I know of them I have no prejudice against unions,' said Oli- yer when asked his opinion on rEe la Dor question.
 When court convened at 2:10 o'clock Attorney Darrow continued his ques- fioning to determine further Divers views on labor strikes
 "I've always taken the view that cap- ital and labor are two elements neces- sary and I have never found it neces- sary to take any position to protect myself one way or another explained Oliver.
 
 opinion as to the cause of the explo- sicn.
 You believe in capital punishment, do you not?' asked Darrow.
 No sir" tsaf3I
 You have strong conscientious opinion against it?"
 "Yes."
 After few more questions Judge Bordwell excused the talesman.
 F.. e. Hauser vice president or meat packing company, was examined by Lecompte Davis for the defense.
 Interrogation revealesd that the packing company had had troyble with labor unions. a strike having occurred several years ago.
 Your firm were opponents of the open shop?' asked Davis.
 "yes.'
 since that time you have maintained a policy then ndorsed?"
 "Yes'
 "Do you employ union men?''
 We never ask the question as long as they can do the work"
 You share the views of the Times against organized labor?"
 Objection to the question was sus- tained
 q member of the Merchants and Manu- facturers' association for eight years.
 sYou know the Merchants and Man ufaeturers association took much in- tereat and contributed large sums of money tc ferret out persons who may have destroyed the ,building?"
 .I cant say that I know exactly
 S'Did your firm ever pay any money to what is known as the strike fund of the Merchants and Manufacturers sssociationy''e
 Not to my knowledge
 You object to strfkesf
 ''I do." ~
 DO you object to labor organizing?' 'No.''