The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-14
CRITICISM HEAPED
ON THE LONG ROLL"
ATTORNEYS MAKE
STUBBORN FIGHT
After Two Days Examination
Of First Talesman Is Not
Concluded.

Los Angeles, Cal, october l3.-After
two days OF court sessions In the trial
of James b. Mcnamara for the murder
OF Charles j. Iiaggerty, victim of
the Los Angeles Times explosion and
fire on October /, 1910. no juror had
been selected even tentatively tonight.
and no decision has been reached as
to the eligibility OF the first talesman
examined. Although court proceedings
moved forward without interruption,
the magnitude of issues involved in
the examination OF Il. r. Nelson. the
first talesman. made proceedings DELHI
crate.
NJ sunset, when court adjourned, ar
guments on Nelson's status remained
unfinished.
Many Points of Context.
y provision of the Constitution OF
the State. differing somewhat from the
Constitution OF the United States:
sections of the penal code regarding
the qualifications of jurors, ind a con-
test over the meaning OF the record
of Nelson's examination. combined to
furnish points OF contest which affect
not alone the talesman under exam
and for this reason were stubbornly
contested
BY chance. one of the cases cited by
Attorney Horton showing the law re-
Garding the eligibility OF talesmen was
that OF Juror Arthur. in the trial OF
Abraham Ruef now serving four
teen-year sentence in San Quentin Pen
.itentiary for bribery in the so-called
San Francisco graft cases.
Another case cited was the famous
one of Red Shirt Gordon" who, with
a band of fellow convicts. fought his
way out OF Folsom PenitentIary in n
sensational break for freedom.
The Constitution Of California guar
antees fair trial for all parties in
litigation" whereas that of the limited
states guarantees such rights to the
defendant. The penal code OF the
state. under an act of the Legislatli
was Intended. Horton declared ito en-
able intelligent men to serve on iuries.
and allows any to do so. under usual
restrictions. who are not i'm a state
of mind which will prevent acting
without partially and without preju-
dice to the substantial rights of either
party
MuHt Protect state.
On these two propositions Attorney
ing first that the rights of the state
must he preserved as scrupulously ms
those of the defendant. and. further.
mat the criminal code makes express
provision for jury service for man
OF Nelson's frame of mind.
interrupted in declaration that
Nelson had declared he was without
bias toward the defense. Attorney Hor-
ton remarked that If the record showed
otherwise il was because thc talesman
had confused the defendants case with
his own expressed opinion that the
Times building was blown UP with
dynamite.
The record. as read by Attorney Jo-
seph Scott. OF counsel for the defense.
quoted Nelson as saying that he had
an opinion concerning McNamara's
guilt or innocence; that he had held
such an opinion for about four months.
and that 1t would take strong evidence
to dislodge it. Judge Bordwell an
nounced that he would go over the
record on this point
Attorney Clarence $. barrow chief
of counsel for the defense. made the
argument against accepting Nelson as
a Juror after nc had been challenged
on grounds Of bias, earlier in the day.
Must lie Tried by Jury.
NO section Of the criminal code can
change mans constitutional rights"
was his opening statement. "a defend
a. must be tried by jury. not a rati-
iication meeting. Never before have ]
seen an officer of the State asking the
defense to take juror who has sworn
that he has held an opinion for months
as to the defendants guilt or inno-
cence. and that 1t would take strong
evidence to remove that opinion.
He intimated that a ruling adverse
to the contention regarding Nelson
would be considered ground for APP
peal. and It WIS upon this point that
CONTINUED on Third Pagc)