The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-10-27

DOA at IQ6 MCNAMARA murQer Ifldl at
the opening of court Friday, only six
were left when court adjourned until
Monday. OF these six, however, it is
considered more than possible that
two, or perhaps three, will find them
selves on the jury as it is sworn in.
Those locked up last night after having
been passed by both sides were: Sea-
born Manning, rancher; F. D. Green,
orange grower, and Robert F. Balm,
carpenter.
1t is possible that all will become
members of the jury no animus against
any of them on either side being APP
parent
A. R. Mcintosh, challenged by the
state because of his opposition to in
Fiction of the death penalty on circum-
stantial evidence, will be questioned
by the court before he is held or ex-
cused.
George w Mckee, who says he is
firmly convinced that the Los Angeles
Times was blown up by dynamite, was
under interrogation by the court at the
close of Fridays session. He is not
wanted by counsel for the defense, who
assert that James B. Mcnamara, their
client, could not have dynamited the
building because the building was
blown up by gas. They, therefore,
challenged Mckee, and are awaiting
ruling from Judge Bordwell. Mckee
says he has no opinion as to the guilt
or innocence of the defendant.
A. G. Robinson, after being chal-
lenged because of his opposition to
conviction on circumstantial evidence,
was held by the court, the challenge
being disallowed for the time
T. w. Adams, Ernest F. Decker, E.
Quackenbush were excused upon chal-
lenges for indirect bias. This is the
closest the state could come, under
California statutes, to formal chal-
lenges. Each man said he would not
infiict the death penalty upon circum-
stantial evidence, and Judge Bord-
wells efforts to learn if this was their
real state of mind seemed to reveal
that it was.
would you obstinately persist in
your opinion in the face of all evidence
to show that it was unfounded?" the
court asked Otto lessen, and lesson
said he would.
You're excused" said Judge Bord
well.
The case of Adams created lively in
terest because the examination rar
much along the lines of his socialistiC
belief. Robinson stretched the ingen
uity of both sides, in their efforts to
learn whether he would or would not
be willing to infict the death penalty
on circumstantial evidence.
First he says he will and then he
says he will not He blows hot theT
he blows cold. Who shall say wha
are the facts?" asked Chief Trial Dep
uty G. Ray Horton of the court.
"The people are entitled to jury o
twelve men who will infict the deatf
penalty" asserted District Attorney
Fredericks, ito twelve men who will
go the limit This man won't"
How do we know he won't?" quer
red the court.
He says he won't" replied the dis
trict attorney.
The court mused over the tangled
record.
I'm not so sure he said that" sail
the court and he ordered that Robin
son stay. "If I find my ruling i
wrong, ! shall change it" he added.
Desert craft" known more or les
- by nearly every man in the cour
room, was drawn upon by Attorne
Darrow to explain circumstantial evt
dence, during an argument over il
The cunning art of trailing men acros
desert wastes with only the slenderes
threads of clews was cited by Darrov
and common frontier tragedies wer
touched upon.
IF you know a man had revolve
of unusual caliber and another ma
were found dead with a bullet of tina
caliber in his body, would you conside
that circumstantial evidence?" he ash
ed Talesman Mcintosh
yes"
COR if you found horse trail wit
three good shoes and one half sho
and knew of a horse with three goo
shoes and a half-good shoe?"
Eyes"
COR the trail of man showing onl
one heel mark and if you knew of
man who had lost one boot heel?"
"Yes."
, That anyone who attended the joir
funeral of the Times victims, wher
sixteen coffins lay across the stage {
a local theater and heard the oratio