The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-10-19
BIG ISSUE OF TRIAL
Of NJ 'NAMARA RAISED
Should a Man Believing Los
Angeles Times Was Dyna-
lnited Be Barred?
BORDWELL TO DECIDE
Three Talesmen Examined
and One Excused During
Course of the Day.
BORDWELL TO DECIDE

Los ANGELES. Cal, Oct Is
Three talesmen we're examined and one
was excused in the murder irlal OF
James b. Mcnamara today. what Is
considered one of the big issues OF the
trial--whether man who believes
firmly that the Los Angeles Times
building was destroyed by dynamite is
thereby disqualified from serving on
the iurv-rested tonight in the hands
of Judge Walter Bordwell, who pre-.
sides over the trial instituted 10 show
whether James B. Mcnamara caused
the death Of c. J. Hsggcrty, mach'nist'
who lost his life in the Times explosion
and fire, its opposing counsel seeing no
hope of securing jury until this point
is decided.
Attorney Clarence s. Darrow and
other counsel for the defense, holding
that the Times explosion was caused
sby gas and that Mcnamara could not
have brought it about for this reason,
argued TODAY in court that a. liked be
lief in the dynamite theory preludlced
the rights of their client aud that the
talesman who held 1t would not be
fair juror.
Position of the State.
District Attorney John r. Fredericks,
for the state compared the situation
10 the case of burned barn which IS
Of record.
"a man believing that the barn was
burned, yet having no opinion as to
whether the defendant burned 1T, was
allowed TO serve as q juror, be sald
ESimiliarlv, talesman may belleve
that the Times building was destroyed
by dynamite and still have an open
mind regarding the defendant IN this
case. as these men say they. have.
"Is this your idea Of fair juror
h.Ioroay of Frederic ks.
after Otto A. lesson had testified that
he believed the Times was dynamlted
by members of officers of trades unions
and that he ''tbought he had A preJud~
ice against unions but had no preJud-
ice against Mcnamara himself.
cit certainly is,'' replied Ercder-
icks. :.
"WeN. like your idea Of fairness. -
said Darrow in low voice,
Judge Intervenes
Judge Bordwel promptly interVcned
and ordered the examination to pro-
coed
Charles d. Chaffee. the man excused,
was challenged for cause. because his
name was not on the Los Angeles coun-
ty assessment roll.
George w. Mckee. the other man
challenged. held the dynamite eyplo-
sion theory. but expressed no animus
toward union labor.
A new line of inquiry was developer
by the defense i'll the examination OF
Edward +. Decker, a landscape gard
ner.
Decker said he bad never worked for
General Garrison GRAY Otis. publisher of
the Times. nor for Harry Chandler, Gen.
| eral Otis son-in-law. he said he had
! once belonged to tho electrical work
| ers union. but was called out on strike
and left electrical work for less dan
gerous employment. He said he had no
| prejudice against the prisoner.
Has No Fears.
! "You could give fair VcrdictI'
asked Attorney Darrow.
''You wouldn t be afraid of any dis.
favor of the public?''
| 'Noi'
''Or loss of money!
| ono
cor loss of busincss'"
| HNo. -
ANY Of your family bold ofice!'
"My brothcr-in-Iaw is a game war
dem
''1s that Office appointive or cleo,
tiye?'
''Appontive.
Decker was passed for the time,
| Edward G. Robinson. the talesma n
under cross-examination whcU court adj
iourped tonight. said he was preiudiced
| against the wav labor unions 'are con.
ducted in California, because of
strikes
He said nc did moi know whether he
considered strikes legal or illegal, but
his prejudice was wen fixed.