The Birmingham age-herald., 1911-10-15
Outlines Tremendous Strug- gle for the Life of the
 Two Brothers
TRIAL WILL LAST AT
 LEAST SIX MONTHS
Jhdge BOrdwell Will Deliver lmpor- tant Opinion Tomorrow Showing How Far an Attorney May
 Question a Talesman

Los Angeles, Cal, October 14.-A scurry sor country clubs and beaches marked today the end of the first week of the NlcNamara murder trial. When Judge Bordwell adjourned the case at noon un- til Monday the big white hall of records in which the trial is being conducted was depopulated quickly. James B. Me Namara, on trial for the murder of Charles J. Haggerty, a victim of the Los Angeles Times explosion was taken back to his cell. where, during the after noon, he discussed the situation with his brother, John J. MeNamara, also under indictment for murder.
 The brief week, interrupted by two holidays was sufficient to outline the tremendous struggle now beginning. Those who at the beginning predicted a three months trial, heightened this 10 six morths and some to nine months or more, may have elapsed before the trials of the brothers are completed, seemed the general opinion. A month in which to obtain jury was held a mod crate estimate Whether the S00 or more yeniremen remaining were sufficient to supply jury was discussed with the II might be pushed out of Los Angeles county for lack of jurors
 External Evidence Not Important
 External evidences were held of minor importance compared with the deelara- ton in court from the defense that the ease would be regarded not alone as the trial of a single man but as a strug- gle in which organized labor would play a leading part. That and the defense that the Times was blown up, not by dynamite but by gas, seemed to com prise the position of the defense. although the burden on the state Of showing that James B. McNamara was in Los An eelcs or at any place where he could have been responsible for Iiaggerty's s death will be strongly insisted upon.
 Perhaps 800 witnesses all told are be- ing held in readiness according to esti- mates of counsel. With the exception of Ortie McAIanigal, q leading witness for the state. now in the county jail none is in Los Angeles so far as i> kfloHn.
 Today was expected to see the finish of arguments over the .admissibility as a juror of z. T. Nelson, who was chal- lenged by the defense for bias, but at the close of the court it was announced that Attorney Joseph Scott of Los Angeles had 8 few words to say in behalf of the de fense
 we will hear Mr. Scott Monday morn ing.n said Judge Bordwell cheerfully
 Los Aneeles October H-Further argu- rnent as to whether z. T. Nelson should be sworn as a juror in the trial of James L. MeNanlara, indicted for the murder Of Charles Haggerty, victim or the Times explosion, occupied brief session Of court today. From behind battery ,ft. tior and defense wrangled as to Nelson $ eligibility. delving deep into the realms Of preo edent cases on the bias of tales men. -
 On Monday Judge Walter Bordwell will render a decision as to whether bias or prejudice is contained in Nelsons adHns- sions on the stand that he had formed certain opinions concerning the blowing up of the Times building, which caused tne death of score of men and on which the indictments for murder against James B. McNamara and his brother John J. are based.
 Attorney G. Ray Horton concluded the argument of the state that Nelson, though admitting he held opinions about the case had shown his impartialty py announcing that he would waive these opinions in lieu of evidence introduced.
 Attorney Cyrus McNutt of Indiana fin, iehed the discussion for the defense, cit-' Ing numerous cases were preconcelVed impressions admitted by talesman had been regarded by the courts as sufficient to disqualify him. ffst
 "Anyone can see. that Nelson is preju- dlced against McNamara," remarked Clarence S. Darrow, chief counsel for the defense "and he has 5hs own theories. too, by personal investigation that the Times building was blown up. by dyna- pits.
 Defense to Argue Gas
 The defense considers the question of the, explosion mooted point and will argue that it was due to gas.
 Nelson has said he would set aside his owr opinions and receive. the, evidence lmpartjally," was the expressed attitude of District Attorney Frcdericks.f 'I don't see how VIC ever will get an intelligent 1ury if we bar. everyone who has some opinion on the case"
 The defense in this connection cites the answer to Nelson that 1t would take. sstrong evidence to change his opinion concerning the explosion as a sufficient proof or bias. It was intimated by MT. barrow before court opened today that should the court disallow the challenge for cause against Nelson, at any rate peremptory challenge would be exercised against him by the defense.
 with keen interest the ruling of the court Will DC dWditcu, anu u WoS ooiH today that an elaborate opinion from Judge Bordwell will be forthcoming on Monday The weight of the opinion, it is considered, will be felt throughout the preliminary stages of the trial in the empanellng of a jury. It Is expected to define how far newspaper reports or pre- conceived notions as to the manner in which the building was destroyed formed Inv personal observation or gossip in the town may prejudice jury.
 Judye Bordwell. though not ready to explain the decision, the categorical an no,,ncement of the acceptance or rejec- tion of the talesman being regarded as .ufrcient. it is predicted will set forth at length the limitations which counsel son reach in future interrogation of the talosmen The range which may be t,,versed by the attorneys i'll seeking to ,.arn II talesman's views on labor war far. also is likely to be settled by the r,linp of Judge Bordwell.
 .T irtend to study the transcript of N.;son's answers very carefully said 1udpe Bordwell early today, and VIII snnounce my decision on Monday.
 Few People Present
 Eew people were in the court room todav the automobile race at Santa Mon- ,ca ttractjng the curious. As matter of sact the audience in the chamber has been comparatively sparse since the trial began The great length to Which
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