Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-10-27
COME WITH EXCUSES
Veniremen in Mcnamara Case
Seek Relief From Duty.
ONLY FIVE IN THE BOX
Hope of Getting Twenty Out of New
Panel.
CONTENTION OF DEFENSE
Insists That Examination of Each
Man by State Follow That
by Defense
ONLY FIVE IN THE BOX
CONTENTION OF DEFENSE

LOS ANGELES. Cal. October 21-Nen-
iremen summoned in the new panel OF
forty to try tho case OF James T.. Nc
Namara. indicted for murder as "A resul,
of the Times building explosion. came IN
Judge Walter Bordweli an hour before
the opening of court today 10 present eN-
cuses for relief from possible jury duty,
Out Of the first panel OF -, only two
score Were not excused. ard the days OF
the trial since IL began October III have
been consumed in examining these tales
men. With the exhaustion yesterday o.
the panel additional veniremen We're oh
tained for the succeeding days OF jury
examination. and IL Is expected that be
fore the final dozen Is selected To try the
case the process will have been repeated
several times
In the box AT present are A. 4. Mlnter.
under challenge by the defense for cause
the disposal of whose case was expected
TO be the first action of the court today.
and the four talesmen VINO have been
passed by both sides for cause.
Questions Asked Talesmen.
The principles upon which each side
has been Interpreting section 1876 of the
penal code. covering provisions on the
qualifications of jurors. are at present
fairly well defined. and IL Is believed thai
future examinations. therefore. will go
forward much more smoothly and rap
idly
The questions which each side COZ. silers
vital have resolved themselves into tile
following:
Whether 4 talesman believes i'm capt.
tai punishment. whether he has an upin-
ion on the guilt or innocence of the de-
PENDANT which he could not remove.
whether he has also fixed opinion as
to the cause of the explosion which Ire
could not remove: whether he has made
personal investigation of the wreckage
of the Times building and taken a spe
cial interest i'm the case.
Fixed prejudice against labor unions OF
itself thus far has not been effective in
barring talesmen. but usually the de-
Tense has been able to show the linking
of such opinion with a prejudice
against the defendant who II member
of a union. and challenges manipulated
that way have been allowed. Any man
who has not ideas on unionism. has
neither said much nor thought much OF
| the Mcnamara case and who has not
any scruples against capital punishment
Is pretty sure to get on the jury. and
| thus far the combination has proved
itself rare one.
Hope of Getting Twenty.
The veniremen began gathering in the
corridor and courtroom an hour before
court convened.
II the proportion prevailing I'm the first
venire holds good. only about fifteen OF
the forty men summoned to appear would
be left after preliminary examination, but
hope was expressed that at least half
would remain when counsel for the de-
Tense began its work of examination.
The defense was prepared to insist that
each venireman should be examined by
the state Immediately after the defense
finished.
This is the custom in California. and.
according TO citations of Attorney Clar-
ence S. Darrow. chief Of counsel for the
defense. appeared to be the law. but II
is contrary to custom I'm Los Angeles
county. where the practice is TO 80
through the whole box before the state
begins.
II was understood tat the state would
not oppose the new plan.
Senator Gore of Oklahoma was visitor
in the courtroom.