Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-10-19
Attorney Darrow Asks Dis
charge Of Prospective
Jurors Who Held Dyna-
mite Caused Explosion.
HIS CONTENTION is
THAT GAS WAS CAUSE
Examination Of Talesmen
Brings Out Course Nc
Namara Lawyers Will
Follow in Defense.

Los Angeles. CAL, Oct. 18-The de-
tense in the McNamara murder trial
began today's work by challenging TOR
cause George w. Mckee, constructor
who said he had a fixed opinion that
the Los Angeles Times was blown up
by dynamite. The state resisted the
challenge and Assistant District At.
torney G. Ray Horton at once took up
the questioning.
The challenge against Mckee is IN
line with the avowed policy OF the de-
tense under Attorney Darrow to try
to show that the Times building was
blown up by gas and that James Is.
McNamara. on trial for the murder OF
Charles Haggerty, who was killed IN
the Times disaster could not have
been responsible for the explosion or
Hagertys death.
The state holds that an opinion as
to the cause of the explosion cannot
necessarily prejudice q Juror to such
an extent that he cannot give fair
trial.
McKee's Mind Made Up.
Attorney Darrow began to examine
Mckee Immediately after court con.
yened at 1910 o'clock.
.You said yesterday you had an
opinion as to whether the Times DIS.
aster was caused by explosives placed
there, or by gas or some other acci.
dent; As that pretty strong?" asked
Attorney Darrow.
Eyes sir" replied Mckee.
do you think that would prejudice
you against the defendant
mo"
painst orr side of it?,
''No."
How did you get that opinion;
from reading?' ]
"Yes."
'Do you think you could listen ia.
vorably to evidence that the building
was blown up by gas?" y
NO
ut would take much evidence to
change your opinion?"
Eyes"
''Would it take great deal of it?"
eyes," replied Mckee.
"You have had that opinion for
several months?''
Eyes,
"You could not be fair and impair
tial on that subject?'
II don't think So"
Here Attorney Darrow challenged
Mckee for cause but the prosecution
resisted and cross examination was
begun.
Court Takes Matter Under Advisement
Attorney Horton for the state drew
from Mckee the admission that II
sworn as a Juror he would act fairly
and lmpartially" conflning his ques
tions to the guilty or innocence Of the
defendant and not the cause OF the
explosion, ending with the appeal TO
the court that under the penal code
q talesman could serve If his opinion
was based on reading or rumors.
Judge Bordwell said he would take
the matrer under advisement but for
u few minutes opposing counsel argu.
cd the point, Mr. Dsrrow declaring
that by not resisting a challenge yes
terday of another talesman for, the
same kind of bias the state lla:l coz
coded that such talesman should be
disqualified. District Attorney Fred
ericks refused to admit that any such
concession had been made and the
the question of cause was collateral
issue as far as the prosecution WIS
concerned. The court declared 1t SO
understood the states position to
have been thus far outlined
GAS I understand it" said Judge
Bordwell. .'the state declares the de-
tense has no right to inquire into
things which have yet to be proven by |
the state, and the question Of quail
ffcation is to the state a collarteral
fact the ultimate fact being the ques-
tion of guilt of innocence Of the de-
fendant."
District Attorney Fredericks said
he was satisfied with the courts in
terpretation.
Judge Bcrdwell ended the brief
argument by saying he would pass
upon McKee's eligibility later
Clash over Another Talesman.
Attorney Darrow challenged Tales
man Jenson for cause and had q CLASH
with Attorney Horton over It,
Jenson had said he believed the
Times building to have been blown up |
nv dynamite and that unions or lead
ers OF labor unions were responsible
for it.
Attorney Horton insisted that Jen-
son had rot been shown incompetent
under the statute.
"You certainly don't think Jenson IS
AConAsaued on Page ~ !