The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-17
'NAMARA JURY
WITHIN A MONTH
IS Phll:22:'!eI::5|0N
Nelson's Examination =
Talesman Has Cleared the
Atmosphere Materially
BIAS Of JURORS IS THE
STRONG POINT Of INQUIRY

Can They Set Aside Their Personal
Opinions Without Requiring Evil
dence to Remove Such Opinions and
Give Defendant q Fair Trial.
Los Angeles, Oct. 17-Speedy COM
pletion of the jury, that is within al
month or little more. was the outlook
when the Mcnamara murder trial
opened today. The estimates that the
jury room would remain untitled until
December is, or perhaps until Christ
mas. was scaled down to Thanksgiv-
ing or December l, and the predic-
tions that the trial would not end be-
fore May 1, were abbreviated corre-
spondingly.
The examination Of Talesman z. T.
Nelson has cleared the atmosphere, it
was agreed. by defining many of the
issues involved in the effort of deter
mine whether James B. Mcnamara is
guilty of causing the death Of Chas.
j. Haggerty in the Los Angeles Times
explosion and fire.
sufficiently to enable you to give fair
and impartial verdict?" was the ques-
ton put to Talesman z. T. Nelson by
Attorney Clarence S. Darrow, chief
Of counsel for the defense. who is on
trial for the murder of Charles J. Hag-
gerty. a machinist. killed in the Los
Angeles Times explosion a year ago.
Nelson had been asked many hundreds
Of questions to obtain his views and
he had answered all Of them without
clearing up the situation.
II don't Just know" he replied to
this one and in an instant. District
Attorney John D. Fredericks for the
state withdrew opposition to q .chal-
lenge previously made by the defense
On the charge Of bias.
There was not anything else to do
after that question and answer" said
Fredericks later. "The talesman dis
qualified himself. There was no use
putting 1t up to the court"
"In the course of Nelson's examina-
tion he had said he believed the Times
building was blown up by dynamite,
and that he had an opinion concerning
the guilt or innocence Of Mcnamara,
as the defense contends both that the
Times was blown UP by gas and that
were extremely distastefuf to 1t. The
state resisted the challenge on the
ground that under the California
criminal, code. Nelson could hold such
views about being disqualified. 49,
When court closed, Nelson was on
his way home and two other talesmen
had been examined by the defense.
One of them John w. Roberts. real
estate dealer. was found satisfactory
and Robert F. Tain. a carpenter, also
was examined without raising any
contest. Nevertheless. 1t was the gen.
eral opinion today that the Nelson
would be duplicated before q jury was
obtained.
Roberts and Balm are both past
middle age and white haired.
The Merchants and Manufacturers'
association. a local organization which
is among those offering rewards for
the detection of the person or persons
supposed by them to have blown up
the Times. was brought into the situa-
gan asking talesmen II they belonged
to It or other organizations. Roberts
said he belonged to it several years
ago.
There is no case that has been cit
ed" contended Mr.. Darrow for the
defense, that can approach this case
OF Nelson. 1t is up to this court to
that this juror is fair and impartial.
Nelson has conclusive opinion
that this building was blown up by
dynamite. Brother Horton Of the
state says that Is collateral issue and
we may prove an alibi. We may and
we may not. 1t isn't the business Of
the state to tell what we will do. We
have perfect right to say that no hu-
maE being committed this crime and
a vital defense, 1t is expected. too. But
there Is u man who says the building
was blown up by gas. obviously he
says client is not guilty. 1t is ma
terial issue. l say. and you can't con-
Se III
fcndant can sit here mute. he doesn't
have tn prove an alibi. 1t is necessary
for the prosecution to prove that a
burden is on Them"
Il " isll to instruct you." said Judge
FordweL. addressing all the talesmen
''t!.at you must not have your desire
T.. serve or not serve, influence your
answers. It would e1nbarrass us ALL
Judge Rordwell asked Mr.. Nelson ,o
take the witness stand.
did you suffer from illness last
Friday?" asked Judge Bordwell.
Yes, sir; I had cold" answered
Mr.. Nelson.
"You have already said that you
entertained some opinion concerning
facts in this case. May I inquire Il
your opinion is based in part on pub.
lie rumor?"
Eyes. SIR"
"Is your opinion based on common
nOtoriety, by which l mean common
knowledge Of the thing?"
ut is.'
rs your opinion based in part or
what you have read in public jour.
nals?"
"Yes, in part"
"Is your opinion based at all or
anything other than public rumor
common notoriety, or statements ir
The public journals. or all three?"
mo, I could not have learned abou
It in any other way"
The questions of the Judge wer.
those included in the penal code de
claring talesmen qualified to serv.
even II they had previous opinions
provided these Impressions arose from
public rumor. common notoriety o,
statements in the public journals"
Have you ever talked. Mr.. Nelson
with anyone about the defendant'i
guilt or innocence?"
Yes"
"Did your talks with others consti
tute the basis Of opinion you nov
hsve?"
I'm part"
"Then you mean to say you got IN