The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-06
TWO MORE LET OUT.
Number of Jurors Is Diminishing in
Mcnamara Case.

Los Angeles. Cal, Nov. 6.-Two more
talesmen were released today from
jury service on the Mcnamara murder
trial soon after court opened.
| seabord Manning, the farmer whose
health caused his fellow taIesmen to
ask the court that he be permitted to
withdraw, was excused He shook
hands, as he left the jury box. with
each of the four men who formed the
committee which waited upon Judge
| BordWe1 to protest against his con-
tinued service and passed out of the
trial Of James b. McNamara-
Ovel the earnest objection of the
prosecution, Judge Bordwel also ex-
cUsed from jury service w. H. An
| dreWS, a talesman over whom oppos-
| ing counsel wrangled for two days
Like many other taleSmen Andrews
| made many conflicting statements re-
garding his own fairness, and Judge
Bordwell let him go because Gf what
he believed Andrews frame of mind.
The talesman, the court said, might
not be able to leave his admitted pre-
JUDGES behind him. The two men were
replaced by William r. Clark and Frank
Hester.
las I understand the talesman's
from OF mind commented Judge
Bordwell, ct is somewhat strange.
have been over the testimony very care
fully. The tafesman does not seem to
understand. His answers are some
what subject to different construction
l don't think Andrews ought to sit on
the jury.
District Attorney Fredericks argued
the point. Il believe with all his an
swers Andrews can sit here an abso-
lutely fair and impartial juror he
declared.
still he seems to develop such
condition of mind replied Judge
says he could and would be a fair and
impartial juror. That doesn't end the
matter though. I am afraid he does
not exactly understand his duty as a
juror. I'm afraid he will be Influenced
by views he has obtained outside of the
court. He will be excused"
William F. Clark took Andrews's
place The next action of the court
was the release of Talesman Manning
for i'll health with the agreement of
counsel.
Frank Hester was drawn in his
stead Talesman Clark examined by
Lecompte Davis for the defense, said
he was a Canadian by birth but was
Civil war veteran and had lived in
various parts of the country and had
been engaged in various occupations,
principally farming, though at one
time he had been an undertaken.
Clark said he had formed no opinion
concerning the Times disaster and
would not be influenced in the least BY
what he heard He admitted under ex-
animation though that 1T looked to
him as # labor unions were RESPONSE
BILE but he said he would not convict
Mcnamara from what he knew at pres
ent.
Clark was passed for cause by the
defense and after a brief examination by
the state.
This made eleven taIesmen passed for
cause by both Sides
Examination of Frank Hester fol-
lowed.
Prospect Is Discouraging.
Los Angeles. Cal, Nov 6.-Some-
what discouraged by the prospect of
finding another talesmen to fill the
place of Seaborn Manning, i'll with !
lung trouble and hitherto regarded as
juror No 1. attorneys in the McNa- |
mara case scrutinized 20 new venil e |
men today and began formal examina- |
ton of some of them The elimina-
ton of Manning meant an additional |
delay before peremptory challenges
could be direeted-an event that had
been looked forward to for several
day as being the first indication of
real progress in the jury getting task. 4
Two men, instead of one, to bring
the number of talesman up to ~,
therefore, was the prospect when court |
convened today. w. H. Andrews, I'M /
der challenge for cause by the defense, ]
was further examined by District At
torney Frederieks, who is resisting the
challenge.
1t was reported today that the state
already has compiled and indexed the
testimony expected to be given in court
by 250 witnesses, and that it still IS
engaged in the work Of arranging for /
the examination of other witnesses.
AT the offices of the attorneys for
the defense much activity has been ap-
parent among the staff charged with d
similar task and estimates as to the
total number of witnesses they intend
to produce vary between two and three /
hundred.