The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-02
WITH RUSH
Court and Lawyers in Mcnamara
Case Appear Determined
70 Secure q Jury Before the
Close of the Week.

Los Angeles, Nov. 2.-In contrast t.
yester days tedious proceedings today 5
session of the Mcnamara murder trial
opened with a. rush. Immediately after
the opening of court Talesman Lorenzo
Romans, challenged yesterday by the
state was released by the court with
consent OF both sides and with no ref
erence al all to the ground for chal-
lenge, which was a statutory provis-
ion against any mental OF physlcaI
disability.
This left nine men in the box, all
accepted as to cause and three more
Veniremen, John Chambers, L. e. Miles
and J. M Hunley were selected by lot
to take their places in the box Mics
said he could not hear well and was
opposed to capital punishment he
WAS excused Chambers was excused
because he said he could not bring
in a verdict OF guilty on circumstan
tial evidence ana the box was filled up
again.
Opposing counsel soon involved them
selves in a tangle over Judge Bord-
wells action in eXcusIng J. W. Cham
bers and O. FL. Hayes, neither of whom
believes in voting for conviction in a
capital case on circumstantia1 evidence.
The state argued. that it rhallenS-
ed Chambers informally but had Not
challenged Hayes and Hayes was re-
called to the box.
I'VE now ask that a subpoena be
issued for Chambers said Attorney
Joseph Scott of counsel for the de-
Tense. The request was refused.
Attorney Lecompete Davis for the
defense was refused permission to ques-
ton the talesman regarding his beliefs
on circumstantial evidence. 1t having
been held previously that the defense
could not challenge on this ground
If you challenge this one case, why
don't you in the other?" Davis asked
District Attorney Fredericks.
Just because we have an ak we don't
have to swing it, returned Fredericks
Davis then asked that Hayes name
be put back in the box from which
names of veniremen are drawn to fill
vacancies in the jury box and left there
to aawit his turn. This was refused.
Judge BordweH closed the incident
by announcing that he would not ex-
anime any more talesmen as to their
beliefs on circumstantial evidence.
I'VE hope to have the box TILED by the
S Nr II Horton rtl ..Fben the opportunity TO
exercise peremptory challenges will De
given. Inasmueh as the defense mas
twenty Of these and the state only ten,
we probably will use fewer than they.
Counsel for the defense expected today
to present witnesses to oppose the state 5
challenges. made late yesterday against
Talesman Lorenzo Romans, under a sec
ton of the penal code covering all man
ner Of personal inability to serve as
juror.
The nine talesnen who had been
passed for cause at the opening of to-
days session of court were Sam Men
denhaH Seabeard Manning, Robert
Balm. F. D. Green, George w Mckee,
A. C. Winter, Walter N. Frampton,
George w. Johnson and Frank Frakes-
Lorenzo Romans was the only other
talesman in the box because yesterday
afternoon two taIesmen were excused
after their fellows not. yet drawn into
the box had been allowed to leave the
court until today and the two vacan-
Heies- could not then be filled Peremp-
tory challenges, which may be called
for even before the end of the week.
are exercised alternately in California,
the state leading off When each side
has used as many as it desires, the
work of filling the box will be started
over again. but no man. once over
looked. can thereafter be challenged
perern ptorily It is possible, therefore,
that the end of this week will show at
least two or three jurors who are final
ly accepted.