The Washington herald., 1911-10-15

Los Angeles, Cal, Oct. I4-In argument
against the acceptance OF Z. T. Nelson
as a Juror. the defense in the James &.
Mcnamara dyna hitting case to-day made
II plain that one OF the strongest points
n the defense would be an attempt to
pro1e that the Times building was de-
stroyed by an explosion of gas.
II has been frequently reported that
oXperts would be called upon TO prove
mis- point, but to-day was the first time
t had been officially announced in open
court
The line of defense was brought out
IN the argument of Judge Cyrus McNutt.
one of the Mcnamara attorneys. Leading
up to II, he spoke of the loose. obsolete
laws OF California, which made it possi-
hle to return an indictment against the
McNamaras without specifically stating
hat kind Of an explosive caused the
"rcCkinC OF the Times building. the most
important point. he said, in the case If
it can be that the explosion was caused
by some agency other than dynamite.
said he. the case against the defendant
win Crumble and fall"
Battle Over Juryman.
.lIds, McNutt made an argument in a
C""nC" 10 the state Of mind Of Vcnireman
Nelson. At the conclusion of his ar
Gument court adjourned until 10 o'clock
Monday morning when Attorney Joseph
Scott. also Of the defense. will take up
the debate.
When court convened this morning g
Ray Horton. chief trial deputy of the
prosecution. opened proceedings by re-
ferriug to Nelson's testimony in which
I.a ..s4il ha hal Ill
ION in the Mcnamara case from read
ing newspap p"rS. from public gossip, and
from the published report Of the grand
iuIN. II" contended this did not dis
''!aiify him a. juror He said the only
question was whether the prospective
Juror could ObHterate thiS opinion from
lis mind and give the defendant a fair
ANA impartial trial on the sworn evil
c'ncc.
IT, read questions and answers from
b." record. showing Nelson had sworn
I~ could do this.
And that point Is anSWrr by the
Questions and answers Of the venire-
mon. said Horton Now the only thing
t@dt remains j. l." accept him a. d juror. e
say Nelson Is Preiudiced.
In MS opening statement. Judge Nc
Mutt said that the only ohjerr in crimi-
nal ras~s was 10 secure twelve impartial
mcn to sit in Judgment H., said that
Nelson had clearly Indicated he had
formed an opinion. and was biased and
I"rJndiced against th,. defendant
TIL" word impartial should never be
lost sight of. said Judge McNutt u,
l. defined nOnpartsan. a person who
.t> no sympathy with either side some
thing that cannot he said Of this veuire-
man.
n" You mean to tell me that in the
Vast population O.: Los Angeles County
iWelN" SUrh men cannot be secured? Do
You wish to tell m" that We must accept
= Juror who admits he has CONF. to q,
strong conclusion that it will take strong
evidence. t. remov,
''Cas'inE my mind hack over nifty Years
Of practice. never hefor, heard of a
juror making such answers and having
Il district attorney insist that he enter
the jury box
It is expected that arguments in the
Nelson case viii Dr concluded Monday
morning. but uhIt a decision will he
handed down by Judge BordweIl during
the day
Oriie Mechanical i> closely watching
the progress Of ~" case against James L.
Mcnamara. He declares he is more
anxious than ever to go on the stand
and tell all he knows
McMnniEhI Sued for Divorce.
Chicago, oct. H-Ortie +, McManiglI
all g~d dynamiter and safe-blower. whose