New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-17
SEEKING M'NAMARA JURY
State Withdrew Objection to
Challenge of First TaleSman.
MANY POINTS UNSETTLED
Defence Intimates District At
torney Is Trying to Railroad
Prisoner to Gallows.

bOlH ey 10 lying w Ss"iii Wv"
Prisoner to Gallows.
Los Angeles. Oct Is-vhen seemingly
caught in it's first snag, the Mcnamara
murder trial In an instant to-day twisted
itself out Of a situation which had worried
oprosing counsel since last "Wednesday, ana
/ for fhe remainder OF the day went aheao
steadily
Could vou 40, aside your opinions sur
fcisntl, IN enable you to give a fair and
impartial verdict p" was the crucial ques-
tior nut 10 Talesrnsn H. T. Nelson Nelson
/ Lad been asked hundreds Of questions TO
elicit his views and he had answered AL oi
them without clearing ZIP the SITUATION
1T would take pretty strong evidence
he replied obviously.
District Attorney John n. Freoericks
thereupon withdrew opposition to chai-
lenge previously made rs the deiehce vi
the charge Of bias.
There was nothing else 70 do after that
question and answer" said Fredericks ia'ei'
The talesman disqualified himself
Judge Bordwen himself examined Nelson
az length before the question was settled.
Nelson's final discharge on fundameh'al
grounds leaves the many questions raiseu
curing h,a examination still not ruled on IN
] this case.
Two Talesmen Satisfactory.
When court closed to-day two other tales-
men had been examined by the defence.
one Of them, John ". Roberts. real
estate dealer. was found satisfactory ana
Robert F Balm. a carpenter. also was eN-
amined without raising any contest. Never
theless. II was the fairly general opinion TO-
right that the Nelson case would be duph-
Gated before jury was obtained
Roberts and Balm both are past middle
age and white haired. Roberts reclted
number of businesses he had engaged IN
vbiI, being questioned by Mr barrow, oi
counsel for the defence Suddenly MI
| barrow caught a familiar phrase
Ever studied law" he asked abruptly
| Yes" said the talesman, "a long time
ago"
He seemed pleased at the detection
The Merchants and Manufacturers AS
sociation. a local organization which l.
among those offering rewards for the de-
tection OF the person or persons supposed
nv them 70 have blown up The Times
building. was brought into the situation To-
dav Roberts said he belonged TO 1t several
years ago. .a
briefly tomorrow.
| 81 only intend TO speak about half an
hour" declared Joseph Scott, the attorney
selected 10 conclude the argument to-day
for the defence against nelson liiii'''
after court adjourned.
Of
the fundamental feature Of this trial ad-
ded Mr.. Scott ..
Folks have read a great deal in the
newspapers and magazines about tnls case
I'm, think we can find twelve men VINO
can waive that information in lieu or eNl-
dence AS far as Nelson is concerned
however. he has admitted that II "ouiu
take strong evidence 10 change his views
and that obviously disqualihes him.
Rather Mob Than Jury Like Nelson
.The defendant had better be taken out
bv a mob and lynched than TO be tried by
a Jury consisting Of men Ike Nelson de-
| clared Scott in a loud voice.
| IT think we may proceed in an orderly
manner" broke in Mr.. Horton.
Certainly, II there is To he an Impartial
trial" added Judge Bordwell
Mr. Scott lowered his tone We would
shirk our duty ~ We did not insist IN fair
iurv" he continued. ard with twelve fair
minded men % per cent Of the task OF ad-
| roinistering Justice Is accomplished.
SO far as I am concerned, want 70
say that II this Jury box is 10 he filed by
twelve men like Nelson, the ends OF jus
tice Will be frustrated The people OF this
is no chicken thief case"
Accused OF Railroadine Prisoner.
Mr. Horton objected TO Mr. Scott's charge
that the state was attempting 10 railroad
Mr.. Mcnamara 70 the gsllows.'
Mr.. Scott" said Judge Bordwell. you
are not AT all justified in your animadver-
sons on the District Attorney and his stan
He presents the case on issues that arise as
hest he can. I don't think ! would take
the view that the District Attorney Is actu-
ated by improper motives.
Your honor" said Scott, Il don't think
We can conceal the fact that there has
been tremendous feeling engendered in this
case Bitterness will have 10 creep in. but
I wish 10 do no one any hurt wrongfully
The twelve talesmen returned 70 the jury
box when court convened in the afternoon
Il was the first time they had been in the
chamber since Friday.
Trial May Cost 100000.
Estimates as 70 the total cost ~ the trial
furnished a frequent topic Of conversation
That II will cost a total ~ more than 500.
coo was the statement Of Mr.. barrow TO-
dav. His approximation was received with
interest. IN view Of the fact that ne mas
heAn counsel IN similar big eases.
A large share OF this sum will he borne
nv the county. II has been found necessary
~ swear many deputies 70 assist in the
conduct Of the trial. and their salaries
average not less than 500 month. The
cost Of keeping tie jury alone Will be at
least g zoo a month.
GIVES CRIPPLE A MONTH