The Birmingham age-herald., 1911-10-21
BUT SIX JURORS NOW REMAIN OF
 ORIGINAL ELEVEN However, But Two or Pos
 sibly Three Will Sit on the Jury
COURT ADJOURNS
 UNTIL NEXT MONDAY
Mcintosh Will Be Questioned Fur ther By the Court as to His Views on Capital Punish
 ment-Robinso Held

the Ii talesmen who sat III tne Jury ooN at the MeNamara murder trial at the opening of court today, only six were left when court adjourned until Mon day. Of these six, however, 1t is con sldered not more than two, or. perhaps there will find themselves on the jury as it is sworn in.
 Those locked up tonight after nav ing been passed for cause by both sloes were Seaborn Manning, ranchef; F. D' Green orange grower; RoNert F. Baln' carpenter. It is possible that all of these will become members of the jury, no re- sistance against any of them on elther side being apparent tonight.
 A R Mcintosh. challenged by the state because of his opposition to in friction of the death penalty on circum- stantial evidence, will be questioned by inc court before he is held or excused.
 Nick ee Challenged
 George W. Mckee, who says he is firm iv convinced that the Los Angeles Times was blown up by dynamite was under interrogation by the court at the close of today's session. He is not wanted by counsel for the defense, who assert that James B. McNamara, their client could not have dynamited the building and caused the death of Charles J. uaprertv for which he is being tried, because the building was blown up by gas. They, therefore challenged Me kee and are awaiting ruling from Judge Bordwell. Mckee says he has no opinion as to the guilt or innocence of the defendant.
 A. C. Robinson. after being chal- lenged because of his opposition to con viction on crcumstantial evidence, was held bv the court, the challenge being disallowed for the time.
 T. ". Adams, Ernest E, Decker, E. l. Shower, Otto A. lesson and II. Y. Quaekenbush. all were excu~sd upon challenges for indirect bias. This is the closest the state could come, under the California statste to formal chal- ienges because each man said he would rot inflict the death penalty upon cir oumstantial evidence and Judge Bord- wells efforts to learn if this was their real state Of mind seemed to reveal that it was.
 ..Would you obstinately persist in your opinion in the face of evidence to show that 1t was unfounded?" the court asked Of Otto Jessen and lessen said he would. '.Yeu're excused" said Judge Bordwell. The case of Adams created lively inter est because the examination ran much along the lines of his sociaistic beliefs. Robinson stretched the ingenuity of both sides in their efforts to learn whether he would or would not be willing to infict the death penalty on circumstantial evi- 0ence.
 .First he says he will and then he says he will not. He blows hot; he blows cold. Who shall say what are the facts?' asked Chief Trial Deputy G. Ray Hor- ton of the court.
 .-,rhe people are entitled to a jury of F men who will ihnict the death pen alty.' asserted District Attorney Fred ericks ITO F men who will go the limit. This man won't"
 How do we know he wont?" queried the court.
 He says he won't,' replied the district attorney.
 The court unused over the tangled accord.
 "I'm not so sure he said that said the court, and he ordered that Robinson must stay. 'lf find my ruling is wrong l shall change it." he added.
 Though the empanelling of a jury to try the case of James B. McNamara, indicted for murder resulting from the explosion of the Times building still is matter or weeks, definite progress had ben made when court opened today toward defining Ahe isues, principal and collateral along which the battle will pe fought.
 After having concluded it's examination for cause among Il of the 12 talesmen in the box. reserving still with the courts permission the right to interrogate furth- CT H. Y. Quackenburg about matters Jer being investigated,' the defense has em- phasized by three challenges for calse that it would consider as hostile those talesmen who not only are .preJudlceu against labor unions and their methods of operation, but those who firmly believed dynamite destroyed The Times building.
 Socialists Excluded The court is not expected to render It's decision on these challenges until the state has had its opportunity to examine talesmen for cause. The prosecution therefore continued today it's examlna- ton of T. w. Adams and it was appar ent by the lines of questions too that the state deemed it essential that no talesnan should serve who said gas explosion caused the disaster. The state further more, in it's examination of Adams has revealed that it will consider unacceptable those talesmen in whose minds socialstlc views are embedded.
 That anyone who attended the joint fun eral of the victims of The Times explos- ion where 16 collins lay across the stage of a local theater and heard the oration on that occasion by Rev. John P.A (Bob, Burdette pastor of Emeritus of the Tenn ple Baptist church, cannot be an impar- tiaI juror, was the position taken today bv counsel for the defense. It is said to be unique.
 At the afternoon session of court Judge pordwell excused Talesmen Shower and Adams, who were challenged for cause by the defense and the state respective k. Showers had said he believed James E. Mcnamara guilty of blowing up the Los Angeles Times and that he believed the statement over the signature or Ortie T T. Manigal to this effect. Talesman Adams whose views on so- cialism were made the subject of inter- rcgation. was challenged by the state be- cause of alleged bias after he had said he was opposed to inficting the death panalty on circumstantial evidence
 Talcsman Robert r. Bain, carpenter