Omaha daily bee., 1911-10-24
IoLDs JUROR M'KEE ELIGIBLE
Belief Building Was Destroyed by
Dynamite is Not Prejudicisl,
STATEMENT OF THE COURT
Says Answers Of Tslesman Do Not
Disclose Bias of Any Kind,
WILL NOT BE ALLOWED TO SERVE
Defense VIII Use Peremptory Charge
TO Remove Him-Judge Bordwell
and Attorney Dsrrow
Clash.

LOS ANGELES. Cal. oct 9s.--Firm be-
lief that the Los Angeles Times building
was destroyed by dynamite is not neces-
sarily a bar 10 jury service In the Nc.
Namara murder case. according to a rul-
ing made by Judge Walter Bordwell to-
day The Judge held that the talesman,
George w. Mckee, who held such view,
would IN the opinion OF the court give .
fair verdict in the case There Is no
chance that Mckee win get on the Jury,
but today's decision makes II necessary
for the defense to use a peremptory chal-
| lenge to get rid OF him The ruling is the
first on any point considered as Of conse-
quence since the trial began and, the de
fense excepted to It after a passage OF
words with the court The Judges ruling
in part follows:
! Juror Mckee testified thst he had a
definite opinion as 10 the cause of the
explosion, and that II would require evt-
dence to remove that opinion. He has,
however, stated positively that notwith-
standing that opinion. as he explained
was formed entirely from reading state-
nents in the public journals and public
rumor and notoriety he could act as a
Juror In this case impartially and fairly
upon matters 10 be submitted to him
It do not think the court is bound by
the mere statement of q prospective juror
! that he could so act. II is a question OF
fact for the court to determine. But II
! the court is satisfied either from the iur-
or's statement OF the circumstances which
are available that he can act thus fairly
and impartially. the court has no dis
| cretion, but must allow that the Juror is
qualified"
i Now do you think that under the con.
dition upon that matter he can act fairly
and lmpartially2" asked Attorney Ii
i Compile Davis for the defense
:, The court. Il think so from the test
mony of Mckee taken as a whole. hav,
] examined 1t carefully and considered I
and taking into consideration all tn
questions asked Of him and all the ans
swers which he has given, I cannot upoi
my conscience come to any conclusion
other than that he can and win act fairly
and impartially upon all matters sub
mitted 10 him, and require Just as muct
proof on the part Of the prosecution II
this case before he would come 70 thu
conclusion that the defenant is guilty
as he would require II he had no Views OF
any subject connected with the case. Be
ing of that opinion. as matter Of fac
must come TO the conclusion as a mat
ter Of law under this subdivision Of thu
penal code that the juror is qualified"
JudEe and Dnrrow Collide,
A collision between the court and At
torney Darrow occurred when Talesmal
Willis F. oliver, answering a question b.
Darrow. said he knew of no reason VIII
laboring men should strike.
DO you mean that strikes are not re
quired or not proper2' asked Judge Bord
we'll
''I object 10 your question. your honor.
said Attorney Darrow, emphatically. %
am examining this man
Il think the question 10 proper one
and the objection is overrulsd." reptile
Judge Bordwell
well. think the question conflict
with my line Of examination"
''Oh. on that ground l will not ask It,
replied the Judge II was simply gettin
at his state OF mind "
This is the first ruling Of the tris
which the defense has strongly opposed
Only eighteen men outside the jury bo
and six in It OF the original l25 venire
men summoned to try James B. McNs
mara for murder remained when cour
convened today at the beginning OF tn
third trial week No Juror had qualifie
finally. Three talesen, Zeoborn Manning
Robert Balm and F. d. Green, had bee
passed" or temporarily accepted b
both sides.
Talesmen A. c. Robinson and A. F
Mcintosh were excused by Judge Bord
we'll today, leaving only twenty-thre
talesmen and veniremen, Both men sal
they were opposed to conviction on a caI
ital case on eircumstsntial evidence.