The Birmingham age-herald., 1911-10-12
Famous Dynamiting Case Is Opened in Los
 Angeles
LITTLE PROGRESS
 MADE ON FIRST DAY
Indictment Is Read To Veniremen By Attorney-Frederick White ot the Defense Makes First
 Speech


 justice.
 District Attorney John D. Fredericks, for the prosecution, elected to try him for the murder of Charles J. Hasgerty, machinist, who with 20 other men met death in an explosion and fire which wrecked the Los Angeles Times building October l, 1910
 This case was picked from 19 indict- ments for murder found against the pris- oner his brother John ]. McNamara, sec retary of the International Brotherhood of Bridge and Structural Iron Workers, William Caplan and M. A. Schmidt, both at large, and four unidentified persons, specified as John Doe. Jane Doe, Rich ard Doe, and John Stiles, because flag gerty's body was found nearest the spot where the explosion occurred.
 The prosecution contends the expos- lon was caused by dynamite, the defenss that it was Caused by gas. The new Hall of Records in. which, the- trial is being held is only stones throw from the scene of the explosion. This was the setting of the legal stage. Upon it couh- sel for the defense headed by Attorney Clarence s. Darrow of Chicago, in ques- tions to the jury and arguments to Judge 1. Bordwel sought to depict a mighty cofi- test between organized labor, in which the McNamaras are union men, and the opponents. the prosecution
 Times Building Near .......
 The site of the old Times building lies almost within the shadow of the unfinished hall of records in which the trial is progressing and the whistles of engines working on the foundation cf the new Times building sounded rom time to time out of the, open win dows of the court room. .,.5....-..,
 Counsel for the defense, gathered about prisoner headed by Attorney Clarence $. Darrow of Chicago. Asso- ciated with him sat Joseph Scott, 1.ecompt Davis and Job Hartman, all Of Los Angeles. Mrs. Darrow sat near Nker husband
 District Attorney Fredercks handled the prosecution, aided by his regular assistants. "A delay, seemingly interminable to eager spectators, occurred at the open lug Of the court while a procession of seniremen explained to Judge Bord well why they should not be asked to serve. This was the end of a pre- liminary hearing in which the Judge rapidly weeded out over half of the venire of 125 men before the trial formally opened.
 The McNamaras were brought into court and remained until James B. Me namara was selected for trial when John J. was returned to his cell.
 Davis Speaks First
 After few minutes of parly, Attor- ney Davis, for the defense, faced the waiting veniremen and made the first speech of the trial.
 ',The court suggests that I inform you that when you enter the jury box you will remain there or locked up until the end of the trial" he said. If you want to see your wives or attend to your business you had better do so before this afternoon"
 Recess was taken at 11:10 until 2 |. m. Court reconvened at 2:05 o'clock. Twelve veniremen were placed in the jury box out of the venire which origin ally numbered 125. but which today con tained less than 40.
 !. District Attorney F'redericks read the indictment to the veniremen, pointing out the prisoner and explaining the case briefly 'so that the veniremen Iight know in general what it was about. should they be called upon to become trial jurors"
 z. T. Nelson, & farmer, aged 62 years, was the first man questioned. He said he did not belong to any labor union or any branch of organized labor.
 "I presume you are aware of the bitter warfare going on between organized labor and capital?"
 Yes" f Are you in sympathy with organized labor or not?"
 Gray Horton, counsel for the prosecu- ton, objected to the question and Mr. Davis launched into a defense of his question to the court, declaring that the case was one that involved organized labor. ''I have no doubt" said MT. Davis, "that the prosecution will bring in as a motive the attitude of organized labor The contention will be that organized labor caused the explosion to get even. think it would be proper to ask if a man had any bias or prejudice to organized labor"
 Mir. Davis withdrew his question finally and asked of MT. Nelson: Have you taken any interest in the labor war, or have you studied the question?'
 No more than have read in the pa pers.'
 well. have you formed any opinion as inimca. or are menace in the United etates?' ..f
 Numerous Objections
 Counsel for the prosecution objected, saying the defense was attempting to as- certain the opinion of jurors as to other matters that were bound to become olies- lions of evidence in the trial. and that in direct way an effort was being made, to determine how juryman might vote on the verdict .t,.stg
 Judge Bordwell ruled that the question concerning labor concerns could be an- swered and MT. Nelson said;
 q am not prejudtced against labor unions, as organizations" z Well. do, you believe labor unions as you understand them to be carired on here in California are 0 menace?"
 District Attorney Fredericks interjected that the question assumed that the jury man knew of the conduct of the labor lnions and that the issue was foreign tc the subject.
 Union labor is not on trial" said W. J. Ford for the prosecution. James B. Me Namara is on trial for blowing up the Times building. The motive may refer to labor unions. but that Is not the issue in- volved." , Judge Bordwell ruled again that the question was proper
 "It Is hard to answer replied MT. Nell son. .I don't think an organization should ho held responsible for acts of any one lawless man." .Nes
 Have you ever discussed with anyone Nvhether labor unions. as conducted in