Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1911-10-19
,,osecution EIated over Rulings Of
Judge Bordwell on
Objections.
urN wIWTH PREJUDICE
!" :" ACCEPTED AS JURORS.
,,,doe Interrupts Talesman to Keep
''' Him From Saying What
He Thought.

81 garn ,SS chief operative McLaren at
tba ' end of the second days session OF
on in the Mcnamara case. The
,,noang leer on the face of the brutal
. S AnY spoke louder than his words.
ue re conclusion of the sleuth was
undoubtedly based upon the runngs q
Judge Bordwell on the objections q
The prosecutionto questions PROFOUND
cd bv the attorneys for the defense
tn prospective jurors.
r Nelson, a retired merchant
living at Long Beach was evidently
anyious to serve on the jury. The
nrosecntion was equally anxious to
hove him. Burns men wanted him.
Indga-Rordwel lmade rulings that can
hest he Interpreted by the reader.
The first important question that
was asked was put by Lecompte DAVIS
of the defense. !,
Have YOU an opinion, Mr.. Nelson,
asked Mr.. Davis, whether Labor UNI
ions. as they exist today in this coun-
try, are proper, or are they lnlnlcaf
TO society and a menace to the well
fare of the community?
Then arose a terrific objection on
the part of the prosecution. Nelson.
said he was not prejudiced against
labor unions. His apparent mental
reservation caused Attorney Davis to
saw. This defendant is member OF
organized Labor, and presume the
native they will claim-and do not
think YOUR honor can have any doubt
of that. that the motive which actuated
the commission of the crime was to-
ayenge what they will claim was the
attitude and the conduct of the Times
toward organized Labor. Now we nave.
got to meet that. Their els no quesT
tion about it, and that matter has
been discussed since long before this
crime was committed, and the question
now presents itself to your honors
mind.
"Shauld A. mar, who is absolutely
opposed to organized Labor, who Isl
biased and prejudiced against organic
ed Labor, sit on this jury
Davis argued that bias and preJHdlce
were elusive quantities and he sought
to deyelopea the real state Of Nelson, g
mind. The prosecutors wildly object
ed and Nelson, the prospective juror,
in his eagerness, volunteered the lf-
formation that he was ia reader OF the
Times.
Then Job Hartman quickly asked:
Does the use of the strike by the
unions in conflict with the employers
prejudice you against them?
''As far as the strike is concerned,
mo- replied the talesman. But IN the
way they are carried on.
Never mind, that will dol! said.
Judge Bordwen with great haste.
sClarence barrow sprang to his feet3
and said in loud, clear tones:
q submit that the court interrupted
this talesman as he was about 20 ex-
plain his state of mind. 1t is plalH
this man has prejudice and was
about to state it when the court stop
ped him"
The court ruled that the queslion
had been properly answered, anu
barrow made an exception. DarroW :
quick action nonplussed the court, ana
the defense quickly took up lts az
vantage. e,
But as strikes are carried on s!
queried the defense?"
Il was about to say SAID the taissz
man, taking his cue from the judge,
"thatNthat-I know nothing OF now
they are carried on
This weak and shffty statement
caused ripple of amusement 70 Eulil
through the courtroom.
Burns men, who are virtually "
charge of the prosecution, were eiatea
over the rulings of Judge Borrower,
and it was upon these rulings ana ms
interruption and guidance OF Neiso1
that they based their hope OF gettlns
The right jury"
'WeW've got them here and we q
hang Them" has been the oft repeateu
statement of Burns and his operatives:
Now they have changed it to: we ~ y
get the right jury and We'll hang sne
MeNamaras.'
Hearst's Los Angeles Examiner
played up the most vicious story thas
has ben printed since the arrest @
the McNdhara boys. Coming on.
with first page flare on the openlns
day of the trial the yellow sneet
repeatedly spoke of the younger me- Nc,
Namara as James Bryce. ~
whole intent, seemingly, was 70 p l..ss
JUDGE the public against the pIlso4s.l
on the day he was to be tried for nls
life.
This following the persistent can.
paign of the Times in Circulating ~
infamous pamphlet to every possi.p ,.s
juryman of the county. was parncu-
larry vicious procedure.
Clarence barrow attempted 2
nullify some of the bad effects 81 tns
Examiner story by moving to correcs
the records and fill in the full names
of the Mcnamara brothers as Jonn
Joseph Mcnamara and James Barna s
has Mcnamara, but Prosecutor toIV
made vigorous protest, showing tnat
he will later try to prove Jim 6 Ms. Nc
Namara's name is James Bryce. ms
the defense will readily disprove
Sheriff William Manned is giving
his personal attention to the case, PIT
McLaren, the Burns bloodhound Spills
around issuing his orders to prosecn:
tors and sheriff. Burns still occupies
the leading position in the case. anq
his operatives are doubling their emory
10 keen the professional COMPRESSOR