Omaha daily bee., 1911-10-22
THREE JURYMEN ARE PASSED
Manning, Green and Balm Not Chal-
lenged for Cause.
PROBABLY WILL TRY MCNAMARA
JudEe BOrdweII AdiOurns Court
UntIl Monday, At which Time
Questioning of Mckee
VIII ne Resumed.

LOS ANGELES, Cal, oct H-Out OF
eleven talesmen who sat in the jury box
at the Mcnamara murder trial at the
opening session Of the court yesterday,
only six were left when the court ad-
Journed untn Monday. Those locked up
tonight after having been passed for
cause by both sides were:
Seaborn Manning, rancher
Il. ID. Green. orange grower.
Robert i. Balm, carpenter.
IL is possible that all OF these viii be-
como members OF the jury. no animus
against any Of them on either side being
apparent tonight.
a. X. Mcintosh. challenged by the
state because OF his opposition to inflict-
ing the death penalty on circumstance
evidence, will be questioned by the court
before he Is held or excused
George W. Mckee, who says he Is firmly
convinced that the Los Angeles Times
was blown up by dynamite was under in
terrogation by the court at tho close OF
todays session. lie is not wanted by
counsel Tor the defense, who assert that
James B. Mcnamara, their client could
not have dynamited the building and
caused the death OF Charles ]. Haggerty
for which he Is being tried, because the
building was blown up by gas. They,
therefore. challenged Mckee, and are
awaiting a ruling from Judge Bordwell.
Mckee says he has no opinion as to the
guilt or innocence Of the defendant.
a. c. Robinson, after being challenged
because Of his opposition to conviction
on oiroumstnntial evidence, was held by
the court, the challenge being dlsallowed
for the time.
Excused for Indirect Bias.
T. w. Adams, Ernest f. Decker. Il. L.
Shower, Otto A. lessen, and II. Y. Quack-
enbush, all we're excused upon challenges
for indirect bias. This Is the closest the
state could come, under the California
statute TO formal challenges because each
man said he would not infllct the death
penalty upon clrcumstantial evidence, ana
Judge Bordwel's efforts to learn IL this
was their real state of mind, seemed to-
reveal that II was.
would YOU obstinately persist In your
opinion In the face OF all evidence TO
show that It was unfounded?'' the court
asked Otto Jessen, and lessen said he
would.
You're excused said Judge Bord-
we'll.
Inc case OF ADAMS CIedteu hNtly III
terest because the examination ran much
along the lines of his socialistic beliefs.
Robinson stretched the ingenuity of
both sides in their efforts to learn
whether he would or would not be will
Ing to inflict the death penalty on cir
cumstantial evidence.
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. r. Horton of the court
THE people are entitled to jury
OF twelve men who win infilce the death
penalty" asserted District Attorney
F'rederlcks. ITO twelve men who will 90
the limit. This man won't"
How do you know he woR't2" queried
| the court.
HE says he won't" replied the dis
trict attorney. ..
The court unused over the tangled rec
ord.
I'm not so sure he said that" said
the court, and he ordered that Robinson
must stay. "If / find my ruling is
wrong, shall change IT," he added.