Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1911-11-22
mot Law And NOT JUSTICE
is EXCLAMATION OF DARRoW
WHEN JUDGE REFUSES TO
ALLOW HIS CLAIM.
nine JURORS ARE SWORN
DON'T WANT MEN WHO WOULD
NOT CONVICT ON clRcuM-
sTANTlAL EVIDENCE

Los Angeles, Cal, Nov. 22.-Attor
ney Clarence S. Darrow, chief counse
for the defense in the Mcnamara mur
der trial, engineered today care
fully planned attempt to get a new
and more favorable ruling on the
elimination from the jury of men who
do not believe in conviction in CAPT
tai cases on circumstantial evidence
The legal battle was considered un-
usual in that theoretically such iur'
or is favorable to the defendant
Darrow's attack, divided into two
parts, was without avail. The court
reiterated its ruling that the challenge
on this ground was for the state alone
and it refused to compel the state to
interrogate the witness on the sub
ject before the defense began its ex-
animation.
/ ut can't be law and it can't be JUS
tice- that the state can use this chal-
| lenge when it wishes and not use it
when it does not wish," argued Oar
row. 1T in effect Gives the state the
advantage in the number of its chal-
| lenges. The state can't play with a
mans life that way
"The court will not excuse the
Juror at the suggestion Of the de-
fense," said Judge Bordwell. "The
court does not feel that the rights of
the defendant have been endangered
by the course followed heretofore
The defense in the Mcnamara mur-
der trial today lost three legal points
out of a possible three in rapid sue
cession. Two challenges for cause pre-
: ferred because of opinions expressed
by talesmen were disallowed and a
J third challenge directed against Tales
, man f. A. Brode because member
of his personal attorneys firm is do
ing work for the state in that case
also was disallowed.
Whether it is the business of the
court to see that men opposed to con
viction on circumstantial evidence IL
cases involving the death penalty, II
case the state omits to challenge OF
this ground, was left for decision un
\ til after Brode's examination.
Judge Walter Bordwell's ruling OF
the challenges brought up to min
the number of sworn jurors and tales
: men accepted as to cause. Interes
in the challenges centered around S
P. Olcott, a talesman who said he be
lieved James B. Mcnamara, the de
fendant, and his brother, John ]. Nc
Namara, were guilty of blowing u
the Los Angeles Times building an
) causing the death of Charles j. Hae
gerty among others, for which Jane
B. Mcnamara is now on trial II
District Attorney John D. Frederick
the talesman frankly said he did no
know whether he could eliminate thi
impression Of guilt from his mind an
give a verdict based alone on tn
? evidence. Judge Bordwell, the fina
authority, decided that he could.
4 The other challenge against A.
5 stevens also was of particular interes
:. because in disallowing it Judge Bore
well upset in effect the contention Q
the defense that reading the Times II
in case in which the Times is inte
> ested. first hand information as
j its attitude on union labor ana ne
!. a newspaper report in the meaning
the penal code. If this point ha
= been conceded it would have followe
u that any talesman who. from readin
o the Times, acquired a belief that
II feud existed between that paper an
organized labor as result of whic
the Times building was blown u
would be debarred from the jury.