East Oregonian : E.O. (Pendleton, OR) 1888-current, 1911-10-09
Contempt Case Against
Their Attorney
Is Tabled
FIRST VENIRE ON HAND
Many Members of Merchants and
Manufactures Association, Prison
crs' Accuscrs, Are Included and

Los Angeles. Calf, oct. 9.-Judge
Bordwell. who will preside over the
trial of the Mcnamara brothers for
dynamiting the Times building. today
indefinitely postponed the case
against Attorney Harrington, of the
MCNAMARA defense who. was charg-
ed with contempt OF court, as an out
growth of his refusal to answer
questions propounded to him by the
grand jury. investigating the explo-
sion case a few weeks ago.
The postponement of the Harring-
ton case is generally looked upon as
a decided victory for the defense.
The first panel OF veniremen from
whom will be drawn the jury of
twelve men who will finally decide
the guilt or innocence of the two ac-
cused brohers are today on hand to
qualify for jury duty. Neither of the
defendants are present, as the trial
will not begin formally until We'd
nesday. Most of the men present are
showing signs of their unwillngness
Attorneys for the defense have
served notice on the court that they
will demand separate trials for each
of the two brothers and the district
attorney must now specify which he
will call for trial first. It is almost
certain that James Mcnamara. who
is charged with actually throwing
the bomb. which destroyed the Times
plant and caused the death of n
score of employees, will be the first
to be tried
1t today became absolutely certain
that the first struggle between the
opposing counsel will come within
the first minute of the actual trial
Wednesday and the bone of conten-
tion will be the veniremen, who today
qualified for jury duty.
In the venire is included n num-
Der of members Of the Merchants
and Manufacturers association, which
is the organization which is backing
the prosecution of the McNamaras
When the first OF these reaches the
jury box to qualify Chief Counsel
Darrow of the defense, will demand
that he and all other members of the
association he excused, for cause.
This motion will be objected to by
District Attorney Frederick and upon
the ruling Of Judge Bordwell will de-
pend whether the work of securing
the jury will be shortened
Attorneys for the prosecution will
insist that the court cannot hold that
membership in the association is a
legal obstacle to serving on the jury
The defense contends that to allow
a member Of the association to be.
come member of the jury would be
placing the fate of the accused broth.
ers in the hands of their accusers.
Practically every large city in the
United States is represented by on,
or more newspaper correspondents
which shows that the interest in the
trial is probably without parallel.
How strong the desire Is of the We
niremen to keep from serving wa,
shown by the fact that eight of tn,
first twelve called to qualify wer,
stricken from the list and the fou,
others had their excuses taken unde,
advisement
When Judge Bordwell ordere,
luncheon, he had passed on thirty
three of the first venre of 125 an,
three names only are on the list 70
further examination. The othe
thirty were dismissed Indication
are that 1t will be nearly impossible
to secure a jury.