The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-10-14

LoS AnBeleS, CAIN, Oct. 1f.OThat
political amendment, forced
through the legislature of California
for the benefit of the railroad machine
which for years controlled the des-
tinies of this state, will prove an enor-
nous factor in the makeup of the
jury which will pass on the guilt or
innocence of James Barnabus Nc
Namara, was admitted by both sides
In the case today.
When Judge Bordwell reserved his
decision on the application of the de-
fense to remove from the jury box
'for cause" Venireman Nelson, he
made It plain to both sides that an
Interpretation of the qualification
clauses of the penal code, enacted by
the legislature to resclnd the com
mon law provisions. was extremely
difficult, but that his decision would
lay down an absolute law which both
sides must observe.
The common law unqualihedly as
serts that person having an opinion
which II would require evidence to
remove, 1t not qualified TO serve on
the jury. Because of this fact, suits
by railroads were held up many times
In California courts. Finally, the big
interests combined and forced
forced through the legislature a seem
ingly harmless provision which de-
clared that, whore a venireman, ad-
mitting an opinion, also said he was
willing to waive such an opinion. he
was qualified for jury service.
Momentous Decision Awaited.
This is the crux of the entire sit
uation James b. Mcnamara is facing
today. Judge Bordwell, after listen
ing most of yesterday and until ad-
journment today, Ito arguments OF
counsel for both sides, will declare
his Interpretation of the penal code
provision which seemingly supersedes
the common law, defining both sides
how far they may go In demanding
the elimination of venrenen for
cause. AS result his decision Will
be most momentous
If the statute forbldding the de-
fense to challenge veniremen like
Nelson is upheld, Attorney Darrow,
for the defense, admitted today that
the defense would be compelled TO
utilize its entire twenty peremptory
challenges for cause "and then take
what's left and trust to God"
1--WE may not be able to enforce
even the ordinary provisions of the
law" he added, (which presumes a
man innocent when arrested, carries
the presumption of innocence through
the trial and only leaves 1t when the
jury retire sand begins to decide just
what the preponderance of evidence
directs Machine made law for the
salvation of the dollars of corpora
tions might cost the life of an in
nocent man"
Arraign Laws Emasculatino.
Today, the defense, through Judge
Cyrus McNutt. scathingly arraigned
the legislative emasculation of the
common law. McNutt insisted that
Judge Bordwell realizes that the
statement of Venireman Nelson that
he had an opinion as to McNamaras
guilt and also that he believed the
Los Angeles Times had been dyna-
mited, could only mean that McNa-
mara would have no chance should
Nelson remain In the box.
The disarict attorney, and llssis-
tants spoke bitterly declaring tine
defense was straining at a gnat and
swallowing a camel They demanded
that the court overrule the defense's
challenge of Venireman Nelson for
cause and rule that all veniremer
who say In court that they are willing
TO abandon any opinion they may have
formed. are qualified to serve as jur-
Crs.
Deputy District Attorney Horton APP
pealed TO Judge Bordwell and said
"It must be presumed that Call
fornia judges are honest unless other
wise proven. They are the only arbi-
ters of the question whether juror
Is prejudlced. II an individual says
juror is prejudiced, we must not ac'
cept that statement as gospel. The
fact that Venireman Nelson admitted
that he though the Times was dyn
antlted does not sLaect Mcnamara
with the case. 1t might possibly have
been some person Connected with thu
Times
Darrow Indignant
Attorney Darrow was indignant a
this statement. He declared Nelson
was already on record as having de
clared the Times was dynamited in I
felonious manner and thus he wa
prejudiced against Mcnamara, wheth