Arizona republican., 1911-11-01

our jury system that the jury box must be filled with men whose minds are absolutely blank on the ques-
 tions at issue. It was fairly prac- ticable to work under such a theory in the old days when only a small proportion of the people in a com munity were readers of newspapers, when there were no telephones, and when there were no facilities for the quick transmission and exchange of information. The theory is wholly absurd in our modern day.
 The absurdity of trying to get a jury of men who have formed no impressions concerning the McNa- mara case is fully recognized by Judge Bordwell, who as the trial difficult position of any official in the whole country. The judge has laid down the rule that a prospective juror who has formed an opinion on the questions in controversy is eligible, provided that his opinion or impres
 sion as to guilt or innocence is not of such a fixed character as to pre- vent its removal by evidence adduced in the trial To ascertain the state of mind of the prospective juror-to ascertain whether he is an honest man and will be guided solely by the evidence regardless of any prelimin- ary bias or prejudice, is the judge holds. to be determined by the court from the examination of the candi- date In this examination the con- tending attorneys are properly per mitted the widest latitude, in order to bring out any fact that the pros pective juror may wish to conceal. And when the lawyers fail to satis- fy the court as to the state of mind of the man in the box. the court also joins in the examination.
 Judge Bordwelrs position is in har- mony with common sense.
 What the American people want is a fair trial Of the McNamara's. If they are guilty they ought to go to the gallows. If they are inno- cent a horrible injustice has been perpetrated in casting them into pris- on and subjecting them to the fear full ordeal which they are undergo ing. Judge Bordwell seems to be do- ing his best to give them fair trial. His reasonable position as to the eligibility of jurors will not be attacked by any but the prejudiced. It is conceivable, in view of all that has been published, that the aver age man called into the Los Angeles jury box may have an impression that the Times building was blown up with dynamite. by murderous de- sign. and that the McNamara's are guilty: and still. if such man be both honest and intelligent. and if he Is willing to free ms mlnu ol dll previous beliefs. doubts or impressions and be guided solely by the law and the evidence there is no sound req son why he should not be fit for jury duty X man who would send either of the McNamaras to to the scaffold through prejudice or be- cause of beliefs formed apart from the evidence in the trial would be as fiendish as the men who perpe trated the alleged crime. It is be- yond belief that there is in all the city of Los Angeles a man so fiend- ish as to convict the prisoners on prejudice or newspaper stories.
 Sooner or later the good sense of the American people will lead them to abandon the theory on which jur ors are now chOsen-a theory which excludes the most intelligent and places the scales of justice in the hands of the most ignorant.