Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-10-13
EXAMINING
THE PANEL
First Venireman Questioned
Is Rejected After Many
Queries
HE HAD FORMED AN OPINION
Trial of James Mcnamara Was
Resumed This Forenoon
,,e. After Holiday.

| p
| (By Special Leased Wire to New Mexican
!. Los Angeles, Calf, Oct. 13.-Aftel
hours of persistent questioning, the
defense in the murder trial of James
B. Mcnamara challenged for calse
i-yenireman q. T. Nelson, near the end
/ of the morning session.
| Nelson was the first venireman ex.
amined in the trial of the first of the
cases resulting from the explosion
which wrecked the Los Angeles Times
building year ago.
From the start, Nelson's extreme
hesitation in answering questions put
by Attorney LeCompte Davis for the
defense was generally noticed, and it
finally brought an admonition from
Judge Bordwell:
Question Brings Direct Answer.
Have you any opinion that would
require evidence to remover" was the
question finally hit upon that brought
a direct answer. 81 think l have"
said Nelson, and later amplified this
| to include ''an opinion as to the guilt
or lnnocense of the defendant. Assist
ant District Attorney G. Ray Horton
for the state examined Nelson briefly,
eliciting reiteration of the assertion
that he would need evidence to remove
/ his opinion with the supplementary
declaration that he thought he could
| give the defendant fair trial.
Trial Resumed.
The trial was resumed at 1O:4O this
morning.
H. !. Poppendush was selected to
fill vacancy in the panel District
Attorney Fredericks informed the
court that he would like to withdraw
his objection to the unanswered cues.
ton directed to z. T. Nelson on We'd
nesday. The question was: with
reference to the officers and men who
direct the management of the affairs
OF labor unions, do you believe that
the great majority of them are lawless
men?"
Knew Little of Labor Unions.
Mr.. Nelson, when asked the ques-
ton, said he could not answer it, as
he knew little of labor unions. He
would not say he was preiudiced
against labor union officers.
Mr.. Darrow, for the defense, dis
posed of an objection by admitting
that he defendant was member of
organized labor.
Nelson admitted that he had such
an opinion as it would take evidence
to remove. He had heard of Ortie Nc.
Manigals statement, and had had an
opinion regarding the guilt or limo.
cence OF the accused for about six
months.
Juror Challenged.
We challenge the juror as being
biased" said Mr.. Davis, but the pros
ecution resisted the challenge and be-
gan cross examination. Nelson had
not discussed the case with any agent
o. the defense, he said. His opinion
was not founded on newspaper reports
but it would take evidence to remove
1t. He declared he was not biased,
personally and could give the defend.
ant an impartial trial. Mr.. Horton con-
cluded his cross examination and ask.
ed that the challenge be denied.
Court Asks Questions.
The court began to interrogate Mr..
Nelson to determine whether he had
any bias. ION Wednesday week you
were asked whether labor unions are
proper or are a menace" said Judge
Bordwell, "and you said you had no
objection to them as organized. Are !
you prejudiced against labor unions
as sdch?"
"No."
Have you any prejudice against
the defendant as MANI"
mo"
He Had His Opinion.
Have you any question that the !
Times building was destroyed by dy.
namite?" interposed Mr.. Davis for the
defense.
NO sir, it is my opinion" was the
answer.
It would take strong evidence 70
remove his opinion he said.
Veniremen Admonished.
Judge Bordwell then admonisAcd
other veniremen in the room no, to
iea1 papers or converse about the
case among themselves.
Those in the jury box. as we'll rs
lhe veniremen then were asked by !
the court to leave the chamber until
2 o'clock while argument was being
conducted as to what extent the /
ccurt could interrogate veniremen.
This is the first juror" began Dis
;i:ct Attorney Fredericks "ano l doubt
whether We will ever get jury who
has pc formed some opinion OF ,h's
He then cited California cases in
which challenges were not allowed
where Jurors had declared they had
formed an opinion.
"A battle of precedent cases between
the attorneys ensued, Judge Bordwell
declaring he would welcome extensive
argument on the subject.
DarroW Gets Excited,
Los Angeles, Calf, Oct. 13-"Nel-
son has prejudice against labor
unions" said Mr.. Darrow, then he
has fixed opinion which could not be
removed except by strong evidence.
Any human being can see by his an
8WArn fhaf ha has afndind Al. a.na