New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-24
Defence GETS A SETBACK
Ruling on Mcnamara Juror
Favors States Contention.
DYNAMITE BELIEF NO BAR
Judge Decides Talesman Would
Be Fair Juror Although of Opin-
ion Explosive Was Used.

Los Angeles. oct illegal machinery IN
the Mcnamara murder trial revolved TO
such effect to-day that a the close OF court
a problem which had bothered everybody
concerned since the first day Of tho trial
was solved. in the opinion Of counsel, and
five talesmen We're excused for various rea-
sons. The half empty jury box was filed
again. and only ton mon or the original
vcnirc Of 12j We're left
BY denying challenge Of the defence
against talesman George W. Mckee.
based on the ground that while Mckee
had no prejudice against James Il. Nc
Namara. tho defendant. he believed the Los
Angeles Times Building was blown up by
dynamite Judge Bordwell upset cher
ished contention OF the defence. The nj
Ing was based upon tho courts belief that
I'm spite Of McKee's opinion, he could and
would DO a. fair and impartial juror. or
this the court f. tho sole judge
II was the position Of the defence. un-
der Clarence = barrow. that an opinion
such as Mckee held was in Itself evidence
that he could not be Impartial I'm hearing
evidence concerning Mcnamara, who IS on
trial FOR the murder OF Charles J. HaS-
sertv. machinist. killed in The Times
disaster.
Whether other Jurors or McEcc's frame
OF mind would be disqualified depended.
the court pointed out. upon the individual
instances. and not upon any general rul-
ing.
The defence held that under it's conten-
ton that "The Times" explosion was
caused by gas. man ought 70 believe
that theorv or none A. all 70 be an i'm
partial juror, and after the court had an
uounced his ruling McNamara'5 counsel
still argued earnestly against n.
Judge B9rdweIrs Opinion.
Judge Bordwelrs ruling. essentially. was
a follows:
Juror Mckee testified that he had def
mite opinion 20 the cause OF the explosion
and that T. would require evidence 10 re-
move that opinion.
lie has. however. stated positively that.
Notwithstanding that opinion, which Ia
formed entirely from reading statements
iu the public journals and from pubic ru-
NOR and notoriety, he could act as a
Juror in this case impartidlly ana idlrll
upou tho matters 90 DC submitted 10
him. -.
the mere statement Of prospective Juror
that no could so act u is a question or
fact for the court 10 determine But "
Tho court * satisfied from the Idror 8
statement that no can act thus fairly ana
.muartlally tho court has no discretion,
lut mus, allow thai the juror IS qualified.
7. O.. Robinson and \ /. Mcintosh.
talesmen. were excused at The morning
session Of court because OF their assertions
that they would not render verdict OF
guilty in a murder case on circumstantial
evidence
Later i'm the day Willis =. oliver and
=. g. Thompson were excused because each
was opposed TO the death penalty under
any conditions.
L. G.. Haueer vlco-presidenr OF meat
packing company, was excused for bias
after no lad said that his belief that the
Times Building was destroyed by dynamite
nas n matter Of personal observation. This
case differed from McKre's for the reason.
among others. that McKee's information
was based on indirect information, such as
newspapers and common report afforded.
These sources OF information are excepted
IN the statute. but belief founded on per-
sonaI knowledge or inspection IS not
That the ruling in McKec.s case Will eS-
pcdite the task OF obtaining jury was the
expressed belief Of opposing counsel.
~ think wen strike a gait soou,' said
g. Ray Horton. chief trial deputy Of the
District Attorneys ofico. Every day sees
rho procedure more clearly outlined
Considerable speculation has been caused
hv a report that tho prosecution would ask
Judge Bordwell TO swear i'm fourteen jurors
before tho taking Of testimony begins, the
last two selected 20 act as alternates. As
the trial is expected 90 last for several
months. this method, il adopted. 1t is be-
loved will eliminate Wuch OF the danger
of 4 m.striaI in case of sickness or death
or disqualification for other cause OF any
of the jurors.
Edward Nockels. secretary Of the Chicago
Federation Of Labor. arrived to-day ana
called upon the Mcnamara brothers. lie
.sIkcd a long time with John j. Mcnamara.
n was said th. he brought evidence Which
he believed Of value TO the defence.