The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-10-16
MAN WHO WILL DECIDE cHAl-
LENoE OF DEFENSE GOES
OVER THE TRANSCRIPT.
EVERYBODY ELSE RESTS
Quiet Day Put in by Principals in
Grcat Tria!-Accused Brothers
Spend the Time in Their Cells, as
Usual, John ]. Reviewing tho Report
Of Proceedings in Brothers Trial.

Los Angeles, Oct. 15.--JudSe Bord-
well, before whom James B. McNa-
mara Is being tried on indictments
charging murder In connection with the
explosion of the Times building. occu-
pied himself today with study of the
answers made by Talesman u. r. Nell
son when examined on the subject of
labor warfare and the guilt or inno-
cence of the defendant. Tomorrow,
after a brief address by Joseph Scott.
associate attorney for the defense, the
court will render its opinion, allowing
or disalloNing the challenge Of the de-
fense that Nelson Is biased agairst the
men on trial
The principal figures I'm the case
rested today, no conference or other
developments materializing. The time
IL not pressing either side to any de-
gree at present. and with the brief
daily sessions of court, ample oppor-
tunity for collateral work on the case
is being afforded. that Sundays re-
spite goes unbroken.
Judge Bordwell, heap of decisions
before him, read and reread today the
transcript of Nelson's examination, and
though Mr. Scott intends to conclude
the argument of the defense in opposi-
tion to Nelson. 1t Is generally expected
that the court will be able to announce
it's ruling Immediately afterward
I'VE have lodged our principal OBJ
5ections to Ne'son." said Clarence S.
Darrow, chief counsel for the defense.
tonight, "and on the judges decision
viii depend whether or not we can
get fair and common-law jury, con-
sisting of men who have not prejudged
the defendant"
Ruling Will Be Important.
The Importance of the ruling on
Nelson's competency to act as Juror
is admitted by both sides. The de-
fense, II its challenge Is allowed. in
tends to inquire further into every
talesman's views on the warfare be-
tween capital and labor. as 1t consid-
ers that fixed opinions on this or CO.
relative subjects will be a considerable
factor In the minds of Jurors in re-
ceiving the evidence of witnesses and
will in a measure determine whether
they will receive the case of the de-
Tense Hospitality The defense holds
that Nelson's answers clearly indicated
that by reason Of his conclusion on
personal investigation that the Times
disaster was caused by dynamite, he
would be averse to evidence tending to
show that the disaster was caused by
gas. Nelson's familiarity with subjects
relating to the explosion presented an
unusual situation for the beginning of
n trial and 1t is not anticipated there
4. will be as lengthy arguments on any
of the other talesmen.
Objections on Record.
The defense In its extended addresses
against Nelson does not conceal the
fact that 1t Is talking at present for
the bcuefit Of the record in case of an
appeal.
I'VE wish to place our objections on
record as fully and comprehensvely as
possible" said Joseph A. Scott, who
will continue the argument for de-
fense tomorrow The defense figures
that its 90 peremptory challenges are
too precious to waste and Mr., Scott
added that they will be needed to weed
ou. those talesmen with whom exam
ination will not reveal bias, but who
upon Investigation among their friends
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