Daily capital journal. (Salem, Oregon) 1903-1919, 1911-10-13

| Darrow then openly offered to
prove that Mcnamara was a mem
Der of a union, and Davis asked Nell
son.
''If you were a member of organ
lied labor and on trial for your life
would you feel that you could get
a fair trial from juror who felt to-
ward organized labor as you do?"
Il have not any evidence in
this case" fenced Nelson. He finally
said he would require evidence to
remove his present opinion.
Davis tried to pin Nelson down to
declaration of positive bias and an
other lengthy wrangle between the
lawyers followed.
Davis asked if Nelson had read
McMonigal's story before the grand
jury as published at the time, and he
said he did not remember, whether
he had or not. He was shown a
copy, and said he never read it, but
had "heard about ii"
Nelson was then asked if he had a
fixed opinion regarding McNamara's
guilt or innocence, based on what he
had read and heard.
Horton bitterly objected to the
question but was overruled by Judge
Bordwell, who held it was permis-
sible.
Believe Defendant Guilty.
Nelson said he had a positive opin-
ion, and had had it for six months
Nelson finally said he believed
Mcnamara guilty, and that it would
require evidence to change that
opinion. He was then challenged by
the defense for cause, but the chill
lenge was resisted by the state.
Horton then questioned Nelson,
and endeavored to show that he was
unbiased. His Interrogation was
lengthy, covering all the ground al
ready traversed by Davis.
Nelsoni was asked pointblank
whether he would convict Mcnamara
of murder on what he already knew
about the case, and after hesitating
long time, said he would not. He
asseIted that he had no personal
bias against the defendant, and IN
sisted he could disregard his opinion
and give him a fair trial.
"Are you Indifferent between the
state and this defendant, and can
you ignore your opinion?"
II can do So"
The. state then demanded that the
challenge be disregardsd, citing de-
csions of the supreme court, which,
Horton said, proved Nelson compe-
tent.
Judge Takes Hand.
Judge Bordwell then questioned
Nelson, asking him if on Wednesday
he had not said he had no bias to-
ward labor unions. The defense OBJ
jected because they held the record
was the best proof The proceedings
were suspended for a brief period
while a copy of Wednesdays pro-
ceedings was sent for.
Judge Bordwells voice was very
hoarse and he experienced great diff
Guilty in reading the transcript. At
ter reading the court asked:
Are you opposed to labor un-
ions?"
81 am not"
Have you any bias against them?"
Not as such'
Nelson then explained that he had
NJ objection to the fundamental prin-
cipal of labor organization but that
he did object to certain members and
officers of them.
"You say you have no objection to
Mcnamara" asked the court.
Not personally. don't know the
gentleman"
Assuming that he is member OF
a labor union, would that prejudice
you against him as man?'
81 don't think it would"
Davis Breaks In.
Davis then broke in to determine
whether Nelson should not believe /
that the Times building was de-
stroyed by dynamite.
81 certainly believe that the
building was blown up by dynamite /
and it would take strong evidence to |
change that opinion" was Nelson's |
emphatic statement.
The district attorney tried TO get |
him to change his statement and got
him to say If it was proved that 1t ,
was not dynamite that was used to /
blow up the Times, then he was will
ing to so believe.
But it would have to be strong |
evidence" he said.
Time after time, the venireman /
told Horton that he would need |
strong evidence TO remove his opin- |
ion and each time the prosecutor re-
framed the question, endeavoring to