Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-10-23
b0RDWELL RULES
AGAINST DEFENSE
Belief In Dynamite Explosion
Does Not Disqualify
Talesman
NO JUROR FINALLY CHOSEN
Three Have Been Passed But
Panel Is Almost Ex.
hausted.

' {By Special Leased Wire to New MeNican)
| Los Angeles, Calf, Oct 23.-Judge
I Bordwell announced today that the
| law left him no option but to refuse
! a challenge directed by the defense in
J the Mcnamara murder trial against
Talesman George W. Mckee, who said
| he believed the Los Angeles Times ex-
plosion was caused by dynamite.
The ruling is considered by oppos.
! ing counsel as of great importance.
| The defense contended among other
| things that he Times explosion was
| caused by gas, and that any one be-
lieving in the dynamite theory could
not be considered qualified to try
James B. Mcnamara for the death OF
Charles J. Haggerty, a machinist
| killed in that disaster.
Judge BordweiI Seems Peeved.
The defense argued against the rul-
ing, eliciting from Judge Bordweii an
inquiry as to whether Attorney Joseph
Scott believed he would be biased in
his rulings.
Attorney Darrow read from the rec
ord of the talesman's testimony until
the court took occasion to say that he
had read all that was read and all the
rest.
Only Three Jurors Passed.
This is the first ruling of the trial
which the defense has strongly oppos.
ed Only eighteen men outside the
jury box and six in it of the original
lbs veniremen summoned to try
James B. Mcnamara for murder, re-
mained when the court convened to-
day at the beginning of the third trial
week. No juror had qualified finally.
Three taesmen, Seaborn Manning,
Robert Balm and F. u. Green had been
passed" or temporarily accepted by
! both sides.
Two More Excused.
Within a few minutes after court
opened, Talesmen A. c. Robinson and
! A. r. Mcintosh had been excused by
Judge Bordwell, leaving anly twenty
| three talesmen and veniremen. Both
men said they were opposed to- con
yiction in a capital case on circum.
stantial evidence.
BordweIl's Ruling.
Los Angeles, Calf, Oct. 23.-Judge
Bordwell ruled as follows: Juror Nc.
Kee testified that he had definite
opinion as to the cause of the explo-
sion and that it would require evi-
dence to remove that opinion. He has,
however, stated positively that not
withstanding that opinion, which as
| he explained, was formed entirely
from reading statements in the pub
lie journals, and public rumor and
notoriety, he could act as a juror in
! this case impartially and fairly upon
| the matters to be submitted to him.
81 do not think the court is bound
| by the mere statement OF prospec-
tive juror that he could SO act. 1t is
question of fact for the court to de-
termine. But if the court is satisfied
either from the jurors statement or
the circumstances which are available,
that he can act thus fairly and impair
TALLY, the court has no discretion but
must allow that the juror is quail.
fed"
Further explaining his position,
Judge Bordwell said: "The ultimate
question which we are seeking to de,
termine, is whether or not, notwith'
standing his opinion, the Juror can
act impartially."
No Reason for Workingmen to Strike
Just before the close of the morning
session. Talesman Willis F. Oliver
answering a question by Mr.. Darrow
said he knew of no reason why la
boring men should strike.
do you mean that strikes are not
required or not proper?" asked Judge
Bordwell
II object to your question, your
honor" said Attorney Darrow, EN-.
phatically.
Il am examineg this man."
II think the question is a proper
one, and the objection is over.uled,'
replied Judge Bordwell.
"Well, 1 think the question conflicts
with my line of examination"
ooh on that ground TIL not ask n 81