New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-15

declared there was distinct bias in Mel
sons admission that, from personal OBJ
Sorvation, he believed the Times Building
was blown up with dynamite. The point
whether dynamite or gas caused the eN-
piosion was vital, he contended. as if the
state failed 20 prove the former was used
its case failed
1t was iutimatcd 10y Mr. barrow before
court opened to-day that should the court
dsalow the challenge for cause against
Nelson. a pcremptory challenge at any
RAE would be exercised against him by the
defence VITA keen interest the ruling OF
the court was awaited. and IL was said to-
day that an elaborate opinion from Judge
Bordwen will be forthcoming on Monday.
The weight Of the opinion. it is considered.
viii be felt throughout the preliminary
stages ot the trial I'm the empanelling of "a
jury. II is expected TO define how far
newspaper reports or preconceived notions
as TO the manner in which the building was
destroyed formed 10y personal observation
or gossip i'm the town may prejudice "a
juror.
Judge BCrdWell, though not required 10
explain his decision. the categorical an
Touncement of acceptance or rejection Of
the talesman being regarded as sufficient,
IL is predicted, viii set forth at length the
limitations which counsel can reach I'm fut-
Urc Interrogation Of talesman.
Both James b. Mcnamara and his
brother. John j. have prepared for long
siege. James b.. who at present is being
tried. is looked on enviously by his older
B,.o. hon rth. OH for 1afIx~ airf D.
ON the way TO and from the courtroom will
not come for some time, as his trial is not
likely to begin for many months.
"Ortie McManigal gets out auto riding
in fact. joy riding-nearly every day" pro-
tested John J. in his cell to-day.
why is that?" he Was asked.
He's supposed To- be going to confer
cnces with the District Attorney, but I
understand they take him around the parks
and houlevards, too"
Many lawyers about the courtroom early
to-day were discussing the likelihood OF
getting a jury at al. Should Nelson be
disqualified it was pointed out that il would
be welmigh impossible to get q dozen men
from the 100 on the list Of the court who
already had not formed some opinion on
the case.
Should il develop after a time, it is said,
that the panel was rapidly being eX-
haustcd. it would not be surprising if the
defence asked for change of venue on
the ground that nobody could be found in
Los Angeles who had not acquired fixed
prejudice on the case because of its
notoriety in this section.
Tho silent barber needed TO such an
extent was found to-day inn the person Of
George w Marrow Accompanied by a
red plush barber chair, ne was taken to the
jury exercise room and after being duly
sworn to reveal nothing that nc might
learn. was allowed to go to work at the
noon recess of court. He said ne could
shave twelve talesmen i'm that time. From
now on il viii be part of his duty
II was reported tonight that the prosecu-
! ton had given up hope of producing in
court David Capan. indicted with the Nc
/ Namaras because ne is believed to have
/ been drowned i'm Puget Sound. lnforma-
/ ton To that effect is said also TO have
| reached Clarence 5. barrow.