Las Vegas optic. (East Las Vegas, N.M.) 1908-1921, 1911-11-02
INTERESTING COURT SCENES
COUNSEL FOR DEFENSE AND
STATE QUARREL OVER THE
COURT RULINGS.
FIVE TALESMEN ARE EXCUSED
THIS MORNINGS SESSION FAILS
TO ADD TO LIST OF QUAIL
FLED JURORS.

Los angeles, NOV. 2.-f1ve tales
= men were excused, one after another
in the Mcnamara murder trial today
the case of Talesman Louis A. VIII
helm furnishing the greatest excite
ment for counsel Before being ex-
cused because of his disbelief in cir
cumstantial evidence, Wilhelm led
opposing counsel an exciting chase
after the state of his mind toward
James B. Mcnamara, on trial for the
murder of Charles j. Hager.y, VINO
was killed in the Los Angeles Times
explosion Is months ago.
Wilhelm said he had seen the
Times ruins and, judging from an ex-
plosion which he had seen two years
ago, he thought an explosion must
have occurred. He appeared to be
heading. toward challenge by the
defense when he casually remarked
he was impressed with the belief that
the explosion was caused by gas.
But you formed no opinion one
WoJ VI taC VtHcf nnhcQ iJdFfoW
hopefully. -
NO" said the witness.
"And you have no prejudice against
the defense or against the state?"
"No..s ~ q
"You may examine that talesman,"
said Darrow to the state, and District
Attorney John d. Fredericks immedi.
ately ELECTED claim for exemption
from Wilhelm as beinga deputy sher-
in.
"He waived that yesterday" said
the court. ~Go ahead with the exam
nation Wilhelm finally declared he
would not convict on circumstantiaI
evidence under any circumstances in
capital case and was excused.
Today's session of the Mcnamara
murder trial opened with rush. I'm
mediately after the opening of court,
Talesman Lorenzo Romans, chal-
lenged yesterday by the state, was
released by the court with consent OF
both sides and with no. reference at
all to the ground for challenge, which
was statutory provision against any
mental or physical disability.
This left nine men in the box, all
accented as to cause, and three more
veniremen, John Chambers, IL. Il.
Miles and ]. M. Hunley, were selected
by lot to take their places in the box
Miles said he could not hear well and
was opposed to capital punishment, he
was excused Chambers was excused
because he said he could not bring
| in a verdict of guilty on circumstan.
tial evidence and the box was filled
i up again.
i Opposing counsel soon involved
themselves in a tangpe over Judge
Bordwell's action in excusing J. W
Chambers and o. H Hayes, neither
of whom believed in voting for con
viction in capital case on circum
stantial evidence. The state argued
that it had challenged Chambers IN
formally, but had not challenged
lHIayes, and Hayes was recalled to the
box.
1--WE now ask that subpoena be is
sued for Chambers" Aaid Attorney Jo
seph Scott of counsel for the defense
The request was refused.
Attorney LeCompte Davis for the
defense was refused permission e
question the talesman regarding his
beliefs on circumstantial evidence, i
having been held previously that tht
defense could not challenge on thi:
ground.
"If you challenge this one case why
don't you in the others?' Davis asket
. District Attorney Fredericks.
Just because we have an axe w
. don't have to swing it." returned Fred
. ericks
Davis then asked that Hayes nam'
. be put back in the box from Whicl
} names of veniremen are drawn 4
. fiji in the jury box and left there t