Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1911-10-24
Judge Bordwell Rules Against
Contention of Defense in Ex-
animation of TaIeSmen in
. Mcnamara Trial.
DECISION EXPECTED TO
EXPEDITE MURDER CASE
Belief That Times Building Was
Destroyed By Gas Held Not
to Be Necessary as Proof
That Man is Impartial,
,B, Morning Journal Special Leased wire. !

tBy Morning Journal Special Leased wire.I
Los Angeles, Cal, Oct 23.-1Legal
machinery In the Mcnamara murder
trial revolved to such effect today
that at the close of court problem
which had bothered everybody con-
cerned since the first day of the trial
was solved. -. the opinion of counsel,
and five talesmen were excused for
various reasons. The half empty jury
box was filled up again. and only ten
men Of the original venire of 125
were left outside 1t.
By denying the challenge of the
defense against Talesman George w.
Mckee, on the ground that while
Mckee had no prejudice against the
defendant. he believed the Times
building was blown up by dynamite.
Judge Bordwell upset a cherished
contention of the defense The ruling
was based upon the courts belief that
In spite Of McKees opinion he could
and would be a fair and impartial
Juror. OF this the court is sole judge.
1t was the position of the defense
that an opinion such as Mckee held
was in itself insufficient evidence that
he could not be impartial Whether
other jurors of Mckee's frame OF
mind would be disqualified depened.
the court pointed out. upon the indi-
vIdual instances and not upon any
general ruling.
The defense held that. under its
contention that the Times explosion
was caused by gas, man ought to
believe that theory or none at ALL to
be an impartial juror, and after the
court had announced his ruling, Nc
Namara's counsel still argued earn
esty against It,
Judge Bordwell's ruling essenti-
ally, was as follows:
Juror Mckee testified that he had
a definite opinion as to the cause of
the explosion and that It would re-
quire evidence to remove that opin-
ion. He has, however, stated positive
~ that Notwithstanding that opinion,
which, as he explained. was formed
entirely from reading statements in
the public journals and public rumor
and notoriety. he could act as a
juror in this case impartally and fair
ly upon the matters to be submitted
to him.
Il do not think the court is bound
by the mere statement of a prospec-
l.a q ut
a question Of fact for the court to de-
termne. But If the court is satisfied
either from the jurors statement of
the circumstances which are available
that he can act thus fairly and inn
partially the court has no discretion
out must allow that the juror be
qualified"
If your honor, please asked At
torney Scott for the defense. will
that govern also those Jurors who
say they have strong opinion, and
mat 1t will take strong evidence to
remove, that the building was blown
up by gas?"
You will find out when we come
70 IT, replied the court DO YOU
m'nk that l would use one side any
Inherently from the other?'"
lalesman r, G. Robinson and A. x.
Mcintosh were excused at the morn
ing session of court because of their
assertions that they would not render
verdict of guilty in murder case
oh ciroumstantial evidence.
Later in the day Willis +. Oliver
ana p. c. Thompson were excused be-
Vduse each was opposed to the death
penalty under any conditions.
Il. c. Hauser. vice president of a
meat packing company. was excused
,or bias after he had said that his
oenet that the Times building was
destroyed by dynamite was matter
VI personal observation. This case
U'lered from Mckee's for the reason,
among others, that McKee's informa-
uoh was based on indirect informa-
.'oh such as newspapers and common
report afforded. These sources of in
,.oiDhatlon are excepted in the statutes
pu' belief founded on personal
"noWledge or inspection is not.
duser declared that on personal
,n'estigation he reached the concus-
,on mat dynamite destroyed the Times
building.
re ADDED that Il would take strong
V'uehce to change his belief.
ine defense here interposed chal-
"se Tor actual bias and the prosecu-
w" began oss-examination.
! wanted TO see for myself wheth.
was blown up by gas or dyna-
,a,' ,.e' and knowing what both dyna-
".''e and gas have done | based my
VP'inoi' explained Hauser.
q. dont see how we can resist the
unalenge them said District Attor.
cna rfedericks. and Hauser was ex-
cos ,u' That the ruling OF McKee's
irn e wlll expedite the task of obtain.
or Jury was the expressed belief
award Nockels, secretary of CHI