The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-10-19
by AasocIated Press.

by A0sociated Presss
Los Angeles, oct. 1S.-Three tales
men were examined and one excused
in the murder trial of James B. NC
Namara today. What il considered
the one big issue of the trial, whether
q man who believes the Times building
was destroyed by dynamite Is thereby
disqualified from serving on the jury
rested tonight in the hands of Judge
Bordwell, presiding at the trial, instl-
tuted to show whether Jas. b. NC
Namara caused the death of c. ]. Hag-
gerty by the Times explosion and tlre'
Opposing counsel see no hope or Sc
curing a Jury until this point is set
tied. Attorney Clarence S. Darrow
and other counsel for the defense are
holding that the Times explosion was
caused by gas and that Mcnamara
could not have brought 1t about for
this reason. 1t was argued today that
a fixed belief in the dynamite theory
prejudiced the rights of their client,
and that a talesman who held 1t would
not be a fit juror.
District Attorney Fredericks held
that a taIesman may believe the Times
building was destroyed by dynamite
and still have no opinion regarding the
defendant in the case.
Chas. d. Chaffee was excused for
cause because his name did not appear
on the county assessment roll.
said he believed the dynamite theory,
but expressed no animosity toward
union labor. Talesman Edward r.
Decker, a landscape gardener. was
passed for the time. Edward c. ROD
inson was under examination when
court adjourned tonight.
BEGAN BY CHALLENGING.
The defense began today's work by
challenging for cause George w. Nc
-. III Hn hnA
fixed opinion that the Los Angeles
Times was blown up by dynamite.
The challenge against Mckee is in line
with the avowed policy to show tnat
the Times building was blown up by
gas and that Jas. B. Mcnamara, on
trial for the murder OF Cnas. t4as-s
xerty, who was killed In the Times
disaster, could not have been respon-'
sible for the explosion or for Hagger-
tvs death. The state holds that an
opinion as to the cause of the explo-
sion need not necessarily prejudice
Juror to such an extent that ne cannot
give a fair trial.
ATTORNEY Darrow began to examine
Mckee Immediately after court con-
vened. you said yesterday you had
an opinion as to whether the Times
disaster was caused by explosives
placed there or gas or some other ac-
cident; is that pretty strong?" asked
"Yes sir" said Mckee.
do you think that would prejudice
you against the defendant"
mo"
Against our side of it?"
mo"
How did you get that; from read
YES"
'Do you think you could listen IA
vorably to evidence that the building
was blown up by gas?"
mo-"
'Tt would take much evidence to
change your opinions?
Yes"
would II take a great deal of it?"
''Yes," said Mckee, emphatically.
you have had that opinion for sew
eral months?
Yes"
You could not be fair and impartial
on that subiect?'
Il don't think So"
PROSECUTION REsIsTs.
Here Attorney Darrow challenged
Mckee for cause. but the prosecution
resisted and cross examination was
begun. Attorney Horton, for the
state, drew from Mckee the admission
that IL sworn as a juror he would act
fairly and impartially," combining his
questions to the guilt or innocence of
the defendant and not the cause of
the explosion, ending with the appeal to
the court that under the penal code
a talesman could serve II his opinion
was based on reading or rumors. Op-
posing counsel argued the point Mr..
barrow declarin" that by not resisting
q challenge yesterday OF another tales
man for the same kind of bias the
state had conceded that such talesman
should be disqualified. District Attor-
ney Fredericl1s refused to admit that
any such concession had been made
and that the question of cause was a
collateral issue as far s the prosecu-
tion was concerned.
Judge Bordwell ended the brief argu-
rnent by saying he would pass on Nc
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