The Birmingham age-herald., 1911-10-19
Three Talesmen Are Exam ined and One Excused
 in McNamara Trial
OPPOSING COUNSEL
 WANT DECISION
Attorneys Darrow and Fredericks Have Tilt Over Examination of Talesman = Judge Bordwell
 Will Make Ruling Today

of the big issues or the trlal, tnat IS, whether man believes firmly that the , Los Angeles Times building was de- Etroyed by dynamite or fire, rested in the hands of Judge Walter Bordwel tonight, who is presiding over the trial, and was instituted whether James B. McNamara caused the death of c. J. Haggerty, 1nachinist, who lost his life in the Times explosion and fire. y Opposing counsel no hope of secur- Ing g. jury until this point is decided. Attorney Clarence s. Darrow and other counsel for the defense holding that the Hines explosion was caused by gas, and that McNamara could not have brought at about for this reason, argued today in ycourt that a fixed belief in the dyna- mite theory prejudiced the rights of their client, aRd that the talesmen who held 1t would not be fair juror.
 District Attorney John D. Fredericls Tor the state compared the situation to the case of burned barn. which is of rec cfd.
 "A man believing that the barn was burned, yet having no opinion as to whether the defendant burned it, was a- lowed to serve juror,' he said. Sim ilarly, a talesman may believe that the Times building was destroyed by dyna mite and still have no opinion in mind re- garding the defendant in the case, as tfese men say they have"
 Fredericks and Darrow Clash
 sTs this your idea of fair juror?" asked Attorney Darrow of Fredericks after Otto lesson had testified that he u-.x.. 1x-.,a fnI txy members or officers of trades unions, and that he thought he had a prejudice against unions, but had no prejudice to- ward McNamara himself"
 .It certainly is, replied Fredericks Y .'Wel like your idea of fairness ) said MT. Darrow. ', Judge Bordwell interrupted and nered the examination to proceed.
 Charles D. Chaffee the man excused, wss challenged for cause because his naEis was not on the Los. Angeles county Assessment roll. George W. Mckee, the other man chal- ienged, had the dynamite explosion the oiy, but expressed no animus toward union labor
 Talesman Edward r. Decker a land scape gardener, said he had no prejudice against the prisoner when questioned by MT. Derrow.
 .You could give fair verdct?'. asked Attorney Darrow.
 "Yes." .You would not be afraid of any dis favor of the public?'
 .No,'
 -'Or the loss of money?'
 sNo"
 ''Or the loss of business?'
 .'No"
 Decker was passed for the time. 
 Robinson Talks
 Edward C. Robinson, talesman under examination when court adjourned, said tonight he was prejudiced against the way labor unions ''are conducted in Calfor- nia because of strikes.'' He said he did not know whether he considered strikes legal or illegal, but his prejudice was deep rooted
 After lying quiet for two days, the first big issue in the McNamara mur- der trial poked it's head up again today and began to make trouble.
 Before forenoon adjournment the de- fense and state had collided twice, two jurors had been challenged and the court had reserved it's decisions. All this difficulty arose from the conten tion of the defense that man who believes the Los Angeles Times build Ing was dynamited October l, 1910. is not competent juror and the state holds he is unless he has fixed opin- ion as to the guilt or innocence of James B. McNamara, the defendant who Is on trial for the death of Charles ]. IIaggerty, one of the 21 men killed in the Times disaster.
 George w. Mckee, the first talesman challenged today, and Otto A. Jensen, the second, both said they strongly be- lieved the Times building was dyna- mited. Jensen, besides, said he believed union labor members and leaders were responsible for it.
 Attorney Darrow began to examine Mckee immediately after court con- vened.
 "Yon said yesterday you had an opinion as to whether the Times dis aster was caused by explosions placed there by gas or some other accident. Is that pretty strong?' asked Attorney Darrow
 .Yes. sir" replied Mckee.
 Do you think that would prejudice you against the defendant"
 Against our side of it?"
 How did you get that, from read ing?'
 Yes,
 'Do you think you would listen la was blown up by gasp s Tt. would take much evidence to change your opiniong' Yes" ft.-
 Would it take a good deal of ito,
 "Yes," said Mckee emphatically.
 ''You have had that opinion for se,- eral months?''
 Yes"
 'You could not be impartial on that subject9'
 .'i do not think so." .ft Here Attorney Darrow challenger Mckee for cause but the prosecution resisted and cross examina tion was be- gun.
 Attorney Horton for the state. drew from Mckee the admission that f aworn as a juror he would act fair ly and impartially,'' conflning his ques- tions to the guilt or innoncence of tho defendant and not the cause of the explosion, ending with the appeal to the court that under the penal code a 1aIesman could serve if his opinion was based on reading or runors.
 Opposing counsel argued the point Mir. barrow declaring that by not re- sisting challenge yesterday of an <l other talcsman for the same kind of f1 bias the state had conceded that sucl, talesman should be disqualified.
 District Attorney Fredericks refused to admit that any such concession had
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