Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1911-11-21
TUG OF WAR
OVER JUROR
McNamara Trial Still Draps
Its Weary Length
Along
JUDGE AND ATTORNEYS PEEvED
They All Seem in Ill Humor
Over Constant Objections
Raised

BY Special Leased Wire to New Mexican,
Los Angeles, Calf, Nov. 2l.-A
tug of war over talesman NJ. F..
Mooney marked the Mcnamara mur-
der trial today.
S. l.. Vermilyea. special assistant
attorney, undertook to see whether
Mooney, who was accepted by the de-
tense yesterday, had any disaualifi-
cations from the standpoint of the
people, and Clarence S. Darrow. chief
OF counsel for James B. Mcnamara.
VINO is being tried for the murder of
charles }. Haggerty, victim of the
Los Angeles Times explosion. inter.
posed an incessant fire of objections
most OF which We're overruled by
Judge Walter Bordwell. The state ii.
nally challenged Mooney and he was
excused.
Your objection has been over
ruled, Mr.. Darrow," said the court in.
ferrupting Darrow at one point. I'VE
nave another ground for objection.
said Darrow."
Its understood that you are OBJ
]ectlng on all possible grounds" said
The court; "let the talesman answer"
After an hours work by Attorney
Vermilyea, Judge Bordwell took
hand in the examination. and then the
state challenged Mooney because he
had said he would not convict on cir.
cumstantial evidence alone in a case
involving the death penalty. Il OBJ
Ject,' said Darrow. The state baa
no right to pick ou- such talesmen
as it wants who make the same an.
swer this man did and pass them. and
then exclude the men they don't want
On the same grounds.
If the court please" cried As.
slstant District Attorney G Raw Hor.
ton.
i don't want any argument on the
point, said the court. THE statement
is unfair finished Horton, and took
his seat.
The challenge is allowed" said the
Judge
You may go, Mr.. Mooney"
Bitterly Contested Point.
Los Angeles, Calf, Nov. 21.-One
OF the most bitterly contested points
in the Mcnamara trial was reopened
today when Attorney Clarence s.
barrow, chief of counsel for the de-
fense, protested again to the court
against the option he declared to be
held by the state of challenging tales.
man opposed to conviction on circum.
stantial evidence or not. as the states
counsel sees fit.
The privilege of challenge on this
ground long ago was refused the de.
tense on the ground that if such tales.
man remained the defense benefited
thereby. Refusal of the state to use
the challenge cost the defense two
peremptory challenges in the cases
of Talesmen w. N. Frampton and A.
c. Winter.
When Talesman F. Mooney was
challenged today on this ground, At
torney Darrow protested. 1T isn't
fair" he said. THE state leaves the
men it likes and gets rid of the ones
it doesn't by using this challege."
THE challenge is allowed" said the
court.
A moment later Talesman l.. W.
Traver, asked by the court if he was
| opposed to the infliction of the death
penalty said he was in cases involving
circumstantial evidence. I'VE hold
this man should be excused, your hon.
| Or" said Darrow.
The statute and decisions are that a
man with such belief shall not be al
lowed to serve-that the court shall
not permit him to serve"
Il will look into your authorities
said the court
Traver was allowed to remain in
the box until the point is determined.