The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-10-14
CLASH OVER WHAT
CONSTITUTES BIAS
Attorneys Resume Argu-
ments on One of Most I'M
portant Issues in Case.
(Nationa' News Association


LOS ANGELES. Cal. Oct. 1.-THE
first clash in the legal battle expect
ed to develop as the trial of James
B. Mcnamara proceeds. was schedul-
ed to end today. Argument of the at
torneys over these matters which con-
stitute bias and prejudice in the minds
of juror was ordered issued by Judge
Walter Bordwell at todays session, in
order that the court might have the
entire day in which to consider the
matter before a ruling was handed
down.
Every man connected with the de-
Tense and the prosecution of the MUIR
der charges against Mcnamara grow
ing out of the destruction of the Los
Angeles Times realized the Importance
of this ruling and it was evident that
every possible phase of the matter
would be brought before the attention
Of the court.
Both the defense and prosecution ad-
nit that the selection of the jury is
not the least Of the taske before them
and when the examination of z. T. Mel
son. a talesman, brought forth an
swers that called out a challenge for
some cause on the part of the de-
tense and a quick objection by the
state, it was evident that the array OF
attorneys on each side had determin-
ed to argue the whole matter at the
outset.
The whole of the afternoon session
yesterday was taken up with the argu-
ment and when court convened toda>
attorneys were loath to give any as
surance that they would be able to
complete their arguments by the time
for the noon session.
The argument began when Nelson
admitted he had formed an opinion in
the case.
The argument starting with this
point was made very full by Judge
BordwelIs suggestion broadened out
so that every phase of the subject OF
Attorneys today said it was their
intention at the outset to bring up ev'
cry matter that might come up in the
selection of the jurors SO that Judge
Bordwell in ruling on the specific case
at issue, the fitness of Nelson to serve
could rule so broadly that the future
course of the attorneys in questioning
the veniremen could be determined
Whatever the final ruling may be, and
it was expected today that it would
be handed down Monday it was be
lieved both by the defense and the
prosecution that the struggle today
would eventually shorten the time that
will be required in the selection of the
jury. The matter has been gone into
the case, that even should some new
phase of the matter come up it would
require only perfunctory argument
to cover it.
The specific point in the Nelson ar
gument was whether a man who had
admitted he had formed an opinion
concerning the guilt of the defendant
so strong that it would require strong
evidence to change it, could be ar
impartial juror, if he would. as he as
serted he would do, permit himself tc
be guided entirely by evidence adduc
ed at the trial and by the rulings and
orders of the court.
Attorney Clarence barrow opened
the argument for the defense. Assis
tant district attorney G. Ray Horton
replied for the state. Today Attorney
Joseph McNutt was ready to answer
Horizons arguments, while the young
assistant prosecutor prepared to make
a final reply to McNutt's arguments.