El Paso herald. (El Paso, Tex.) 1901-1931, 1911-10-20
SELECT TWO OF
NJ NAMbRAJUR0RS
State Attorneys Challenge
Four on Alleged
Bias Charge

Los Angeles, Calf, Oct. 20.-Ihe men
/ who probably viii be the first two jurors
/ In the McNauzara murder case were Sc
. lected IN court today They are Seaborn
/ III. Manning and +. ID. Green, both men
/ already passed for cause by the defence
/ were passed by the state today and m
I dicatiOns were that Manning and prob
( ably Green would escape peremptory
I challenge.
Z The death penalty which the lower
/ house of California legislature voted TO
abolish this year, became a promlnenJ
/ issue in Judge Walter B0rdWelFs court
today in the effort to get a jury to try
James B. 1lcNamaTa for the murder OF
I Charles J. HaggerJy, who was killed IN
the Los Angeles Times explosion and tire
a year ago.
-Four Opposed to Death Penalty.
-Four successive talesmen under exam
I ination by the state said that they were
I opposed TO inflictiOn of the death pen
atty. z. f. Decker, a landscape gardener,
when questioned by the court said flatly
1 that he would not return O. verdict or
guilty in a capital crime on clrcumstan-
tial evidence.
The case OF T. W. Adams and A. R.
Mcintosh, who also opposed inflictiOn OF
the death penalty on circumstantlal ey1-
dence were taken under consideration by
the court, making in all five talesmen
now under challenge for cause.
S. H. Manning, already passed Tor
cause by the defence, also was passed by
the state, being thu first ta-lesman to
pass both sides. He probably VIII be
the first final juror unless excused by
the peremptOTy challenge.
r. d. Green, a retired rancher, also
was examined by the state and passed
for cause
The state challenged talesmen T. W.
Adams at the opening Of the trial
today because Of implied bias. The
challenge was based on Adans's OppOsi-
ton to the death penalty and also what
the California criminal code defines as
actual bias The court took the mat
ter under consideration.
The challenge was resisted by attorney
DarrOw for the defence who cross exam
ined Adams. The talesmsn said he be
heTed the Times disaster was due to a
gas explosion, having formed the opinion
from reading of the case IN newspapers
and magazines. He objected strongly TO
ci1cunstantial evidence.
There is no section of the criminal
code covering cirCUmstantial evidence
and for this reason, it was necessary to
c0nstrue Adams's attitude on this ques-
ton as bias toward The prisoner.
Adams is a socialist and a portion Of
ing his theoretical political beliefs and
ms personal attitude toward the pris-
OneT.
The state takes the position that be
lief In the gas theory Is virtually belief
in the innocence of the defendant.
A few minutes later the state also
challenged talesman A. r. Mcintosh be
cause Of his objection to the death
penalty on ciucImstautial evidence.
81 81 Us y O.
defence. Implied bias was the formal
ground for the challenge.
Il would convict no man on ciDollm-
stautIa1 evidence, Insisted Mcintosh
with emphasis, when questioned by the
defence.
'sNoW, suppose the evidence were en- (
tirely ciUcInIstantia would YOU find the
defendant guilty In any caseG" he was
asked.
81 might find him guilty, but I would
not impose the death penalty on ciucum- {
stantial evidence answered Mcintosh.
The court also took his challenge IN /
der consideration
2. +. Decker, a landscape gardener, de- I
elared on direct, and later on cross
examination that he could return YER
dict Of guilty on Clrcumstantial evidence /
providing the death penalty was not
imposed.
ne court llterFO-fiIed Decker and I
drew forth the statement that he could
not render a verdict Of guilty If it meant /
the death penalty Tor the defendant. 4
The court allowed the challenge, inter. |
posed by the state.
Talesman Sea'born III. Manning next |
was Intercepted and passed for cause by /
the state. He was the first to with /
stand the questions of the prosecution /.
without beng challenged
Ialesman i. ID. Green under went a /
brief examination By the state and was /