Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-10-14
Counsel STRUGGLES ALL DAY
PENAL CODE AND JURORS QUAIL
uICATIONs KEEP ATTORNEYS
CONSTANTLY At BAY.
nelson IS OPINIONATED
Would Take Strong Evidence 10 Eli
inmate Bclici-Iwo Hours Srs-
sion Today.

LOS ANELES, Calf, oct 13.-Af-
ter two days Of court session in the
trial of James b. Mcnamara for the
murder of Charles j. iaggerty, a vic
ion and fire on October /, 1919, no
juror had been selected even tenta-
lively tonight, and no decision had
been reached as to the eligibility Of
the first talcsman examined. AL
though court proceedings We're today
without Interruptions. the magnitude
of time was involved in the eXamina-
ton Of the man.
At the close of the court, Sheriff
william Hammill and deputy es-
corted the prisoner, unmanacied, from
the Hall Of Records through the ad-
joining courthouse corridor and
across the narrow street whore the
prisoners brother John J. Mcnamara
is confined awaiting his turn for trial.
A portion of the examination Of the
states statutes, differing somewhat
from the constitution, sections of the
penal code regarding the qualfira-
tions Of Jurors, and a contest over the
meaning of the record of Nelson's ex-
animation, combined to furnish the
points of contest for every prospec-
tive juror, and for this reason We're
stubbornly contested.
The sOmbre court room scene where
opposing counsel argued for every
point of advantage in the struggle,
over mans life, was relieved once
or twice by touches Of unconscious
humor which seemed to appeal to the
court.
once when G. Ray Horton, a boyish
looking attorney who singleha handed
made the long afternoons arguments
for the state, assured the court that
he was not intending to Swing an
effigy or error to terrify your honor"
Judge Bordwell smiled broadly.
NO, no." he said UNDERSTANDABLE
and seemed himself to listen further
Citation of Cases.
BY chance one of the cases cited
by Attorney Horton showing the law
rooarding eIipibilitv of talesnen was
tbot of Turor Arthur in the trial NJ
Abraham Ruef now serving q four
teen year sentence in san quentin pen
for bribery in the so-called san Fran
cisco graft cases
Another case cited was the famous
ono of "pod shirt Gordon who with
a h.rd of foIlow conyicts foueht his
r.a,, o,t ~ Folsom nan in a hreal;
for freedom, rho constitution of CAL
iro,,,i, ,,,,ar,rtees a "fafr trial" for
"ou nortios in utio,tion " ne said
",yhoraas bot NJ the T-rirsd States
o,,a,a,ta,s srcb riobts IN tho defan-
d,rts rho nonal code of the state
,,ndor an oot of tb.Iogislotura was in
,ordod" Horton doc.arad "to enable
,r,ind'cad mo, to servo an iuries ana
a soto of mind which will proeynt
o,tirg vi,bout nartiaIitv"
prono-i,inns ,or \ruumcnt.
n, tboso two nropositions Attor-
nov rTorton based his argument. con-
,os,,i,,,, f,r., tb,t tba ri.bts of tho
st,to must ho rraserved ms scrunuI-
o,,.,,. as thoso of tho defendant and
rr,.,bor tbot tho criminal coda may
o,r,ct rroyision for iurv sarrice for
, NON af NoIsor,s Franc or mind
r,,orruntod IN docIaratior thar
Nelson had declared ne was without
b,os toward the defendant Attorney
It,rton remarked that n the record
showed otherwise if was because the