The Bridgeport evening farmer., 1911-10-17
E. Fl. DILLON & CO.
Judge BordWeIps
 ShreWd Move In MCNamara Trial
Leads Venire1nan Up. to Point of Elimination Without Being Com
 pelled to Make Decision.

Los Angeles, Oct. 17-When court reconvened. today, both sides in the McNamara murder trial were deter gress in the selection of a jury. Two veniremen had been accepted by the defense, subject to peremptory chal- lenge and it is expected that at least two more will be secured. today
 The defense is much disappointed at it's failure to force a ruling from the court as to how far an opinion which a venireman insists he could lay aside can be used in getting rid of an ob- jectiopable juror. It is realized, ev- anywhere, that Judge Bordwel out. generated both sides. who desired to place him on record at an early stage in the proceedings. Instead he exer- cised his prerogative and interrogated Nelson He led him by easy stages to a point where he was compelled to admit that he was unable to an- swer yes or no to the simple question whether he could lay aside his pre- judice and act fairly as the California code demands As result, the state, finding itself in an embarrassing pc sition, was forced to withdraw it's objection to the defense's challenge, thus relieving the judge from decid- ing the point raised, by eliminating Nelson. This was admittedly a vic- tory for the defense and it indicates a desire by Judge Bordwell to secure an absolutely impartial jury.
 The point, however, is certain to come up again, later, as the state is expected to find at least one man in the Venire who is satisfied that a gas explosion destroyed the Times building. Then the position will be exactly reversed and the defense will E<rI,@ f0v> f1A iroy1 r,sG a. tention, while the state, which wanted to keep Nelson, who declared he was sure dynamite was used, will be forc- ed to face this fact squarely.
 It is plain. already, that the defense will rely for great portion of it's case upon the impossibility of proving the corpus delicti. The indictments hold that Charles J. Haggerty, for whose death James McNamara is on triaL was killed, "as the result of an explosion of dynamite, feloniously placed by James B. McNamara, in the blind alley intersecting the Times property"
 The defense asserts that it will prove by experts that a gas explosion wrecked the structure, thus demolish- ing the states case at the very out set.
 One veniremap, who has already been tentatively accepted by the de- fenSe, James w. Roberts, naS hdQ eX- perience with dynamite. It is admit ted that the defense hopes to retain him on the jury, because of his knowl- edge of the freakish actions of the ex- plosive Attorney Darrow and his as- sociates think Roberts would explain to the other jurors the impossibility Of dynamite being exploded without leaving absolute proof of it's existence by traces of the downward force ex- erted by it.
 The defense'S course in accepting Roberts is unparalleled in the history of similar cases. He admitted that he was formerly affiliated with the Mer- chants and Manufacturers association. Now, however, he added, he was en- gagged in speculation in lands in Mex ico. awhere General Harrison Otis, the most active force behind the prosecu- tion also has large interests. When questioned as to his views concerning the owner of the Times, Roberts said he didn't like certain of Otis business methods so it is believed Attorney Darrow is willing to take a chance that his prejudice against the editor- soldier will offset any feeling he might have against unionism Roberts insisted that he favored an absolutely fair trial
 With material progress in sight, in- yterest in the case is growing more in- tense, and crowds, today, besieged the sheriff for tickets of admission to the courtroom. The force of deputies has been augmented and only those who can find seats will be admitted.