Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1911-11-05
Only Talesman Regarded as
Certain of Service on Nc
Namara Jury Will Prob
ably Be Let Out for Phys
ical Cause.
LITTLE PROGRESS
HAS BEEN MADE
End of Fourth Week Finds
Court With Little Better
Prospect of Securing a
Jury Than in the Begin
ming.

Los ANGELES, cal, Nov. 4--Ine
only talesman considered assured of
acceptance by both sides in the Nc
Namara trial virtually was removed
from consideration in it today and
at the end of four weeks it could not
be learned that any juror was even
fairly assured of acceptance. Seaborn
Manning, Sc years o:u, a bachelor
farmer, the talesman who seemed
agreeable to both state and defense.
is physically unsuited for jury ser
vice in a long trial, according to a
report made today to Judge Walter
BOrdwen by four of Manning's fellow
talesmen.
George w. Mckee. the first tales
man accepted as to cause, by both
sides, Talesmen F. D. Reed, Robert
Bain and W. y. Frampton waited up
on Judge Bordwell, and told him Of
Mannings condition. Their reports
confirmed rumOrs circulated several
days ago that Manning is not well.
1t is said that while he manages to
stand the day in the jury box. he
sleeps badly at night and sometimes
keeps other talesmen awake. The
matter was taken under advisement.
Attorney Darrow. chief counsel for
the defense. said it is impossible To
retain Manning Other possibilities as
permanent jurors are Talesmen Balm,
Green and Sam Mendenhall. Green
appeared to stand the best chance. al
though he admitted on the stand
having some acquaintance with Dis
trict Attorney Fredericks.
Balm. who formed the first labor
union in Los Angeles, is considered
a possible candidate for challenge by
the state. Mendenhall. who has given
evidence of being tender hearted. may
be challenged by either side. Judge
Bordwell today excused five of the
new venire of forty for personal rea-
sons. This includes Harry Chandler.
sOnin-law of General Otis, publisher
of the Times. and himself vice pres
ident of the Times company; but
Chandler was excused only until next
Wednesday. il not being within the
province of the court to let him go
on a preliminary examination because
of any personal interests in the case
in which he will be witness. That
he will undergo examination as
talesman is therefore a probability
INDIANAPOLIS, Nov 47Judge
Joseph j. Markey of the county GRIM
inal court, granted to the Internation-
al Bridge and Structural association
an appeal to the Indiana supreme
court from his order giving temporary
possession of evidence in the McNa-
mara dynamiting case to the federal
grand jury. Pending decision by the
supreme court. Judge Markey an
nounced. the evidence, which consists
in part of account books of the Iron
Workers union, would be guarded by
deputy sheriffs. United States district
attorney. Charles W. Miller, protested
the evidence is needed in the federal
grand jury's hearing opening next
week. and declared he is prepared to
argue that an appeal could not lie
this case. but Judge Markey answered
that he had already signed the bill of
exceptions presented by counsel for
the Iron Workers union, and John
]. Mcnamara. Miller pointed out that
| if a subpoena be issued calling the
sheriff of the county before the federal
grand jury. with the evidence. and he
obeyed. he would be in contempt of
Judge Markey's court; he did not
obey. the government would have re-
course. He did not announce what
action he would take.
4
| WASHINGTON. d. c., Nov. 4.-Of-
| ficials of the department of justice
say that the government is taking no
hand in the case of the labor Of
ficials now on trial in Los Angeles
for alleged dynamite outrages. 1t has
been charged that some of these men
| transported into interstate commerce
| explosives not marked as such, In
| violation of the federal statute. The
! governments investigation concerns
| Continued on Page 81