The Birmingham age-herald., 1911-11-05
MANNING |S1SERED . BY SUDDEN ILLNESS -- Only Acceptable Juror Is
 Disqualified NO PROGRESS MADE With the Exception of the Examina- tion of the Fourth Venire
 No Session Is
 Held

l Los Angeles, Cal November 4.-The only taesman who had been considered assured of acceptance by both sides ip the McNamara murder trial virtually was removed from consideration today and at the end of four weeks it could not be learned that any juror was even fairly eel tain to remain in the box
 Seaboin Manning. 56 years of age, a farmer, and the talesman who seemed agre cable to both sides, Is physically un- suited for jury service in a long tral
 4ceordings to four sof Manning's fellow taiesmen who waited upon Judge bord- well and told him Mannins's condition l Judge Bordwell took the matter under advisement. Attorney Clarence s. Dar- row, chief counsel for the defense, said he feared it would be impossible to re- tain Manning.
 Other possibilities as permanent jurors are Talesmen Bain, Green and Sam Men- dennall. Of these Green appeared to stand the best chance although he ad- intjed having an acquaintance with Dis n ict Attorney John. D. Fredericks. Bain, who formed the first labor union in Los | Angeles. and Mendenhall, who has gwen cN lutllCS Ol DtillS ltlQti lCeitVt, hioS pS challenged.
 There is not thought to be much chance for A. c. Winter, Walter N. Frampton, George w. Johnson, Frank Frakes or A. T.. McNeiily, but Byron Lisk, a Pasadena flour mill owner, may get in Talesman McKees status is considered uncertain and w. H. Andrews, twelfth man, Is un- der challenge by the defense. The fourth venire in the McNamara murder trial appeared today before Judge Walter i3ordwell to undergo a fast pre- lininary examination by which the court wihnows out all those who for personal reasons are disqualified for jury service or should be excused from it.
 By chance, the big red jury wheel turned out in this drawing of 40 men the name of Harry Chandler, son-in-law Of General Harrison Gray Otis, proprie- tor of the Los Angeles Times, and him self vice president of the company which publishes the paper.
 Aside from the examination of venlre- men by the judge no session of the court was held some members of counsel for The defense wishing to have Saturday in which to clear up private business.
 While Il talesmen accepted as to cause, there is hope that Monday will see the twelfth qualified and the beginning of the peremptory challenges. These probably will reduce the number of talesmen in the box to about three and the work of fill :ns it up will be resumed
 New Years day, 1912 will see a full jury box in the opinion of counsel.
 As has been the case with preceding venlres the 40 men summoned today de- veloped a large majority with reasons 10 present why they should not serve. Under the law all those drawn for jury service muse be shown by the county | assessment roll to be tax payers. Indianapolis, November 4.-Judge Joseph MarSey of the county criminal court this aftalnoon granted to the Interna tional Association of Bridge and Structural Iron Workers an appeal to the Indiana supreme court from his order giving tenn porary possession of the evidence in the McNamara dynamiting case to the fed eral grand jury.
 Pending decision by the supreme court Judge Markey announced that the evil dence which consists in part of account books of the Iron Workers union will be guarded by deputy sheriffs
 United States District Attorney Charles ". Miller protested that the evidence Was needed in the federal grand jury's inquiry opening next week and declared he was prepared to argue that an appeal could not lie in this case, but Judge Marley answered that he already had signed the bill of exceptions presented by counsel for the Iron Workers union and John J. McNamara