The Detroit times., 1911-10-19
RULING WILL DECIDE
COURSE IN M'MAMARA CASE
Attorney Darrow Aims to Com
pei Court to Go On Record
On Challenges.

LOS ANGELES. Cal, Oct. Ia Upon
the ruling OF Judge Bordwell. on the
challenges for cause interposed by
the defense against Neniremen George
Mckee. and otto A. lessen, depends
the entire future methods OF the Nc
Namara defense.
Attorney Darrow and his associate
arrived at the court house today, de-
termined TO force an issue as soon as
possible TO compel Judge Bordwell 10
place himself on record as 10 whether
yenireman who admits believing the
destruction of the Times was abso-
lutely due 10 dynamite is eligible for
service. Inasmuch as the defense will
build its entire case on the hypothesis
that the explosion was accidental and
the result OF gas ignition. this is a
crucial point.
Judge Bordwell SO far has refused
TO rule and will wait II possible until
the defense has examined a total OF
az for cause. He Is reserving his de-
cision regarding Mckee and Jessen
pending that time.
The states reiteration of the belief
that man who believes dynamite de-
stroyed the Times is perfectly eligible,
while a man who believes the gas
because this was a presumption or
accidental fire explosion and absolute
ly demolish the states contention.
When court opened today the de-
fense had examined nine men and
passed seven. subject TO cause and
were examining K. G. Robinson, who
admitted being prejudiced against la
Dor unions because they favored
strikes.
Mckee and lessen have been chal-
lenged for cause. but the court has
not ruled on their cases The founda-
tion is also being laid for the i'm
peachment OF II. Y. Quackenbush, be-
cause after swearing under oath he
never had expressed an opinion as
10 the guilt or innocence or guilt or
the McNamaras, witnesses have been
produced who swore he said he be-
lieyed they were Guilty as hell"
Attorney Davis was examining We
nireman Robinson. Davis asked if
Robinson had read a statement by
Francis J. = Heney that Detective
Burns, because of his association with
Heney in the San Francisco graft
cases, was a man Of high character
who could not make a mistake. Fred
ricks fought to keep out OF the case.
but failed. Judge Bordwell saying the
question was competent. Robinson
had not read such statement. The
question will be repeated. however, in
all future examinations.
Robinsons examination resulted IN
several sensational clashes between
attorneys and the court. Judge Bord-
we'll refused TO permit Davis to In
quire whether the venireman's belief
that unions resort to strikes to en-
force their demands indicated be-
lief that unions are inimical TO the
welfare of the nation. Davis then de-
manded OF Bordwell:
Gould you, yourself, believe that
man was innocent when you knew az
a fact he is actually guilty?"
Certainly, as legal proposition
could" replied the court.
Davis then demanded OF Robinson
whether this belief that Burns had
always told the truth, and his knowl-
edge that Mcnamara had been indict-
ed did not make him believe McNam-
ara guilty. He received no answer
and then demanded:
Now. In your heart, don't you be-
iieve this man guilty. but you are
anxious to stay on this jury?"
The state objected and was sus-
tanned. Robinson was then questioned
a dozen times along similar lines and
objections prevented his answering
At last he said he was willing TO pre-
sumo Mcnamara innocent.
Judge Bordwell then questioned him
and received a statement from Rob-
inson that he knew what a presump-
ton of innocence meant and was will
ing to consider Mcnamara so until
proven otherwise"
Davis interrupted and cried: Now
you are willing TO presume this man
innocent. although you positively be
lieve him guilty-isn't that fact?"
sredricks objected and was sus-
tanned.
Then came the Heney incident and
a bitter clash between attorneys which
only ended when adjournment was
reached.
Feeling on both sides Is growing
more bitter adily and the court Is
constantly compelled to interfere.