The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-09-22
Fair Trial Assured All.

In upholding Mr.. Davis" contention,
Judge Richards said, I'm going to see
that every man receives fair and i'm
partial trial as long as ! preside over
this court, No man with fixed opin-
ion as to the guilt or Innocence Of de-
fendant, no matter on what charge that
defendant is held, goes into that jury
box"
With those words, Judge Richards
recognized Mr.. Davis challenge for
cause Of T. Lunamand, 9f2 Leath
street. who was the FIRST veniren1an to
be examined Monday morning, and the
one whose opinion brought the hour
legal battle between states attorneys
and Mr.. Davis
Davis exercised the peremptory chal-
lenge twice Monday morning, thus
bringing the total for the defense up to
five, or one third OF the entire number
to which Mcnamara Is entitled After
defense are exhausted Yeniremen who
believe in the death penalty and who
have formed no opinion on the case,
will be taken automatically on the jury.
The state has exhausted only one Of Its
five pefemptory challenges.
Had this challenge not been exer-
cised by either side, there now would
be six jurors in the Mcnamara trial.
At the present rate Of exhaustion, Mr.,
Davis will expend his last peremptory
challenge some time Wednesday.
Country Men Challenged.
J. H. Muller, baker, National ceme-
terry. and Lee Sylvester farmer, Kerr
vile, were the two men Monday MORN
ing on whom Mr.. Davis exercised the
peremptory challenge for his client.
Muller looked for several minutes as
though he would be the man to quail
ify as juror No. |. But, after lengthy
examination, Mr.. Davis exercised his
fourth peremptory challenge, and eX-
cused Mr.. Muller,
Muller had been working in Florence
Ala, during the time Mcnamara is al
legged to have committed the assault on
a 17-year-old girl. He could not re-
member anything ABOUT newspaper ac-
counts OF the tragedy, excepting the
headlines. and he stated heS had nc
opinion whatsoever regarding the guilt
or innocence Of the case. Muller said
he was native of Switzerland, and had
17-year- old daughter working at the
Hemlock telephone exchange.
Sylvester said that had heard the case
discussed but that 1t left no opinion
In his mind, He had read more Of the
case since he was called on the regular
jury panel week ago than he had
at the time It happened~ he said.
Mr.. Davis created mild sensation
| when he asked the venireman II hi
had ever loaned himself to any parties
said to be transporting whisky, ant
stuck with the automobiles in the mud
| Sylvester said he had not, This was
after Davis had conferred with McNa-
mara that the question was asked.
What do you mean by such ques'
| tion. Mr.. Davis?" Judge Richards
| asked.
Il merely was trying to connect thi.
venireman with some other parties. YOU
honor. | meant no offense TO the We.
nireman," Mr.. Davis replied
| Then he exercised the peremptory
challenge on Sylvester,
| W. C. Duttlinger. who for years ha!
worked to supply Memphis with an au
ditorium, was one OF the veniremcr
examined Monday morning. He wal
challenged for cause when he statet
| that he had very positive opinion
| In the case, and that 1t would taxi
strong evidence to remove his opinion
| punishment in cases where the evi
dence would warrant the limit Of thu
| law.
| w. w. higgins. Cordova, farmer, wa,
| excused when he said he had an opin
| ion of McNamara's guilt or innocence
| l. n Snowden was excused when h
| stated that he did not believe In tn,
| death penalty
o. Il. Funderburk. Capleville was ex
cused by the court when Mr.. Davi
| objected to his examination because hi
name appeared on the Venire facias a
Fimderburk.
| H. B. Pass, National cemetery; G. 7
| Hickey, 794 Roanoke avenue, and w w
| Laughlin, ,141l South Driver street, wer
challenged for cause when they state,
they had fixed opinions,