The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-09-23
A. J. 'NAMARA
TRIAL YIELDS
NO JUROR YET
Defense ExhauStS Two More
Peremptory Challenges;
Only Six Left-DaviS GriIIs
Two Who Qualified.

second special venire Of 500 men
was ordered by Judge j. Ed RichaRds,
OF the First criminal court, In the Alien
u. McNamara trial Tuesday morning
! The yeniremon will be required to re-
I. port Friday morning, at $50 o'clock.
Fully one-third Of the special venire
OF 500 which was ordered for Tuesday
. morning reported. The others either
were not served with notice, because
they could not be located, or else Just
stayed away, But it will cost them
Judge Richards ordered Mike NJ Cohen,
deputy criminal court clerk, to assess
fines Of $40 against every veniretlan
who failed to report after notice had
been left for him
Not single juror was obtained Tues
day morning In the Mcnamara case,
although the regular panel was exhaust
ed by the time court adjourned the
morning session. The morning saw the
exercise OF two more peremptory chal-
4 lennges for the defense, bringing the to-
tai S'p to nine. This leaves only six
more sW the defense.
TheE tuesday morning session was
enlfeeIR for the spectators by verbal
duel bNhEeen Ralph Davis, counsel for
McNanaRra, and J. A. Lowe, farmer,
Bray Station, against whom Mr.. Davis
turned his shafts Of oEatory and cross
qtlestioapng. Try as he might, he failed
70 swetSe Lowe form the path of quail
I UcatioHf aud In the end the ninth per-
& ofnptoH challenge removed any chance
Lowe night have had Of serving on
II the Me.yamara jury.
Objected to Spotter.
Davis challenged Lowe for cause first.
~ after he had ELECTED that Lowe had
been a whisky spotter for Ed Pass for
mer assistant chef Of police. Lowe
admitted that Sheriff Perry. had got
himsthe job, but he said this fact would
fsot make him weigh Perry's testimony
R9a'ter nn that account.
% No human being who engaged 9ingthe
business this man admits he engaged
~ tiais case, declared
aif alag'sy speaking Of Lowe
1t Is 4 physical impossibility to- dis
qualify him because his mind is fixed"
A Lowe.
In challenging for cause, Davis stated
as his reasons; This man hasn't the
N degree OF intelligence that juror
should have to determine the questions
of fact that might arise In this case,
and he wouldn't have at heart the ascer-
tainment Of the truth in the case. 1t Is
easy to see that his hatred, bias and
prejudice would be directed against this
accused person"
0verruled Sn his challenge for cause,
Davis entered peremptory challenge
against Lowe
The other peremptory challenge was
uTtGlSu dSdlHSI IN. .. reIE EuSOH, MIIl~
ington, farmer, whose intelligence came
in for a severe panning at the hands
|, of counsel for the defense, when Fer
guson could not be disqualified for
cause ~
Walker Has Good Ground.
Richard Montgomery, farmer Nesho-
ha, who was being examined when
court adjourned Monday, resumed the
stand Tuesday morning. He soon dis
qualified for having fixed opinion.
H. w. Bayliss, 2S9 Kenilworth place.
was excused because he does not be-
lieve In the death penalty Similar rea-
sons brought disqualification to H.
Kuhn, 1880 Monroe avenue, ]. A. Brul-
bridge, J. L. Lehman, 266 Lewis street,
A, X. McCalla, oRsemark.
Others excused for having fixed opin-
ions were: ]. e. Foster, M. w. Duncan,
A, M. Bowen, E. A. Best, A. Trotter,
Baker was not permitted to be ex-
amined by Mr.. Davis, because his name
on the venire facias was listed as r..
r. Baker, although his address was
correct
Mr.. Walker stated that he had formed
an opinion that could not be changed.
He formed this opinion, he said, last
summer while he was member OF the
federal grand jury which indicted Tyree
/ Taylor. former chief deputy U. S, mar
shal on charges of accepting a bribe.
Allen McNamafa was one of the chief
witnesses against Taylor Mr.. Walker
said. and at that time he formed an
opinion about Mcnamara which he be-
Meved he could not shake on entering
. the jury box.
Court adjourned at 1915, instead of
l 1890 Tuesday, for the purpose OF per-
/ mitting attorneys for both sides to ex-
anime the list OF names of the special
venire which reported for examination.
Mr.. Darragh was the first Of the special
venire called, and Mr.. Walker was the
second.