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Show I Uses Desert Craft to Illustrate Point in McNamara Case Los Angeles, Oct 20. The state challenged Talesman t. W. Adams at the opening of the McNamara murder trial today because oC Implied bias. The challenge was based on Adams' opposition to the death penalty and also on what the California criminal code defines as "actual bias." The court tqok the challenge under consideration, making four challenges now awaiting his decision. There Is no section of the criminal crim-inal code covering circumstantial evidence, evi-dence, and for this reason It was necessary to construe Adams' attitude on this question as bias toward the prisoner. Adams Is a Socialist and a portion of his examination waB taken up in separating his theoretical political beliefs be-liefs and his personal attitude toward the prisoner. The defense, under Attorney C S. Danow, resisted the challenge. Dar-row's Dar-row's examination was by way of attempted at-tempted demonstration that a man who believed that gas destroyed the l.os Angeles Times building still might be unprejudiced as to whether or not James B. McNamara Is guilty of causing the death of Charles J. Hnggerty, a machinist who lost his life in the TJmos disaster. 'You bellovo that the building was blown up by gas?" he asked. "Yes," said Adams. ' But you have no objection as tp whether tho defendant, by breaking i gas main, or otherwise, caused the building to be filled with gas?" "No," saad tho talesman. The state takes the position that belief be-lief In tho gaa theory is virtually be-ief be-ief In the innocence of the "defend-xnt. "defend-xnt. A few mlnntesjater tho stato also mnllenged Talesman A. R. Mcintosh lecnuse of his objection to the death icnalty on circumstantial evidence. This chnllenge was also resisted by j the defense. Implied bias was the formal ground for the challenge. I' Desert craft, known more .or less i by nearly every man In the courtroom, I was drawn upon by Attorney Darrow I to explain circumstantial evidence. ;The clever art of trailing men across great wastes with only tho slenderest 7 threads of clews, was cited by Dar-i Dar-i row, and common frontier tragedies x were touched upon. if "If vou knew a man had a revolver !o unusual caliber and nnother man wore found dead with a bullet of that caliber in him, -would you consider that circumstantial evidence?" he asked Talesman Mcintosh. "Yes "Or If yon found a horse trail with three good shoes and ono half shoe ; and know of a horse with three good ! shoes and a half shoe?" "Yes." I ' "Or the trail of a man showing only ono j heel mark and if you knew of a jl.inaif who lost one boot heel?" "Yes." f Los Angeles, Cal , Oct 20. Though jithe impanelling of a jury to try the SBtjcpse of Jame3 B. McNamara Indicted mt for murders resulting from tho ex- plosion or tho Times building, still 5Jb a matter of weeks, definite pro. H gross had been mado when court Rj opened today toward defining tho Is-jjSfrSucs. Is-jjSfrSucs. principal and collateral, along jjiaj which tho battle -will be fought, iti?4 After flQvlns concluded Its cxaml-jM cxaml-jM nation for canso among eleven of the jwi twelve talesmen In tho box, reserving fi.Btlll, with the court's permission, tho jjjitright to interrogate further H. Y. "TyQuackenbush "about mattor yet being IjrtRMnvesUgatod," tho defense had empba-tfjjRrfzcd empba-tfjjRrfzcd by threo challenges for cause tyftf that It would consider as hostile tales-jflmen tales-jflmen who not only wore prejudiced -yjU-igalnst labor unions and their mcth-Mf mcth-Mf ods of operation, but those who firm-57I firm-57I lv believed dynamite destroyed the gfafi Times building. The court is not ex-WA ex-WA Pectc,i to condor Us decision on theso fafit challenges until the stato has had its fyi opportunity to examine talesmon for "3$ cause Tho prosecution therefore hjh continued today its examination of M T. W. Adams, and it was apparent fSm b? lno 1,no ot questions too that the Pb state doomed it essential that no '4fj talesman should servo who said a gas fitajt explosion caused tho Times disaster. flfl Tie state, furthermore. In Its exam 5m lnatlon of Adams, has revealed that JjSp It will consider unacceptable thoso H talesmen in whose minds Socialistic wHk views aro imbedded and who have Bt been reading those Socialist news B papers or periodicals which champion HE th,c cause of tho McNamaras, de-Kg de-Kg picting it as a close struggle. jSt? Labor Unionism. Tvjljl Tho state has vigorously resisted tfHft tho questions of Clarence S. Darrow, Mji chief counsel for tho defenso. In ffP which he sought to learn talesmen's fXk v'ews on whether or not labor unions. "Sfe as conducted, were a menace or an M advantage to society, and has been jjBBj apposing the argument of 'the defense XHj- that labor unions are directly involv-raMbod involv-raMbod in, the case by asserting that tho JgHtrpaln issue is whether or not the dci rMBBfendftnt wrecked the Times building, IBMHfegardlosr, of his labor affiliations. But 'SI' Us .examination of talesmen the wte, on the other hand, cxnecK to gBuW men who are prejudiced in favor jjjB 'labor unIons and likewise maintain jpWBlt gas caused the explosion. rfiBWe defense, In taking tho view that Dill . a man who believes1 the building was destroyed by .dynamite thereby be llovee the defendant guilty and has prejudiced tho cause, has attempted -o hold tho prosecution to analogous arrangements ar-rangements by offering not to resist challenges against talesmen who firmly bellevo the building was blown up by gas. The state, however. Is unwilling to accept the situation as exactly analogous District Attor-new Attor-new Fredericks reiterated today that while a talesman may have a fixed opinion that dynamite wrecked the Times building, he may not at the same tlmo believe the defendant committed com-mitted the crime or that there has been a crime committed, and therefore, there-fore, he is eligible to receive evidence evi-dence on the subject. But, on the other hand, the stale contends that If a talesman Is strongly convlnood that gas caused the explosion he unequivocally un-equivocally believes the building was destroyed by accident, that no crime was committed, and obviously clear3 the defendant of any connection with the affair. Jury Must Rule. On top of these opposing theories, as to "how far a fixed opinion on the cause of tho explosion affects a tales-Continued tales-Continued on Page Seven ) no DARROW CLEVER (Continued from Page One j man's ability to give both sides, a fair and impartial trial, arc two sections sec-tions of the ponal code traversing an even wider field. While one section would disqualify a man for having a fixed opinion on issues involved, another section declares a talesman eligible if his opinions are based only on public rumors or reading lu tho-public tho-public wrints and if he can set them aside On Judge Walter Bordwell, therofoie, devolves the task of ruling on these distinctions In saying whether wheth-er challenges for cause entered by the defense against Georgo W. McKec. Mc-Kec. Otto A Jessen and E. J. Shower Show-er shall be allowed. McKce und Jessen Jes-sen are ngulnst unions and believe dynamite caused the explosion, while Shower "beliees dynamite placed through the instrumentality of labor unions was the cause. A ruling on these points will go far toward hastening or delaying the work of gotting a Jury, for, it opposl tion to labor unions is held to be Ir-fpvolant Ir-fpvolant to the case or if opinions holding dynamite ns tho cause and based upon newspnoer reading aro considered as not affecting a talcs-man's talcs-man's ability to bo impartial, tho task ot securing .1 jury, it is expected will be accomplished in a short time But if the contrary is held forth many disqualifications aro likely. Jor judging by the talesmen thus far examined, ex-amined, it" Is thought manv more talesmen tales-men will be encountered who hne formed opinions as' a result of reading read-ing In the newspapers and magazines. Hopes Are Shattered. Tho beginning of the stale's inquiry in-quiry into talesmcns qualifications has "within a day dashed somewhat the hope of gotting a jury qulckb und it is possible thai examination for cause by the defense with new talesmen may be on' again in a few davs. Tho state discolored, for Instance, In-stance, that after .1. W. Roberts apparently ap-parently had passed both sides on the question' of labor unions nnd the guilt or innocence' of the defendant, ho was opposed 'to capital punish-ment punish-ment Talesmen who have similar scruples are expected to bo found Incidentally it Is reared that talor-meu talor-meu who mav nol wani to serve on the Jury ' might suddenly develop oninions of scruples on the subject of capital punishment and d!squallf thcmselvos to avoid what thoy might consider an irksome duty In this connection, It Is significant thnt Judge Bordwell in the last few days has admonished talesmen not lo let then' person! HUcs or dislikes, conxcnlence or Inconvonlences In an wnv influence their answers to tho lntcrrogatlona of attorneys It is be-Jlovfiil be-Jlovfiil Ronor-nlly Inv.Los Angeles thn the trial will lam several months and manv of tho veniremen as well as talesmen who cnuld not get through oxcuscs on piellmlnary examination, are thought to be anxious Id dodge i Jury dull'. ., , a McNamara Is. Pleased, , Juoldcntully Jat.ieS Mi McNomartl. iigimihuiI of blowing -up -the. Xbo-iR building, in ucrcdably surprised to Mud that Of tho talesmen examine 1 I thus far" v proportion' do not hold him robpoiiHlblc r-nd also have opinion ) ' that gas did H. ' "I think that people or Los Angeles ' arc fain" ho said today, "and it looks as If wo wJll get a Jtnv I certa1nl think l'c had the best ot U so far Nearly everjone of the tnlesmjjj) say' tliuy can piesume me innocent, aiul I am glad to see that most ofiihcni do not believe the dynamite theorv," Exclude Funeral Attendants. " That any man who attended tin flineral ot the Tlrncis victims, where sixteen coffins lay across the stagp of a local theater and heard the oration ora-tion made on that occasion by the Rev. Jtobon J. ("Bob"l Burdette. pastor pas-tor emeritus of the Temple Baptist church, Is not and cannot be a lair' and Impartial juror, wa-s tho position posi-tion taken today by counsel for the defense It is said to be unique. It was announced that where jt can bw learned that a talesman sat through the afternoon where woman i after woman tainted under stress ot emotional feeling induced by the grim surroundings and by the elj- ' quence of the speaker, antK,a dozen i piofesslonal nurses were on hand to I look after them, that 'talesman will j bo challenged for cause. Whether the Rev. Mr. Burdette .will be summoned into court to refresh the memories of these nic'n, wis'not Mated. Against T. W, Adams, wluj admitted admit-ted yesterday that by rending tlic' Appeal to Reason, a Socialist pnper, he had formed the opinion that gas caused the oxploslon. the prosecution prepared early today to direct more queBtiorf8 to determine whether he would be a prejudiced juror Adams early in his examination said that while he had an opinion on the caine of the explosion, he had never diw scus8ed it een with hi3 neighbors, The slate has confronted him with a statement by B. F Bond, ii neighbor neigh-bor of Adams, in which the tnlesman is alleged to have outlined in conversation con-versation the reasons why dynamite1 could not liavc caused the explosion, arguing that no big holes were found in the cellar of the building and furnishing details to defend his theory the-ory that gas wrecked the structure. While declaring he did not romem-ber romem-ber discussing the subject with Bpiid, Adams admitted that he ofton talkeJ with Bond on other subjects, that the statement as read by G. Ray Horion. deputy district attorney, represented his views at the time when the alleged al-leged conversation took place and constitutes his opinion on tho subject at presont. The stale has decided that it will bo unnccessar' to brine Bond ns a witness to impeach Adams, holding that the Information is solely for the court lo have to enable it to deckle on the competency of a talesmari. This was the point which the examination ex-amination had reached when tonrt opened today. The men who probably will be the first two jurors in the McNamara murder mur-der case were selected in court today. Thoy aro Seaborn II. Manning and P. D. Green. Both men already passed for cause bv the defense, werepassed b the state todav and indications were that Manning und prohably Green would escape peremptory challenge. chal-lenge. tThe dqath penalty, which the lower low-er hoube of the California eglsla-ture eglsla-ture Aoted to abolish this ear. became be-came a prominent issue In Judge Walter Wal-ter Bordwell's court today -iu tho effort ef-fort to got a jury to try Jnmcft R. McNamara for tho murder of Charles J. Haggerty, who was killed In tho Los Angeles Times explosion and fire a year ago. The sentiment against it caused surprised comment among the easterners in the courtroom. Four successive talesmen under examination ex-amination by the state said with more or less emphasis that they were op-, posed to infliction of the death penalty. pen-alty. Ernest F. Docker, a landscape gardner, when questioned by the court, said flatly that he would not return a verdict of guilty in n capital crime on circumstantial evidence The cases of T. W Adams and A R Mcintosh who also opposed infliction in-fliction of the death penalty on cir cumstantial evidence, were taken nn- IH dcr consideration by the court, making H In Ml five talesmen now under dial- H lenge for cause, H S. . Munning, already passed lor jH causo by the defense, also was passed fl by the state, being the first talesman IH to pass both sides. He probably will IH be the first final juror unless excused H by peremptory challenge. IH F. D. Green, a retired rancher, also IH wus examined by tho stato nnd H passed for cause. H oo H Apostle DaId O. McKay will speak l In the Tabernacle on Sunday, Sub- H ject, "Jtcspouslbllity of Citizenship," M MUSICAL PROGRAM. H . Organ selection Samuel F. Whit- H aker. H ' Solo und chorus Miss Elsie Short- en and chohv Male quartette Members-or choir H l Solos und chorus Mrs. Myrtle B tflgloy, Mrs. Tillle II. Pouller'and the H 'Solo and chorus, "Seo Now the A' -far" Walter Stephens und choir. Services commence promptly at 2 |