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Show I jWhich Was It That 1 ! Blew Up the Times 7W 'ft Building? 9 1 ml m I ! Los Angeles, Oct. IS. After lying )VJ (quiet for two days, the first big Issue jjln the McNamara murder trial poked jJjS fits head up again today and began j jlto make trouble. fl 2 Before noon the defense and the jTj Cstate had collided twice, two jurors n had been challenged and the court fa? jihad reserved Its, decision Qjtft f All this difficulty arose from the "M contention of the defense that a mm M who believes the Ios An?eles Times $ building was clnamitcd Oct. 1. 1910, fflP els not a competent Juror, and tho j&S iState holds !ho is, unless he has a QUI sfixed opinion as to the guilt or '.nno-38 '.nno-38 Kenco of James B. McNamara. the de-i de-i Mllfendant, who Js on trial for the deaMi a0' Cbar,es J- IIa5Serty, one of the tjBIuvventyone meai hilled In the Times jS disaster. jl a ''If a talesman belioves the Times jlT building was bdown up by gas, he cor-bM cor-bM jtainlv believes tho defendant not gull Blty," said District Attorney Frcder- Kicks. "On the- other hand, if he be-.TBjUees be-.TBjUees the Tlnxos building was dynu-MKm'ted, dynu-MKm'ted, he still has expressed no be-Mftlief be-Mftlief as to tho guilt or Innocence or tf the defendant It Is analogous to an 3J1 arson case when a man believes n gttbarn was burned, but has no beli,C ,y5 whether or not the defendant luirnol torn "Counsel seeks to sav a juror is dls-jjjj dls-jjjj Qualified if he thinks the Times, was iiMFb,0Wn "p by pas' but is not tf'souoM jSlftf'ed If he thinks dynarulto caus-ad tho '"Cyfpxploslon," said Attorney Clarence S aSv$7Jarrow, chief of counsel for tbo de-yflHfense. de-yflHfense. "The caso ought not to go to JPjotrial on that theory," and beaddcl, tj5jETo you think this man is a 'fair jur-"wwer? jur-"wwer? 1 - Jsj 'T certainly do'' shltT Fredrick's jSlftff "Well, I like your idea of fairness." MSaid Darrow, and the court interrupt- 3ra Geo,Re "W McKee, the first tales-2jSvnan tales-2jSvnan challenged today and Otto A 'fJjOfJensen, the second, both said th?y -ajHstronglv believed the Times bulhling ffrwas dynamited Jensen, beside this. IjBtsnid that he believed labor union JKt members were responsible for it " IttlH M(R Los Angeles, Cal . Oct. IS Motwith-MlPtandInc Motwith-MlPtandInc the fact that the defense in nSTtf i he McNamara trial at the opening y&tf of court today, had tentatively ac-4tf: ac-4tf: rented six talesmen, prospects for tho aJraj fnal empanelling of a jury within a rt period leBB than a month were not 4jgK considered bright today, offtf ; Clarence S Darrow, chief counsel jW for James B, McNamara. sahl.the rie-rjjwafense rie-rjjwafense would continue to examine for dffjaca,IGe tne remaInJnS veniremen, but Ijjifwould return each day with a few jtnuestionB to the talesmen previously TOtfaccepted. sM The defense constantlv Is seeking jffllto learn all about the past life of the "S stnlesmen and an instance of its inves- SB ftJpatlon subsequent to a practical ac-J ac-J ceptance In court of a talesman on 9 fMonday waa that of J W Roberts, in-.5 in-.5 Sfcrmatlon having been obtained tho Jsjfnllowing day that Roberts once had difficulty as an employer of non-union Jincn- n n's case, however, ho sal 1 ftk -Je harbored no prejudice against la "S51 pbor unions as a result of his exper!-tojj exper!-tojj ae-nce and since then had employed J5 'lonly union men. ytj f Two important princlplos have been Tji acknowledged In court by tho defense liWP it8 examination of talesmen In Mt -SUjo first place any veniremen who )'&' Slave flxei prejudices against labor SSI isitnions, both as to their organizations jjrgjfand their Individual membors, will jm find themselves subject to challenge jHe for cause and, if not allowed by the 55Jicpurt. then thev will bo subject to af reremptory challenge later Again, Ug&anv man wno nas handled dynamite jijjflor who on Investigation of his own H-jgif accord has reached an Immovable jK onlnion that tho Times building was 'ijff destroyed by dynamlto, whether feloniously fel-oniously placed or not, likewise will bn considered by tho defense as hostile hos-tile to jt cause The prosecution, when Its turn comes for examination, has let it be rmr l"owu tnat ' 'M Just ns vigorously ilTO( onposo any talesman being sworn ns icjn furors who aro fixed in their Ideas tffIJt tijal the Times disaster was caused fwif'by a gas explosion. jRi Analogous to the contentions of tho jj2 f defense on labor unions, the pronecu-jSfflllon, pronecu-jSfflllon, according to a declaration by J5 if District Attorney Fredericks today, is StirS I preparing to weed out, either on tJgS 'challenge for cause or peremptory M 7 challenges, those talesmen whose po-jJTP po-jJTP ! lltlcal views aro so firmly JmbeddeJ ff n tncir mind6 as to make them un-JS2! un-JS2! "ennlvocal champions of unloi) labor jlirnd its members regardless of the yjjM I Individual caso at hand. Incidentally, iS ' Attorney Darrow already has .vJdcd ,r(i to his broadside of questions aimed 'Jm fnl each talesman a querj' as to their ipl apolitical views, whether Republlcnn, Tk Pemocratic or Socialist. The prosecu-awgtlon prosecu-awgtlon Intends, it Is said, to pursue the Sf4HfiaTno tact'cs w'ln le Idea chiefly of JS ilpaming from talesmen to what ex-rSlrK'cnt ex-rSlrK'cnt Socialistic views would ' altcct iSjKthelr Judgment in the case. sp ySX Continued on Page Seven.) Govern have been matched lo meet before the club offering the best Inducements. In-ducements. Mickey McXeal is representing repre-senting McGovern and Forbes eastern east-ern agent yesterday closed the match. The boys will weigh 118 pounds at 3 o'clock and will box ten lounds, George Schneider of the Cleveland Athletic club, has matched Forbes with either Tommy Hudson of "Windsor, "Wind-sor, Canada, or Patsy Branulgan for the opening of the Cleveland Athletic club the first week In November. GAS OR POWDER? (Continued from Page One.) Tho trial, In fact, though basod on Indictments for murder preferred against James J. McNamara as an individual, has been outlined by the defense as chiefly a struggle between capital and labor and, In seeking to lenrn the- state of mind of prospective prospec-tive Jurymen. Attorney Darrow repeatedly re-peatedly has Bet forth that It Is Important Im-portant that the defense know whether wheth-er a man's prejudico against labor unions as such would cause him to ndopl the attitude that the MoNam-aras MoNam-aras caused tho Times building to be destroyed because of tho opposition of tho newspaper to unionism. ln striving to learn tho opinions of the talesmen as to the cause of the explosion, persistent interrogation of counsel for the defense on tho question ques-tion of whether the dynamite or gua iTiTirrvgjMuBiij! ..ji mi ii iii m thcoiy is held by them has Indicated that very likely this will bo one of the fortifications of tho defense against the case of tho prosecution. No other princlplo upon which tho defenso Intends to icst Its case has as yet been formally hinted at In court by Attorney Darrow or the other oth-er couusel, nor has any dfrect statement state-ment been made that an uttompl would be made to prove an alibi foi James B. McNamara. The plan of Ihe defenso )b said to coniprohend first the contention that the building was not blown up by dynamite, but by gas and when well along with this aricty of testimony, it may move to quash the Indictments. In fact, motions mo-tions to quash are expected to bo made frequently by tho defense on the assumption that, the Indictments are based on the dynninilo explosion theory "The case of Ihe prosecution be-comos be-comos an utter "iallnr if they do not prove that the building was blown up by dynamite and If It appears that gas did It," Is the expressed view' of Attorney Darrow, but the prosecution has refused to ndinlt this in court, not considering Its case as hinging on that matter at ail The state reputedly reput-edly has declared that the Indictments Indict-ments charge McNamara with murder growing out of the explosion of the Times building and that, whether it was dynamite or not, is not tho main Issue It wns said on good authority early today that James B. McNamara probably prob-ably would never go on the witness stand. The hint of Attorney Darrow in court "that the defendant could sit mut while tho prosecution attempt ed to show that the building was blown up by dynamite," is held to ho a forecast of the plans for the defense de-fense to stand nat on the theory that tho Times disaster was caused hy gas and that the dofendant knew nothing about it. The prisoner himself is taking an inconspicuous part in tho trial. Tho battlo between opposing attorneys, of which there aro five on the defense and four associated with the prosecution, prosecu-tion, is attracting all nttcntlon. Seated Seat-ed against tho rail beside a deputy Bherlffl to one side of the alslo that divides tho courtroom, McNamara ha been listening carefully to tho prosecution, prosecu-tion, but except when he reaches tho courtroom in the morning, which for tho Jaet few days has been ahead of his attornoys, he scarcoly has exchanged ex-changed a word with any on including includ-ing counsel, except a greeting. Ju6t behind tho prisoner are sixty-four sixty-four newspaper desks, nearly all of which aro occupied and Just behind his ear is a little box hiding a telegraph tele-graph key, as well as drowning Its voico as it steadily clicks off the re-port re-port of the trial to tho outsido world. |