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Show USE PEREMPTORY CHALLENGES IN mmn case LOS ANGELES, Cal . Nov. 7. The Jury box in tho McNamara trial was filled today with talesmen accepted as to cause and peremptory challenges were exercised by both sides. Toulght but five of tho 12 men remained, and the defense had reserved tho right to challenge some of these In tho morning morn-ing If it desired. Should it not so challenge It cannot excuse these men later on. This was the second day of the fifth court week of the trial, and In its courbe the defense lost every appreciable ap-preciable point for which It contested. contest-ed. In the Jury Box. The five men left in the Jury box tonight were: Robert Bain, carpenter, who organized or-ganized the first labor union In Los Angeles. F. D. Greene, orange grower, who said he has road magazine articles about the case without prejudicing his mind and that hc was acquainted with tho use of oxploslves from experience 1 in Boulder, Colo. I Byron Lisk, a retired mill owner, who said he had no opinion as to the I cause of the Los Angeles Times explosion. ex-plosion. Sam Mendenhall, orange grower, also al-so without opinion. William F. Clark, who said he took sides neither way. Tho challenges were exorcised alternately, al-ternately, the state leading off with ! Frank Frakcs, a happy-go-lucky ranchor from Elizabeth Lake, who admitted an acquaintance with At- I toney Lccompto Davis for the defense. de-fense. I The defense excused Georgo W. Mc-Keet Mc-Keet against whom earlier in tho day it had presented five witnesses In an unsuccessful attempt to show McKce was an unfair Juror. ! McKoo is a Scotch-Irish Preaby- j terinn real estate dcalor, who said on his examination that he had a fixed opinion that the destruction of the Times was a criminal act and that , In this particular ho could not bo a fair and Impartial Juror. A challenge at that tlmo by tho defense was disallowed. dis-allowed. Excused McNeely. The Btnte then excused M. T. McNeely, Mc-Neely, a tailor, who as an officer of tho tailors' union had assisted in strikes, but said he did not approve of them. , Af,tcr excusing McNeely, District Attorney John D. Fredericks announced announc-ed that the state would exercise no more peremptory challenges at this time. The, defense continued, eliminating Georgo W. Johnson, a retired foundry superintendent; Dr. G. S. Case, a retired re-tired physician of Pasadena; Walter , N, Frarnpton, a farmer, who said ho beiloved the Times was blolwn up by dynamite, and A. C. Wlntor, a builder and contractor, who had an opinion concerning the guilt of McNamara uhlch It would require much evidence to remove Adverse to Defense. 1 Points on which the dclensc encountered en-countered adverse rulings today were: Resistance of the state challongo agalnal Taleslman Georgo V. Morton, on grounds of "faulty mind' as ahown counHol sHld, In the fact that bo had twlco contradicted himself in tho course of h!s examination, which lasted last-ed several hours. Challenge against Dr. Case, preferred pre-ferred by Attorney Darrow on the same ground as that leveled against Morton, was rojected. Effort to Impeach Talesman Mc-Kee Mc-Kee was unsuccessful. Tho court declared ho was not con viuced that McKeo had said what the various witnesses credited him with saying Effort to fill tho jury box' after each peremptory challenge was offered and defeated by the stale, which cited authorities to show the procedure was contrary to practice in this state. It was said tonight that the defense would excuse one or perhaps two of the five men remaining in tho box, but not more. |