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Show II First of Veniremen ifl McNaniara Case Is I ' Prejudiced !r Los Angeles, Oct. 13. After hours of persistent questioning, the de- i fense In the murder'trlal of James B. t McNamara challenged for cause ven - lrcman Z. T. Nelson near the cno( of the morning session Nelson wus the first venireman examined In the trial of the first cases resulting from. j the explosion which wrecked the Jcs I Angeles Times building a year ago. j Prom tho start Nelson's extreme 't hesitation In answering questions put by Attorney Lecomptc Davis for Iho jgj, defense was generally noticed, and It M . finally brought an admonition from lijt ,' Judge Bordwell. ' 5 j" "Have you any opinion that would '"IS rco-uIr evldenco to remove?" was the we j question finally hit upon that brought lljS i a direct answer. D "I think I have," said Nelson and Lg' later amplified this to Include "an m I opinion as to the guilt or innocence of Sj t the defendant." j Assistant District Attorney G. Rav huS vj Horton for the stato examined Nel-ES Nel-ES ( son briefly, ellcIUng a reiteration of 9t '.j the assertion that he would need ovl-gj ovl-gj dence to remove his opinion with the 5J supplementary declaration that he j -J thought he could give a fair trial. S"S Veniremen Unshaved. tSjj , The veniremen had a little autoes auto-es mobile ride. They came into court ;- with bristly beards, it having develop-let develop-let f ed that none of them was accustomed p ,) to shave himself. Various types of ? f razors wcro sent up to their rooms e and rejected.. They-tlioreupon decide J-tJb J-tJb Y to request the appointment of a bar-ws bar-ws '? her, who should bo allowed to shave 35 4 them under tho supervision of a dop-51 dop-51 j uty sheriff. ?jj 4 The prisoner, accompanied by Sher' bS j t Iff Hammel, sauntered into court nod- M I ding to several friends. He took an w inconspicuous seat against the rail i$ ; and chatted for a few minutes with jjl Clarence S. Darrow, his cfilef conn- U l sel 3 It was 10:14 o'clock when court s"r , convened. ,tt H. I. Poppenbush was selected to (m fill the vacancy In the panel. v , Nelson Hesitates. jt District Attorney Fredericks in- e formed the court that he would like Sto withdraw bis objection to the unanswered un-answered question directed to Z. T & Nelson on Wednesday. The question J was- ftt "With reference to the officers and "ji X. men who direct the management of Si the affairs of labor unions, do you be- lleve that the great majority of them 'j are lawless men?" i ,t Lccompto Davis immediately asked Si- 'j tho question of Mr. Nelson, who re- Sj J piled- is r "I don't believe I can answer that l5 question I don't know anything fo , about the officers." td "Well, what is vour belief about 4 f them'" 'S "" "You seem to hesltnto before anil an-il i swering. Have you any doubt?" 4 "I can't say." r$ "You realize that the defendant 5b 3 1 on trial for a matter that concerns fji ' labor unions and you have no opinion Q' about the majorltv of the officers be- wjS Af Ing lawless men?" jji. it "A great many are and. a great many j""" '. ire not." ' & ' "About half and half, then?" jj J "I couldn't draw the lino." cv f "If you thoucht a grent majority jS rou would sav so?" uj5 j "If my mind was made up," !jtf ? "Don't you know, Mr Nelson, "that ft you are prejudiced against officers of $ labor unions?" i "No, I should not say so." l j Labor Unions on Trial. yt i The prosecution objected to .tho line ft of questioning as assuming that the' Jftf ' venireman knew that the defendant jjtj was a member of organized labor and I that no ovidenqe or proof to that of- I I fcct naf ccn lntr0QUCCtl- 1 J "Do you deny that the defendant I ie?" asked Mr, Darrow pre 1 "Wo are not v,e testimony," an-yit an-yit i swered G, Ray Horton of counsel for jg 1 the state. r ' "Well, I want to stato In open b rpurt," said Mr. Darrow, qulotly, "that Iv thlG defendant Is a member of organ-It organ-It Ized labor." i "If you "were a member of organized w lalor,' continued Mr. Davis, "and you fiil " were a defendant, would you (eel that 5 - a J,,rymRn n h DOX suc ns 0,ir' 5 jl pelf, could give the defendant an lm- jj j partial trial?" K J "There is no evidence In the case J! V on the subject of unions, so far as I J5 can see' Jf .' "In other words, you have such nn ji opinion as It would take ovidencc to 5; 't remove?" gj? "Yes" 5J Mr. Nelson oilmitted that he had !& - read newspaper reports of the case. J 1 "Did you read O. E. McManlgol's I testimony before the grand jury as 5 ' published In the Los Angeles Exam- 2 ;! iner?" "ft ': "I don't think I ever have, but I ifl i hae heard of It." tj I "It Is upon tho statement that you iff ' have hoard that O. E, McManlgal gave, Jt i- i before the grand jury and commlt- BL i Ico appointed by the mayor to Invea- jalr tigate, and thQ Investigation you havo made yourself, that you form your opinion" Mr. Horton objected that the question ques-tion was too complex. TJiq court permitted the question to be answered. "I formed my opinion from what little I have seen and the opinions of tho general public ns to how the explosion ex-plosion happened." "Have you any opinion as- to the guilt or Innocence of the defenJant?" "I have " "How long have you had this opinion?" opin-ion?" "Four 10 six nlonths " Personally Investigated. The venireman added that ho .had by personal Investigation formed an opinion as to whether the explosion was caused by gas or dynamite. "We challenge the juror as beiiie. biased, suddenly said Mr. ba '-, and tho prosecution. resisted the challenge and began a cross-examination.' "Have you ever seou the defendant before or are you acquainted with him?" asked Mr. Horton for the state. "No." "Did you ever talk with anyone about the case who purported to be in agent for the defense?" "No." (Continued on Page Seven.) uu REJECT NELSON , (Continued FTOm Pago One.') j "Whcio were you on the night of the explosion?" "At my home." "You feel that, you havo an opinion founded on newspapor reports as to the guilt or innocence of the prisoner?" prison-er?" "Yes " "Is It a fixed opinion"" "It is until there' Is evidence to remove re-move it," "Which pnrty to this suit would hav to prove the giilt or innocence?" inno-cence?" "I -wouldn't convict on newspaper reports or on rumors," j Against the Defendant, j "In other words. If you were sworn . and no other facts Were introduced ' except as arc In your mind from no- toriety and rumor, would jou find the i prisoner not guilty?" j "I wouldn't want to." "HaAe you any bias, then?" ' I "Not personally ' "Would you give this defendant an impartial trial?" I "I believe I could " I "If you wore sworn as a Juror, would you, independent of your opin-i opin-i Ion nowj try the defendant impartially" impartial-ly" "I'd try to." "Your stato of mind is such that you would leslst the Introduction of evidence to remove jour opinion?" "Entertaining the opinion you have on organized labor In the United States, would that feeling bias you In an exort to reach a verdict in this case?" "To a certain extent ,lt would." "In what way?" "I can't say, exactly." "Are you in a state of mind that you could ignore your opinions?" "Yes." Hero Mr. Horton concluded his cross-examination and asked that the challenge be denied. Blown Up by Dynamite. Tho court began to intenogate Mr. Nelson to determine whethor he had nny bias. "On Wednesday of this week you were asked whether labor unions are proper or are a menace," said Judgo Bordwell, "and you said you had no objection to them as organized. Are you prejudiced against labor unions as finch?" "No," was the reply. ' "Have you any prejudice against the defendant as a man?", "No " "Hac j on any question that the Times building was destroyed by dynamite?" dy-namite?" intonposed Mr.- Davis for the defense. "No, if. is my opinion," was the answer. an-swer. "You have no doubt about it?" "No." . . "It would take strong evidence to. remoe your opinion?" "Yes." "That Is all," snapped Mr. Davis. "But your mind is open enough to receive ovidence against that'" asked Air Horton "Strong evidonco " |