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Show RflQnUIFI I Will Lfmit the Examination Examin-ation of Veniremen in M'Namara Case Los Angeles, Cal., Oct 11. Before a half empty courtroom, Assistant District Attorney G. Ray Horton for the state today resumed his arguments argu-ments In the murder trial of James B. MoNamara. to show that talesman Z. T. Nelson was sufficiently unbiased un-biased to sit on the jury which is to decide whether the defendant caused the death of Charles J. Haggorty In the Los Angeles Times explosion and fire. The Jury, which had been sent out of court at the beginning of court yesterday, was still held outside the courtroom. Dosplte this villgant watch was kept and two or three men seen reading newspapers were ordered order-ed to put them away. Attorney Horton's argument to Judge Walter Bordwcll, who must decide de-cide the question, was that, while .n the nature of things, Nelson could not eliminate his opinions, the California law did not expect nor require him to do so but onlv to set them aside to an extent sufficient to glvo an impartial im-partial vcrdlcL The dofense made no secret of its firm determination to get rid of Nelson Nel-son without using oue of lis precious twenty peremptory challenges. Attorney Lccompte Davis for the defense said today he believed it would be impossible to get a fair Jury In Los Angeles county despite the great Interest awakened by the Times disaster. "Many people who have studied the case are still open to conviction." he said. The court was assured by counsel that arguments could be concluded by noon. Former Judge Cyrus McNutt of Tcrre Haute, Ind.; "completed tho argument ar-gument for the dofense. ; Judge Bordwell's decision Is expected expect-ed Monday. Los Angeles, Cal., Ocl 14. Further argument as to whether Z. T. Nelson should be sworn as a juror In the trial of James B McNamara, indicted for the murder of Charles Haggorty, a victim, -of" the Times explosionfoccu-pied explosionfoccu-pied a brief session of court today. From behind a battery of ten-colored law books, attorneys for the prosecution prosecu-tion and defense wrangled- as to Nel- son's eligibility, delving deop Into the realms of precedent casos on the bias of Talesmen. On Monday, Judge Walter Bordwoll will render a decision as to whether or not bias or prejudice Is contained In Nelson's admission on the stand that ho had formed certain opinions concerning the blowing 'up of the Times building which caused the death of a score of men and upon which the indictments for murder against James B. McNamara and his brother, John J. are baaed. Attorney G av Horton concluded the arguments of the Btate that Nelson, Nel-son, though admitting he held opln Ions about the case, had shown his Impartiality Im-partiality by announcing that he would waive these opinions In lieu of the evidence introduced. Attorney Cyrus McNutt, of Indiana, finished tho discussion dis-cussion for the defense, citing numerous numer-ous cases where preconceived Impressions Impres-sions admitted by a talesman had been regarded by the courts as sufficient suffi-cient to disqualify him. "Anyone can see that Nelson is prejudiced against McNamara," remarked re-marked Clarence S Darrow, chief counsel for the defendant, "and he has his own theories, too, by personal Investigation, that tho Times building was blown up by dynamite." The defense conslJcrs the question of the cause of the explosion a mooted point and will argue that It was due to gas "Nelson has suld he would set aside his own opinions and" receive the evidence evi-dence impartially." was the expressed attitude of District Attorney Fro'Io.-icks. Fro'Io.-icks. "I don't see how we ever will get an Intelligent Jury If we bar over.-one over.-one who has somo opinion on the case." Tho defense in this connection cited tho answer of Nelson that it would take "strong evidence" to change hi opinion concerning the explosion as sufficient proof of bias. It wan intimated by Mr. Darrow bo-fore bo-fore court opened today that should the court disallow the challenge for cause against Nelson, a peremptory rhallonge at any rote would be exercised exer-cised against him by tho dofense. With keen intcresL the ruling of tho court will be awaited, and It was said today that an elaborate opinion from 'Judge' Bordwell would be forthcoming forth-coming on Monday, The weight o? the opinion. It is considered, will lo foil throughout tho preliminary stagns of the trial In the emuanollng of n jury. Ft Is expected to define how far newspaper renorts or preconceived notions no-tions ns to the tnanner In which tho building was dostroyei formed by personal per-sonal observation or gossip In tho town may nrMui'lo f lurn-. Judge Bordwell, thouph not required re-quired to explain his derision, tho categorical announcement of acceptance accept-ance or rejection of the tnleBman being be-ing regarded ns sufficient, It is predicted, pre-dicted, will set forth at length the limitations lim-itations which counsel can roach in future interrogation of talosmon. The range that mav bo traversed by the attorneys at-torneys In seeking to Icaru a talesman's tales-man's views on labor warfare also is likely to bo settled by the ruling ol Judge Bordwell, "I Intend to study the transcript of Nelson's answers very carefully.'' said Judge Bordwcll enrlv today, "nnd will announce my decision on Monday." Will Bo a Lonq Trial. Few people .wcro In tho court room ' today, the auiomobjlu raco at Santa Monica attracting tho curious. . As a matter of fact, however, the audience in the chamber has been comparatively comparative-ly sparse since the trial began. Yesterday Yes-terday afternoon while counsel argued thcro were many vacant seats In the room. The great length to which the case Ib expected to drag Is though to be Influencing the ,public to await more interesting moments of the trial. ' It generally Is expected here that It will be several months be.foro the trial is endd Both James B. McNamara and hlB brother John J , secretary of tho International In-ternational Association of Bridge and Structural Iron Workers, who arc confined con-fined in the county jail, have pro-pared pro-pared for a long siege. James B., who at present Is being tried, is looked upon enviously by' his older brother, whose chance for a dally airing on tho way to and from the court room wtjl not come for somo time, as Ills trial Is not likely to begin, for many months. , .' "Ortio McManigalgeLs out auto riding. rid-ing. In fact, 'Joy riding,' nearly every day," protested John J., in his cell today. "Why is that?" he was asked. "He j is supposed to be going to conference I with the district attorney, but I nndor- (Continued on Page Eight.) nr H ' Bo 'dwell Decision H (Continued From Pago One.) H stand they take htm around tbo parks H and boulevards too." H Tho brothers lire on tho second H floor of tho Jail In separate cells across H a narrow corridor that bisects a H sleol cage enclosing four cells. Be- H sides tho McNamara brothers, a man Hl charged -with wife mburder occupies H a third cell, while the fourth is va- H cant. Barred -windows faco.the street. Hl and the Hall of Records where the Hl inai is oelng conducted. Hj The twelve talesmen who arc being H examined also are getting a taste of H confinement. They went to break- L fast, however, today In a big slght-see- Hp ing automobile, the only conveyance 1 available in which they could be kept H together as required. H Several Hundred Witnesses. H Extensive preparations nro being H made for the bringing of several hun- Hr dred witnesses to Los Angeles. Both HJ sides have informed those whom they H wish to testify, that at least a weok's H notice will be given each before they H are called. Some who lived In Los 1 Angeles at the time of the explosion H have scattered to various parts of the H country. Many witnesses are ox- B peeled to be brought from Indiana, as H well as other sections, to testify to H the character of the McNamaras. 1 "We are not going to call for wit- Hl nesses for some time yet,'' said Mr. H Darrow, chief counsel for tho defense, H today. ,:It costs a lot of money to H. i Set them here and. we are not going Hr to call a man until wo are 6ure of J tho time we need him, as keeping tho Hf witnesses here also will be a consid- Hs erable item Of course we expect de- Hft lays in getting some witnesses, but Hf l think the court will be indulgent H with us on that point, as it likewise H will be in tho matter of witnesses for H the 6tato from distant points." H Nearly 500 witnesses, it is estlmat- H ' ed, will be sworn during the trial. H More than 200 were examined by tho i 1 grand jury which brought in the in- H dictments and the defense alone ex- H pects' to produce about 250. Hl May Not Get a Jury 9 H Many lawyers about the courtroom H early today were discussing the like- Hl j lihood of obtaining a jury at all. 1 Should Nelson be disqualified, it was H j pointed out that it would be well-nigh H impossible to get a dozen men out H I of the 1.S00 on the list from the Hr A court vflio already had not formed Hl h some opinion or other on the case. B n Should it develop after a period of Hl S time, they said, that tho panel rapid- H 3 ly was "being exhausted, it would be 1 surprising if the defense asked for a H change of venue on th0 ground that H , nobody could bo found in Los An- Hj prejudice on the case because of Its H notoriety in this section. H Th0 "silent barber" needed to H shave, the talesmen was found today 1 5 In the person of George W. Yarrow. Hl Accompanied by a red plush barber 1 , chair, he was taken to the jury exer- 1 I else room, and after being duly sworn 1 to reveal nothing that he might learn, 1 was allowed to go to work at the Hl noon recess of court. H0 said ho 1 . could shave all twelve talesmen in 1 that time without talking to anv of H them. From now on, that will he a H part of his daily work. H i Today, for the first time, Sheriff Hl Winiam A. Hammel assigned. to depu- H ties Uio task of escorting tho prisoner 1 from jail to tho courtroom. Instead iof doing It himself. Half an noun lefore court convened four stalwart deputies appeared casually cas-ually in front of tho jail and stood Idly looking across tho street F A moment later the Iron Jail door 1 j opened and two more deputies appear- H ; ed with MdNnmara walking between H !j! Um unahackled. At tho Hall of H : 1 Records, whore horotofore a special H I elevator has been Bet aside, this pre- H caution was dropped and tho prisoner H : 3 and his guards rode to the eighth floor In a cage carrying a number of other passengers. Court convened at 10:05 o'clock. -V few minutes' delay was occasioned by the absenco of Attorney G Ray Hor-ton Hor-ton of counsel for the state, but ho soon arrived with several ponderous volumes under his arm. |