Show rIGHT IGHT BEGUN OVER SELECTION OF JURY in McNamara mara Tr Trial al Challenged by Defense Defense De De- De- De 1 for Cause Continued From Page One throughout tomorrows tomorrow's ses on began beg Chief Chiet Counsel Clarence Darrow Darro read readi t t. i length various decisions of ot tho the Cal Cal- ornia supreme court touching on the tho at issue lIe He declared that the case rested on the question ot of challenges and Insisted at if the tho defense must use its per per- challenges to eliminate biased d prejudiced Jurors he lie might as Oil take talo a chance chanco of oC selecting the first twelve names on tho the list of iii remon Referring Referring- to section 1076 of ot tho the Cal Cal- ornia penal code which provides that opinion formed from reading news news- per accounts and one which does ot ot of preclude the prospective jurors om rendering a R fair fait and unbiased Is 15 not sufficient ground for Attorney Darrow id Id No section of tho the code and antI no leg leg- enactment can call change the con- con rights of oC tho the defendant He entitled to impartial jurors who will dissect tho the evidence and not men who wish to to participate in n a meeting All AU we ask Is that 0 o court give Defendant McNamara Ic amara 1 I his rights It cannot be left to th the of ot a juror if he is par par- Jal al Most men believe they arc are fair fall nd most men are not And it Is fair fait r the court and not the juror to de- de ermine whether her lter the Juror is impartial r is in re reality lity biased I never ne bere bo bore be- be ore re in my mp long IonS career saw an officer t the state trying to take tale a Juror ho admits he ho holds an opinion of or long IonS anding r Horton Presents VIe r. an h replying to Attorney Darrow Atney At- At ney G. G Ra Ray Horton chief chic trial dep- dep y for tor the state declared that section 76 of the tho California penal code was in order that Intelligent men uld be secured for tor Jury service service I If the reading of ot newspaper ac- ac I unta of ot crime and the opinion thus is rc regarded as sufficient cause causer cause causer r disqualification of OW w. w he asked would it lt be possible secure secure anything but ignoramuses Corry for Cor forry 1 ry y duty The ver very principle of thew the tho thew w tv is b to enable tho court to pass upon e B state of mind of oC prospective Jurors d decide the question of bias and Better have intelligent men pho ho read tho the papers papel's pass upon a case caso cao ban an give it over to ignorant h men Regarding the questions asked Nel- Nel n by bp the tho defense regarding the state mind concerning concerning- labor Jabor organizations I Attorney Horton said the court had no right to consider whether the tho venire- venire man held other opinions concerning the case that case that ho could only judge the prospective Juror by his feeling toward the defendant Nelson had previously testified that he ha had formed an opinion as to the guilt of ot the defendant but that this opinion could be chan changed ed It If sufficiently strong evidence wore pro pro- Attorney Horton cited numerous de decisions decisions decisions de- de of ot the supreme j holding that an opinion formed by reading newspaper accounts was not sufficient ground for tor disqualification were excluded from the courtroom during the argument of oC attorneys at at- at tornes Judge Bordwell Instructed those who had not been sworn In to re return return return re- re turn Monday lie lIo cautioned them about discussing the case and admonished them not to read newspaper accounts of oC It The today toda made a a peremptory demand on Judge Bordwell Tor for a a. barber to look after aCter their tonsorIal tonsorial ton- ton wants The Judge has taken the matter under advisement It Is expected arguments In the case of Nelson will be concluded at tho morning session tomorrow and that court will then adjourn until Mon Mon- I day Grand Jur Jury DI At the close of oC the morning session of tho the trial the grand Jury convened nearly a year car a ago O and In continuous session since that time made Its final report and was discharged This is the tho thoury jury jUr ury which returned all the Indictments and conducted tho the Investigation following follow follow- InS InS' ng the tho Los Angeles Angel s Times building explosion October 1 1910 It was vas convened convened convened con con- October 22 1910 1310 |