| Show COURT EXAMINES I DOUBTFUL JURORS Judge Bordwell Avoids Deciding Deciding Deciding ing Issue Raised by Defense in McNamara Trial THREE MEN ARE IN BOX Capital Punishment States State's Stumbling Block Owing to Conscientious Con Oon- Conscientious Scruples D By International Now News Service Los Angeles Oct 20 Judge O-Judge Judge Walter WaIter N fc N. N Bordwell this afternoon cleverly erl avoided handing down a decision In Inthe Inthe inthe the cas cases of ot opinionated Jurors In the trial of oC James McNamara lamara B. B b by calling n un under er challenge challon e to stand for or further examination The Th court made this tactical move when whon both the pro prosecution cutton and defense defonso had completed I examination of the tho twelve men In the Jury box and further business could not bo bl transacted trl until some action was taken The question at Issue was whether a who had formed an opinion either as an to the cause causa of ot tho the destruction tion lion of ot the Times building or tho guilt of oC the defendant from reading the newspapers or from public rumor or common gossip was eligible for tor Jury service The Tho prosecution contended that under section 1076 of oC tho the California Califor Califor- Call California nia nil penal code an nn opinion thus formed was not sufficient cause caUS for disqualification disqualification providing tho the state of ot mind of or the thc pro prospective fI j juror was such Ruch that ho could lay aside this opinion and be governed Co by the evidence e In the case That Judge Bordwell way was not prepared prepared prepared pre pre- pared to decide the Important point became evident late In tho the afternoon wh when hAn n he called Otto J. J A. A Jessen a landscape gardener gardoner to the stand Jessen Jessen Jessen Jes- Jes sen had been challenged challen ed by b the de defense defonse deonce de- de fonse once when hen he declared ho entertained a strong bias and prejudice against labor unions and that ho he had a fixed opinion as to the tho cause of or the th Times explosion Under the tho skillful questioning of or the tile court Jessen en admitted ho could not give c McNamara a fair tall and Impartial trial and on this admission he ho was was was' discharged from fu further service George Geor-c W. W McKee also under und challenge challenge challenge chal chal- lenge h by the defense was called next The court had some difficulty in drawing drawIng draw draw- Ing In- him Into a direct admission He Ho Hes was s still on the tho stand when court ad adjourned adjourned adjourned ad- ad until Monday The caso case of ofA A A. A R. R McIntosh under challenge by b the state will be heard beard next When hon court adjourned tonight Robert Robert Robert Rob Rob- ert F F. Bain sixty five a a. carpenter of oC J Los Angeles Seaborn H. H Manning six six- ty three a farmer of oC Imperial valley valle and F F. D D D. Green fifty a fruit grower of or Pomona had been passed by both sides Fides All three will pro probably be bo victims victims victims vic vic- tims of or peremptory challen challenges es Capital Capital Capital Capi Capi- tal punishment proved the states staten bugaboo bug bug- today as nearly every examined expressed cons conscientious scruples a against It It H. H H C C. Osborne of oC New York a n handwriting handwriting hand hand- writing expert has been employed by bythe bythe the hc district attorney to give sive testimony In n tho the McNamara Ic case caRe Osborne has hRS been here hore several days making signature signature signa signa- ture comparisons and claims the handwriting handwriting hand hand- writing of or James Tames B B. B McNamara Is identical identical iden iden- with that of oC J. J B B. Bryce who figured fig fig- In n the tho purchase of oC explosives es prior to the Times disaster Osborne became an authority during the Molineaux case see It was AS learned tOlla today that Hotel Clerk Diekelman who identified James JamesB B B. McNamara Ic amara after his arrest as a aman aman aman man who registered at the New Baltimore Baltimore Baltimore Balti Balti- more hotel tho the day prior to the Times explosion and five n other state witnesses witnesses witnesses wit wit- nesses are arc ar being held by tie the prosecution prosecution prosecution tion at Avalon on Catalina island Another piece of oC evidence e arrived hero here today from San Francisco in the shape hape of oC a package e of ot laundry left at atthe atthe atthe the Metropolitan barber barter shop b by J. J B B. Bryce Proprietor Bodiker of or the Metropolitan Metropolitan Metropolitan Metro Metro- politan w was s brought Into the courtroom court courtroom room oom earlier In the week and Identified McNamara as the man who who had appeared appeared ap ap- at his hits shop about September 6 26 1010 |
