The advocate and Topeka tribune., 1893-07-19

upon the evidence produced in court, and
whenever he was brought to this point, he
was then held to be a competent juror, and the
defendants were obliged to exhaust their
challenges on men who declared in open court
that they were prejudiced and believed the de-
PENDANTS to be guilty.
TWELVE MEN WHO TRIED THE CASE.
"The twelve jurors whom the defendants
were finally forced to accept, after their chal-
lenges were exhausted, were Of the same gem
erNl character as the others, and number OF
them stated candidly that they were so preju-
diced that they could not try the case fairly,
but each, when examined by the court, was
finally induced to say that he believed he
could try the case fairly upon the evidence
that was produced in court alone. For ex-
ample:
Theodore Denker, one Of the twelve Am
shipping clerk for Henry W. King & CO.
have read and talked about the Haymarket
tragedy, and have formed and expressed an
opinion as to the guilt or innocence Of the de-
PENDANTS Of the crime charged in the indict-
ment. l believe what read and heard, and
still entertain that opinion
O. Is that opinion such as to prevent you
from rendering an impartial verdict in the
case, sitting as juror under the testimony
and the law?
A. | think II Is.
"He was challenged for cause on ground Of
\ prejudice Then the states attorney and the
court examined him and finally got him to
say that he believed he could try the case
fairly upon the law and the evidence, and the
challenge was overruled. He was then asked
further questions by the defendants counsel
and said:
Ihave formed an opinion rs to the guilt Of
I the defendants and have expressed It, We
conversed about the matter in the business
house, and expressed my opinion there; ex-
pressed my opinion quite frequently. Ny
mind was made up from what read and did
not hesitate to speak about 1t.
@. Would you feel yourself any way gov
erned or bound in listening to the testimony
and determining 1t upon the pre-judgment OF
the case that you had expressed to others be-
A. Well, that is pretty hard question to
answer.
"He then stated to the court that he had not
expressed an opinion as to the truth Of re-
ports he had read, and finally stated that he
believed he could try the case fairly on the
evidence
JUROR GREINER's OPINIONS.
"John b. Greiner, another one Of the twelve
Am q clerk for the Northwestern railroad
have heard and read about the killing Of
Degan at the Haymarket on May last, and
have formed an opinion as to the guilt or In
nocence Of the defendants now on trial for
that crime. 1t Is evident that the defendants
are connected with that affair from their being
4 here.
o. You regard that as evidence?
A. Well, don't know exactly OF course, l
would expect that 1t connected them or they
i would not be here.
q. So, then, the opinion that you now have
has reference to the guilt or innocence OF some
Of these men, or all OF them?
A. Certainly.
o. NO,D, is that opinion one that lOOuld Influence
yOur Uerdict il yOu should be elected as juror to
1 tTy the cGseY
A. Icertainly think il 1OOuld affect Il to some GI-
Il tent: don't sec hOIO IL could be otherwise.
"He further stated that there had not been q
strike in the freight department Of the North
western road which affected the department
he was in. After some further examination,
he stated that he thought he could try the
case fairly on the evidence, and was then held
to be competent.
&c. w. Adams, also one OF the twelve:
Am travelling salesman; have been an en-
4 plOyer Of painters. | read and talked about
Il the Haymarket trouble, and formed an oPln-
| Ion as to the nature and character OF the crime
| committed there. | cOnversed frequently with
my friends about the matter.
q. Did yOu form an opinion at the time that The
defendants tOere connected With or responsible for
| the commission Of that crtmeF
A. Thought some Of them lCerG interested IN II,
| yes.
@. And yOu still think soG
| A. Yes.
q. Nothing has TaRspired Ia The internal 10
change your mind at all, suppose'
4. No, sir.
Q. You say some OF them; thet Is, IN the
newspaper accounts that you read, the names
| Of some Of the defendants were referred TOT
A, Yes, sir.
after further examination, he testified that
he thought he could try the case fairly on the
evidence.
4 HAD HAD AN OPINION,