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


ponderance Of evidence to remove It; 1t would
require the preponderance Of evidence TO re-
move the opinion I now possess feel ike
every other good citizen does. l feel that
these men are guilty; we don't know which !;
we have formed this opinion by general re-
ports from the newspapers Now, with that
feeling, it would take some very positive evil
dence to make me think these men we're not
guilty, if l should acquit them; that Is what
mean. / should act entirely upon the testl-
mony; l would do as near as the main evil
dence would permit me to do. Probably
would take the testimony alone.
Q. But you say that it would take positive
evidence Of their innocence before you could
consent to return them not guilty?
A. Yes, should want some strong evidence.
Q. Well, II that strong evidence OF their IN
nocence was not introduced, then you want to
convict them, Of course?
A. Certainly.
"He was then challenged on the ground OF
being prejudiced, when the judge proceeded
to interrogate him and finally got him to say
that he believed he could try the case fairly
on the evidence alone; then the challenge was
overruled.
COURT AND JURORS.
~. R. Adams, importer, testified that he was
prejudiced; had formed and expressed opin-
ions and still held them. He was challenged
on this ground, when the court proceeded to
examine him at length and finally asked him
this question:
Do you believe that your convictions as to
what the evidence proved, or failed to prove,
will be at all affected by what anybody at all
said or wrote about that matter before?
A. believe they would.
"The court, in the hearing Of otherjurors not
yet examined, exclaimed: 1t Is incompre-
hensible to me- This juror was excused.
"B. L. Ames, dealer in hats and caps, stated
that he was prejudiced had formed and ex-
pressed opinions; still held them. He was
challenged ON these grounds. Then the court
examined him at length; tried to force him to
say that he could try the case fairly without
regard to his prejudice, but he persisted in
saying in answer to the courts questions that
he did not believe that he could sit as juror,
listen to the evidence and from that alone
make up his mind as to the guilt or innocence
of the defendants, ThereupOn the court, in
the presence Of other jurors not yet examined,
lectured him as follows:
Why nOR What is to prevent yOur listening 10
1 the Evidence and acting alone upon tF Why can't
yOa listen to the eridence and make mp yO1T mind
| on iP
"But the juror still insisted that he could
not do it, and was discharged.
I'll. d. Bogardus, -four merchant, stated that
he had read and talked about the Haymarket
trouble had formed and expressed an opin-
ion still held 1t as to the guilt or innocence
Of the defendants that he was prejudiced ;
that this prejudice would certainly influence
his verdict II selected as a juror. Il don't be-
lieUe hat could give them a fair trial upon the
proof, for it lCOuld require uery strong proof to
overcome my prejudice. / hardly think that yOu
could bring proof enough to change my opinion
He was challenged on the ground Of prejudice.
"Then the court took him in hand, and after
lengthy examination got him to say: 1
think 1 can fairly and impartially render q
verdict in this case in accordance with the
law and the evidence.
"Then the challenge was overruled.
REMARK IN UNExAMINED JURORS PRESENCE.
Counsel for defendants then asked the
juror further questions and he replied:
! say 1t would require pretty strong testi-
mOny TO overcome my opinion at the present
1 time; still, think could act Independent OF
my opinion. | would stand by my opinion,
however, and | think the preponderance OF
proof would have to be strong to change my
| opinion. | think the defendants are resp0n-
sible for what occurred at the Haymarket
meeting The prepOnderance Of evidence
would have to be in favor OF the defendants
innocence with me-
"Then the challenge for cause was renewed,
when the court remarked, in the presence OF
jurors yet examined: Every fairly intell-
gent and honest man when he comes to in
vestigste the question originally for himself,
upon authentic sources Conformation will, in
fact, make his opinion from the authentic
source, instead Of hearsay that he heard be-
FORE
"The court then proceeded to again examine
the juror, and as the juror persisted in saying
that he did not believe he could give the de-
PENDANTS a fair trial, was finally discharged.