The advocate and Topeka tribune., 1893-07-19
desire about the matter than that the actual
truth may be discovered?
A. l don't think am

AhVACupOh Inc CuAlIenB6 was OVerruleu.
"George N. Porter, grocer, testified that he
had formed and expressed an opinion as to the
guilt Of the defendants, and that this opinion,
he thought would bias his Judgment; he
would try to go by the evidence, but that what
he had read would have great deal to do
with his verdict; his mind, he said, was GER
tainly biased now, and that it would take a
great deal of evidence to change it. He was
challenged for cause by the defendants; was
then examined by the court and said:
al think what have heard and read before
l came into court would have some influence
with me- but the court finally got him to say
he could fairly and impartially try the case
and render a verdict according to law and evil
dence, and that he would try to do So There
upon the court overruled the challenge for
cause. Then he was asked some more ques-
tiOns by the defendants counsel, and among
other things said:
Why, we have talked about it there q great
many times, and have always expressed my
opinion. IbelieUe lOhGt haze read in the pa
perS; betteve that the parties are guilty. IlCOuld
try to 90 by the eUideace bRt iR this case IL lCOuld
De GWJut hard lcOrk for me to do it,
"He was challenged second time on the
ground of being prejudiced was then again
taken in hand by the court and examined at
length, and finally again said he believed he
could try the case fairly on the evidence, when
the challenge for cause was overruled for the
second time.
FRIEND OF INJURED POLICEMEN.
al. N Smith, hardware merchant, stated
among other things that he was prejudiced
and had quite decided opinion as to the guilt
or innocence of the defendants that he had
expressed his opinion and still entertained it,
and candidly stated he was afraid he would
listen little more attentiVely to the testi-
mOny on the other side; that some Of the pO-
licemen injured were personal friends Of his.
He was asked these questions:
O. That is, you would be willing to have
your opinion strengthened and hate very
much to have 1t dissolved?
A. / would.
O. Under these circumstances do yOW think that
yOW could render a fair and impartial Uerdict?
4. / don't think / could.
Q. You think yOu 1OOuld be prejUdiCed9
A. I think Mould be- because my feelings are
very bitter.
O. Would yOur prejudice IN any lOay influence
you IN coming at an opinion, IN drriUing at ver-
A. Think it 'Could.
"He was challenged on the ground of being
prejudiced; was interrogated at length by the
court, and was brought to say he believed that
he could try the case fairly on the evidence
produced in court. Then the challenge was
overruled.
Leonard Gould, wholesale grocer, was ex-
amined at length; said he had a decided pref
udice against the defendants. Among other
things he said Il really don't know that I
could do the case justice; if 1 was to sit ON the
case l should just give my undivided attention
to the evidence and calculate to be governed
by that He was challenged for cause and the
challenge overruled. He was then asked the
question over again, whether he could render
an impartial verdict based upon the evidence
alone that would be produced in court, and
answered Well, answered that as far as l
could answer it,
@. You say you don't know that you can an
swer that either yes or no?
A. No, don't know that can.
BADGERED BY THE COURT.
"Thereupon the court proceeded to examine
him, endeavoring to get him to state that he
believed he could try the case fairly upon the
evidence that was produced in court, part Of
the examination being as follows:
@. Now, do you believe that you can-that
you have sufficiently reflected upon it-sO as to
examine your own mind, that you can fairly
and impartially determine the guilt or innO-
cence OF the defendants?
A. That is q difficult question for me to an
swer.
o. Well make up your mind as to whether
you can render, fairly and impartially render,
verdict in accordance with the law and the
evidence. Most men in business possibly have
not gone through a metaphysical examination
so as to be prepared to answer question OF
this kind.
A. Judge, don't believe can answer that
question.
Q. Can you answer whether you believe you
know?
A. II 1 had to do that, should do the best
L nnnlH