Los Angeles herald., 1908-03-14
VENIREMEN
ARE UNABLE
TO QUALIFY
TOO MANY LEAN TOWARD
SOCIALISM
WOMAN SPEAKER FIRST TO FACE
PROSECUTION
Fight for "Free Speech" Begun in JUS
tlce Chambers Court-Tweive
Men Finally Secured
to Try Her

Mrs. Cora J. Decker, the first Social
ist arrested for speaking on the streets
without the permit of Mayor Harper,
was placed on trial before Justice
Chambers yesterday.
The days session was almost entirely
occupied with the selection of jury.
and not until nearly O'Clock was the
Jury box filled. Sergeant Long, one of
the officers who arrested Mrs. Decker,
and two other minor witnesses were
then examined, when adjournment was
taken until this morning.
The trial was somewhat dragging,
owing to the usual red-tape examina-
tions of veniremen, but was enlivened
by many facetious and interesting In
cidents.
owing to the evident trend of a great
majority of the veniremen toward So
cialism 1t looked at first as though
jury would not be impaneled for sew
eral days. In the course of question
ing, sooner or later, 1t evolved that
nearly all but twelve of the 100 men
examined for the panel were disquali-
fled by reason of their belief in the So
called constitutional rights of free
speech. or by being Socialists or social
istically inclined.
In two instances, Justice Chambers
denied challenges based on the adn11s-
sion of veniremen that they were preJu-
diced against Socialism. Attorney
Spring. who with Attorneys Miley,
Downing and Williams represent the
defendant, challenged D. s. Hailiday
and r. II. Sloan because of their pre1u-
dice to the doctrine. Halliday said he
thought any one who believed in So
cialism was unbalanced mentally. Not
withstanding Justice Chambers held
that the question of what the speaker
was talking about (Socialisn) did not
come before the court, but that the
case "was based on whether they spoke
without permit"
These jurors, however, were peremp-
torily challenged by Attorney Downing.
In several instances the point was
raised as to whether or not the venire-
man, if made juror in the case, would
"obey the instructions Of the court and
render a verdict according to the law
as explained to him by the court" but
n number of the veniremen were con-
fused on this point. The question OF the
validity of the speech prohibiting ordi-
nance. and not the actual "letter of the
law" seemed to be uppermost in their
minds.
Would Ignore Instructions
In one instance a venireman said he
would not obey the instructions of the
court"
"Do you mean," asked Justice Cham
bers, .that you would disobey my IN
structions?"
II might disregard them," the man
replied. ''unless I believed them in ac-
cordance with the law"
This seemed to satisfy the court, but
in the next reply the venireman stated
that "the law should be constitutional,
and added that he "could not conscien-
tiously conform to an ordinance which
he considered invalid and unjust.
He was quickly excused.
Another venireman subsequently
stated that he would not render YER
diet in accordance with an unconstltu-
tional law, and the court and lawyers
were unable to impress upon him the
fact that the validity of the law was
not an issue.
almost UP to the point of being ac-
cepted. He had formed no previous
opinion. had read very little about the
case in the papers, and in every man
ner seemed perfectly suitable to both
sides. when he was asked If he had any
prejudice against Socialism.
NO" he replied, ST am a Socialist"
1t required but few moments to get
him out of the jury box.
Incidentally during the questioning
process. which in every instance touched
upon the matter of opinions "moided
by the press" the newspapers came in
for facetious "roasts."
With these sallies greater part OF
the afternoon session was taken up.
The prosecution insisted the case be
tried exclusively on the ordinance, re-
gardless of it's validity or invalidity.
and that the charge embraced only that
of speaking on public street without
q permit To all attempts to show that
the speaker had been peaceable, and
that no violence had marked the meet
ine the objection of "irrelevancy" was
lead