The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-02-25

Third: /. A. Cary was summoned OF
a special venire in the Ledbeter case
land upon being called and sworn t.
make true answers as TO his qualified
tions to sit as a juror, the following
proceedings were had:
State We. Grace Ledbeter.
Examination of parties to sit az
jurors, December 20, 1909.
i. A. Cary, called and sworn to make
true answers as to his qualifications
to sit as a juror in this case.
No challenge by defendant.
Challenged by the state for implied
bias.
Challenge denied by the defendant.
| w. II. Geddes. Q. If you should
sit as a juror in this case, and il
should turn out that the evidence in
this case is largely or wholly cireum-
istantial, would that have, that fact
have any influence-or have you any
scruples against the infection Of the
death penalty, in case of conviction?
A. No, sir.
Challenge withdrawn.
Challenged for actual bias by the
Estate.
Denied by the defendant.
/! Mr.. Geddes. Would what You have
heard or read and any discussions you
may have had with othrc parties, did
you ever form any opinion or belief as
to the guilt or innocence of this de-
PENDANT?
A. No, absolutely none, no, sir.
Q. Have You ever had some impress
sion or opinion in regard to it?
A. A person can't read things with
out forming some kind of an i'm
!pression.
Q. You did form some opinion?
A. Anyone that reads anything I'M
derstandingly must form some kind OF
an opinion from it, certainly.
| @. You remember what you did
read?
A. Yes.
Q. Did that cause you TO form some
Iopinion as TO the guilt or innocence
lof this defendant?
/ A. Not an absolute one.
Q. Did You acquire some belief, an
)opinion, or an idea about it. from
what You read?
A. Yes, some.
Q. Have you that idea yet?
A. ! don't know but / have.
| Q. Would it require some evidence
in court, if you were sworn az j,r--
or to clear your mind of that belief, OF
opinion that You say you have?
A. Why, ! don't think it would
take very much because my opinion
is not very strong.
Q. Well, would it take some, Mr.
!Cary?
A. Why, if some corroborative facts
produced it would be all right.
don't know. l have not formed an alb
sOlute opinion in that regard. / have
formed 4 newspaper opinion you might
lsay.
Q. Well. would evidence in court re-
move that opinion and impression from
lyour mind?
A. / think so.
O. And if you are called into the
box as a juryman, and listen to the
evidence, if you do hear evidence
enough to convince You that You are
wrong, would you then change your
mind, or your belief?
A. Why, certainly I would.
@. And if the evidence you should
hear in court should not be strong
enough to convince you that your first
Impression was wrong, would You carry
that impression or opinion clear through
the case with you?
A. / don't quite understand.
| Q. If the evidence in court was not
sufficiently strong enough in your judg-
ment to convince You that your i'm
pression that you say You have, or
that your opinion was wrong, would
You still carry that opinion.
A.. As / understand such things, any
one that sits as a juror is sworn to
stand by the evidence that way, they
are not supposed to stand by hearsay
or something they have heard before.
A. ] certainly would do that.
Q. Well, you said you had some
Iopinion.
A. Yes, I said | had some opinion.
Q. But that that could be removed
from your mind by evidence in court
A. Yes.
| Q. Now 7 ask you. if the evidence
should not be sufficient to convince you
that that opinion is wrong, would yor
still hold to that opinion?
| A. Why, you must stand by on
opinion or the other.
| Q. Well, would You hold to tn
opinion you say you have?
! A. If the opinion I have IS wrong
would stand by the opinion that il
held out to me, if the opinion ] hac
was right / would have to stand by
that. There is no two opinions for /;
man to have, is there?
Q. If the evidence in court didn'
satisfy YOU that your opinion wa
wrong, you would stand by it, would
you?
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