Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-10-14
"But your mind is open enough to re-
,eive evidence against that?" asked Mr..

Horton.
"Strong evidence
| Judge Bordwell then admonished other
! veniremen In the room not to read pa
pers nor to converse about the case
among themselves. Those in the jury
box as well as the veniremen then We're
asked by the court to leave the cham
Der until O'Clock, when the examina-
+, ton was continued
Nelson has prejudice first against
labor unions" said Mr.. Darrow, then he
has fixed opinion in the case which
could not be removed except by strong
evidence"
The prisoner sat unconcerned through
the argument. yawning frequently ana
glancing about him at the audience in
the court ROOM
This is the first juror" began Dis
triet Attorney Gredericks. land l doubt
whether we will ever get a Juror WHO
has not formed some opinion on this
case"
He then cited California cases in
which challenges were not allowed
where the Jurors had declared they had
formed an opinion. A battle of pre-
eedent cases between the attorneys en-
would welcome extensive argument on
the subject
Mr.. Darrow said that case of bias
instanced IN the state supreme court
decision was weak as dishwater" COM
pared with. the attitude of Nenirman
Nelson. Court took a recess.
When court reconveped at 2.l0 o'clock
Judge Bordwell announced that the
n la
morning.
Mr.. barrow. for the defence re-
sumed reading of cases wherein tales
men admitted that it would take more
or less evidence TO change opinions al
ready formed
But outside of statute or decision"
argued Mr.. Darrow during the read
ing, the defendant has constitution
al right to an impartial jury and the
defendants should be given the benefits
of any doubt.
IF anything can be said for this
Juror. after the utterances of the va
~ious courts, we would be interested
TO hear it," continued Mr.. Darrow,
and never before have | seen. Your
Honor, an officer of the state, such az
Nelson, who admitted he had a pre-
take strong evidence to remove, be ac-
ceptea.
That the defence would consider the
acceptance of Nelson ample ground for
appeal was indicated frankly by Dar-
row.
"A fair trial cannot be had where
an unbiased jury cannot be had" he
said.
This is a case he concluded. "of
the aaavest possible importance to
this defendant and a case where every
person far and near knows there has
been prejudice. feeling and notoriety
such as never has been known In a
criminal case before and peculiarly
calls for every protection afforded by
the law"
Gray Horton took up the argument
for the state.
1t is double sided proposition he
said, that an impartial jury be se-
iected. II is just as important that
he people get square deal as II Is
that the defendant obtain n fair
trial"
Yes, agree with counsel for the
defence" continued Mr.. Horton. 1T !
is case that has attracted the at
tention of the world and for that very
reason how would 1t be possible ever
to get an intelligent jury who had not
read of it before? We would get a
jury of ignoramuses were ii not that |
the statute says that public rumer or |
newspaper reports should not dis
qualify juror.
But the issue here is simple one.
1t is not case of whether the Times |
was blown up by dynamite or by gas,
whether the defendant is member of |
a labor union or not. but simply the |
murder of one Charles Haggerty on
Oct. 1. 1910. There is no collateral is |
sue now"
Mr. Horton read unanimously from
similar cases, touching upon the |
qualifications of the talesmen. AT Asa |
o'clock p. NJ. court was adjourned un
til tomorrow.
Justice Bordwell ELECTED from coun-
sci that two-hour session then would |
suffice to complete the argument.
It had not been decided to hold the |
court tomorrow. but the state called
attention to the fact that talesmen
we're being kept in confinement and
that every effort should be made to
expedite the release of those who /
eventually We're not to qualify as
jurors.