Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1911-11-16
Judge Bordweu
Shocks Defense
CONTINUED FRoM 1sr PAGE.

glSo 4Atu ItlC St1oC5 Uue tAC W<Ao AOASGA
to sit and listen to voTley Of most
insulting questions.
you, read the Social-D Democrat and
the Appeal to Reason, don't you?
suppose you are against the govern
ment ?"
The old mans hand strayed up to a
bronze button on his coat and tears
Welled in his eyes. Then he straight
ened up as memories rushed over him.
In thunderous tones that made the lit
tie lawyer shrink into his seat:
YOU! YOU ASK ME- THAT!
ME- WHO FOUGHT TO SAVE THIS
GOVERNMENT! NO, AM NOT
AGAINST THE GOVERNMENTS"
The sneer came back to the face of
the little lawyer and he started in
again:
But, because you hold the views
you do about capital and labor, you
incline to the gas theory, don't you?"
Attorney Davis for the defense
sprang to his feet lvid with rage as
he exclaimed:
Il object to any further examina-
ton of this kind. It is of a positively
insulting nature and designed to
uulAlIl1oCO C1AS OAA man.
A wordy war between Davis and the
court ensued and finally Bordwell or
dered the, Mcnamara attorney to sit
Finally Horton challenged the juror,
and barrow arose to resist. He said:
IF the court please, would like to
say few words in reply to my young
friend here, who seems to catch at
any straw he can to get rid of a man
because he has not strong bias on
his side. Old men are. not the only
garrulous ones, as has appeared amply
| in this court. Lots of people talk too
much, and too often and too long, and
ask too many questions. Neither will
| the green old age of 20 look so green
or SO old to my young friend in few
| years, it is possible a few years added
| to his life will tend to balance him up
and make him not quite so blood
| thirsty in this(case.
| CHOW, your honor, anything that
has been said or offered in this case
is trifling in the extreme. Is there
/ Juror in the box who is better quail
fed under the law than this juror?
/ Not one. The court is asked to ex-
cuse this man so that, forsOoth there
shall be nobody in the box upon whom
/ they shall have to exercise a per-
/ emptory challenge. We have at least
| one Juror in the box against our pro-
| test who has reached the age of u.
1--WE have large number of them
who have expressed the strongest and
/ most decided opinion and are still sit
! ting there awaiting the peremptory
| challenge Of the defense as far as
those challenges may go. And in
i every instance, no matter how strong
| the opinion, counsel for the other
side has sought to force upon this
court. updn this defendant, although
the defendants life is at jeopardy in
/ this trial.
saThis man is challenged simply be-
cause he has read the Appeal to Rea-
son, and yet in that box nearly every
Juror has been a reader of the Times,
/ and some of them for many, many
| years have imbibed its doctrine and
its faith. have admitted their prejudice
| against union labor, have admitted
their strong opinion In this case, have
even gone so far as to say that the
defendant would have to prove his In.
nocence beyond a reasonable doubt
before they could acQuit. Here Is a
Juror who says he has no opinion in
this case and it is perfectly plain
he has none. He has no opinion as
to the cause of the destruction OF the
Times; he has no opinion whatever
as to the guilt or innocence OF the de-
PENDANT. He comes here with a per-
fectly open mind to try this case, ex-
1 cepting he has read a few copies OF
| the Appeal ITO Reason and OF the
| Times; over and over in this case
/ Jurors have said they have read the
Times for years and imbibed IN its
| opinions. Now because here is man
| who It plainly appears Is not pre-
| JUDGED against US, but is lair ana
open and says he has no opinion o.
any sort upon this case, you must get
rid of him to fill the box with men
who formed the opinion and strong
i opinion that they may qualify to try
| this man for his life.
ssNoW, your honor, talk about de-
| fects! Badgered and narrowed, an
old man who fought for his country
an old man So years older than coun-
| sel-badgered and narrowed for half
q day he got along pretty well.
| submit that this jurors acuteness OF
mind. his general knowledge gather
ed throughout % years of labor and
toll and observation and thirst for
| knowledge, compares favorably with
any Juror in that box or, favorably
with any counsel in this case upon
either side, and if that juror is to be
dismissed, this court must take the
responsibility of dismissing q strong
man, an intelligent man, man with
out any prejudice or bias whatever,
simply because he has read here and
there copy of the Appeal to Reason;
and the district attorney thinks he is
not strong enough, prejudiced and
biased against this defendant to JUS
tify him in passing him for cause, and
being compelled to exercise per
Eemptery challenge. submit, your
honor, there is no precedent anywhere
there is no excuse anywhere for this
challenge, let alone for its being slls-
| tanned.
IF that question is to be tried, as
20 his capacity to act which Is an