“‘In this case, your Honor,’ said Mr. Darrow, when the court resumed at
the afternoon session, ‘we wish to make a motion in the event that the
Court should decide that it is not competent to proceed with the eleven
jurors, that the place of the sick juror should be filled and the case
proceeded with after the evidence has been read over to the new juror,
we think we have authorities on that point and we will present them to
your Honor. The evidence could be read over and that would save the
whole time that would be occupied in representing the case to the Court.
If General Black admits this to be right, we would like to present these
authorities to the Court.’
“‘When the court adjourned after the conference in your Honor’s chambers
this morning,’ said General Black, ‘I made an investigation of the
points involved and I found one authority upon the point which, it seems
to me, settles the question. It is the case of Callan against Wilson,
decided by Justice Harlan. In that decision the judge discusses the
question as to the rights of trial by jury under similar circumstances
to this case, touching particularly the right of trial in conspiracy
cases, and holds that it is an inalienable right that there should be a
trial by jury, which means a jury of twelve men. The authority is so
conclusive that I must abandon my position.’”—_Chicago Times_, February
12, 1895.