_Counsel for the Defendants_:
BOWDOIN, LAROCQUES & BARLOW, DANIEL LORD, JAMES T. BRADY, ALGERNON S.
SULLIVAN, JOSEPH H. DUKES, ISAAC DAVEGA, MAURICE MAYER.
_E. Delafield Smith, Esq._, United States District Attorney, stated
that he desired to use Albert Gallatin Ferris, one of the prisoners
indicted, as a witness, and would therefore enter a _nolle prosequi_ in
regard to him.
_The Court_: Are the prisoners to be tried jointly?
_Mr. Lord_: I believe so, sir.
_The Clerk_ called over the names of the prisoners, directing them to
challenge the Jurors as called.
_Judge Nelson_: Those of the prisoners who desire to do so may take
seats by the side of their counsel.
_The Clerk_ proceeded to call the panel.
_Edward Werner_ called, and challenged for principal cause by Mr.
Smith:
_Q._ Have you any conscientious scruples that would prevent your
finding a verdict of guilty, in a capital case, where the evidence was
sufficient to convince you that the prisoner was guilty?
_A._ No, sir.
_By Mr. Larocque_, for the prisoners:
_Q._ Have you read the account in the newspapers of the capture of the
Savannah privateers?
_A._ Yes, sir.
_Q._ Have you ever formed or expressed any opinion as to the guilt or
innocence of these prisoners?
_A._ No, sir.
_Q._ Have you ever formed or expressed any opinion as to whether they
were guilty of piracy, if the facts were as alleged?
_A._ No, sir.