_Tuganhold Kron_ called. Challenged for principal cause.
_By Mr. Smith_:
_Q._ In a capital case, where the evidence was sufficient to convince
you of the guilt of the prisoner, have you any conscientious scruples
that would prevent your finding a verdict of guilty?
_A._ Yes, sir. (Question repeated.)
_A._ No, sir.
_Q._ Do you readily understand English?
_A._ Pretty well.
_Q._ You did not understand me when I asked the question the first
time?
_A._ No, sir.
_Q._ Do you understand English well?
_A._ Yes, pretty well. There may be some words I do not understand.
_Q._ Did you ever sit as a juror on a trial?
_A._ Yes, sir.
_Q._ Did you understand all the witnesses said?
_A._ No, because I did not hear, sometimes.
_Q._ Do you think you understand English well enough, so that you can
hear a trial intelligently?
_A._ I cannot say, sir.
_Q._ You are not sure?
_A._ No, sir.
_By Mr. Larocque_:
_Q._ What is your occupation?
_A._ A bookbinder.
_Q._ Have you an establishment of your own?
_A._ Yes, sir.
_Q._ The men you employ--do they speak English or German?
_A._ Some English--the most of them German.
_Q._ And you transact your business with gentlemen who speak English?
_A._ Yes, sir.
_Q._ How long have you done so?
_A._ Eight years.
_By the Court_:
_Q._ How long have you been in this country?
_A._ Seventeen years.
_Q._ Have you been in business all that time?
_A._ I worked as journeyman ten years, and have been seven years in
business of my own.
_By Mr. Smith_:
_Q._ Do you think you can understand English well enough so that you
can, from the evidence, form an opinion of your own?
_A._ I think I will.
_By Mr. Larocque_:
_Q._ You read the account of the capture of the privateer Savannah in
the newspapers?
_A._ Yes, sir; in some German paper.
_Q._ Did you form or express any opinion as to the guilt or innocence
of these prisoners?
_A._ No, sir.
_Q._ Did you form or express an opinion whether the facts charged
against them, if proved, constitute the offence of piracy?
_A._ No, sir.
_Mr. Evarts_: We think the juror's knowledge of the language is shown,
by his own examination, to be such as should at least entitle the
Government to ask that he should stand aside until it is seen if the
panel shall be filled from other jurors--if that right exists. Your
honor held, in the case of the United States _v._ Douglass--a piracy
case tried some ten years ago--that that right did exist.
_The Court_: I think we have since qualified that in the case of
Shackleford. It was intended to settle that debatable question, and it
was held that the Act of Congress, requiring the empanneling of jurors
to be according to the practice in State Courts, did not necessarily
draw after it this right of setting aside. We think the objection taken
is not sustained.
_Juror sworn._
_Matthew P. Bogart_ called. Challenged for principal cause by Mr.
Smith:
_Q._ In a capital case, where the evidence is sufficient to convince
you of the guilt of the prisoner, have you any conscientious scruples
that would prevent your rendering a verdict of guilty?
_A._ No, sir.
_By Mr. Larocque_, for the prisoners:
_Q._ Have you read the account of the capture of the privateer Savannah
in the newspapers?
_A._ I recollect reading it at the time--not since.
_Q._ Have you ever formed or expressed an opinion upon the guilt or
innocence of these prisoners?
_A._ Not to my recollection.
_Q._ Have you ever formed or expressed an opinion whether the facts
charged against them, if proved, constitute the offence of piracy?
_A._ I have not.