_Ira L. Cady_ 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 finding a verdict of guilty?
_A._ No, sir.
_By Mr. Larocque_:
_Q._ You know what this case is for?
_A._ I believe I understand it.
_Q._ An indictment of piracy against the privateersmen captured on the
Savannah?
_A._ Yes, sir.
_Q._ Have you formed or expressed any opinion upon the guilt or
innocence of the prisoners?
_A._ I do not recollect that I have.
_Q._ Have you formed or expressed any opinion whether the facts, if
proved, constitute piracy?
_A._ I do not think I have.
_Q._ Have you any opinion now upon either of these subjects?
_A._ I cannot say that I am entirely indifferent of opinion on the
subject, but still I have not formed any definite opinion.
_Q._ Your mind, however, is not entirely unbiased upon the question?
_A._ Well, no, sir--not if I understand the question; that is, the
question whether the facts, if proved, constitute the offence of
piracy?
_Mr. Larocque_ submitted that the juror was not indifferent.
_Mr. Evarts_: All that has been said by the juror is that, on the
question of whether the facts charged constitute the offence of piracy,
he has no fixed opinion; but he cannot say he has no opinion on the
subject. He is ready to receive instruction from the Court.
_Mr. Larocque_ contended that, as the question of whether the facts
alleged constituted piracy, or not, was a most important one to be
discussed, they were entitled to have the mind of the juror entirely
blank and unbiased on that subject.
_The Court_: Let us see what the state of mind of the juror is.
_Q._ You mentioned, in response to a question put to you, that you had
read an account in the newspapers of the capture of this vessel.
_A._ I was not asked that question. I have no mind made up in respect
to the subject that would prevent my finding a verdict in accordance
with the evidence; but I said I was not entirely devoid of an opinion
in regard to the case--that is, the offence.
_Q._ Have you read an account of the capture of this vessel?
_A._ Yes, sir; I read it at the time.
_Q._ Is it from the account, thus read, of the transaction of the
capture, that you found this opinion upon?
_A._ No, sir; it is not that. It is upon the general subject that I
mean to be understood--not in reference to this case particularly.
_Q._ Do you say, upon the general question, that you have an opinion?
_A._ Well, not fully made up. I have the shadow of an opinion about it.
_Q._ Not a fixed opinion?
_A._ No, sir; I would be governed by the law and instructions of the
Court.
_Q._ You are open to the control of your opinion upon the facts and law
as developed in the course of the trial?
_A._ Certainly, sir.
_The Court_: We do not think the objection sustained.
Challenged peremptorily by the prisoners.
_Samuel Mudget_ called. Challenged for principal cause.
_By Mr. Smith_:
_Q._ In a capital case, where the evidence is sufficient, in your
opinion, to convict the prisoner, have you any conscientious scruples
that would prevent your finding a verdict of guilty?
_A._ I have not.
_By Mr. Larocque_:
_Q._ You have read the account of the capture of the privateer
Savannah?
_A._ Yes, sir; at the time.
_Q._ Have you formed or expressed any opinion upon the guilt or
innocence of these privateersmen?
_A._ I have not.
_Q._ Have you formed or expressed an opinion whether the acts charged
upon them, if proved, constitute piracy?
_A._ No, sir; I have not formed any opinion with regard to the question
whether it was piracy or not.
Challenged peremptorily by the prisoners.
_George H. Hansell_ challenged for principal cause.
_Q._ In a capital case, where the evidence is sufficient to convince
you that the prisoner was guilty, have you any conscientious scruples
that would prevent your finding a verdict of guilty?
_A._ No, sir.
_By Mr. Larocque_:
_Q._ Have you read the account of the capture of the Savannah
privateer?
_A._ I believe I read the account at the time. I have a very indistinct
recollection of it.
_Q._ Have you formed or expressed an opinion as to the guilt or
innocence of the prisoners?
_A._ I do not remember that I have, sir. I certainly do not have any
opinion now; and certainly would not have until I have heard the
evidence.
_Q._ Do you say you do not recollect whether you have formed or
expressed any opinion?
_A._ I do not remember that I have, sir. I may, on reading the article,
have expressed an opinion on it; but I am not positive of that.
_Q._ Have you formed or expressed an opinion whether the facts charged,
if proved, amount to piracy?
_A._ I should not consider myself competent to form an opinion upon
that until I have heard the law on the subject.