"I think what I have heard and read before I came into court would have some influence with me." But the court finally got him to say he believed he could fairly and impartially try the case and render a verdict according to law and evidence, and that he would try to do so. Thereupon the court overruled the challenge for cause. Then he was asked some more questions by defendants' counsel, and among other things said:
"Why, we have talked about it there a great many times and I have always expressed my opinion. I believe what I have read in the papers; believe that the parties are guilty. I would try to go by the evidence, but in this case it would be awful hard work for me to do it."
He was challenged a second time on the ground of being prejudiced; was then again taken in hand by the court and examined at length, and finally again said he believed he could try the case fairly on the evidence, when the challenge for cause was overruled for the second time.
H. N. Smith, hardware merchant, stated among other things that he was prejudiced and had quite a decided opinion as to the guilt or innocence of the defendants; that he had expressed his opinion and still entertained it, and candidly stated that he was afraid he would listen a little more attentively to the testimony which concurred with his opinion than the testimony on the other side; that some of the policemen injured were personal friends of his. He was asked these questions:
Q. That is, you would be willing to have your opinion strengthened, and hate very much to have it dissolved?
A. I would.
Q. Under these circumstances do you think that you could render a fair and impartial verdict?
A. I don't think I could.
Q. You think you would be prejudiced?
A. I think I would be, because my feelings are very bitter.
Q. Would your prejudice in any way influence you in coming at an opinion, in arriving at a verdict?
A. I think it would.
He was challenged on the ground of being prejudiced; was interrogated at length by the court, and was brought to say he believed he could try the case fairly on the evidence produced in court. Then the challenge was overruled.
Leonard Gould, wholesale grocer, was examined at length; said he had a decided prejudice against the defendants. Among other things, he said: "I really don't know that I could do the case justice; if I was to sit on the case I should just give my undivided attention to the evidence and calculate to be governed by that." He was challenged for cause and the challenge overruled. He was then asked the question over again, whether he could render an impartial verdict based upon the evidence alone, that would be produced in court, and he answered: "Well, I answered that, as far as I could answer it."
Q. You say you don't know that you can answer that, either yes or no?
A. No, I don't know that I can.
Thereupon the court proceeded to examine him, endeavoring to get him to state that he believed he could try the case fairly upon the evidence that was produced in court, part of the examination being as follows:
