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FIELDEN, NEEBE AND SCHWAB.
139

further, that one of the officers killed at the Haymarket was a relative of his, although the relationship was distant, but on account of this relationship his feelings were perhaps different from what they would have been, and occasioned a very strong opinion as to the guilt of the defendants, and that he had stated to others that he believed what he had heard and read about the matter. He was challenged on the ground of prejudice, and then stated, in answer to a question from the prosecution, that he believed that he could give a fair and impartial verdict, when the challenge was overruled.

Rush Harrison, in the silk department of Edson Keith & Co., was examined at length; stated that he had a deep-rooted conviction as to the guilt or innocence of the defendants.He said:

"It would have considerable weight with me if selected as a juror. It is pretty deep-rooted, that opinion is, and it would take a large preponderance of evidence to remove it; it would require the preponderance of evidence to remove the opinion I now possess. I feel like every other good citizen does. I feel that these men are guilty; we don't know which; we have formed this opinion by general reports from the newspapers. Now, with that feeling, it would take some very positive evidence to make me think these men were not guilty, if I should acquit them; that is what I mean. I should act entirely upon the testimony; I would do as near as the main evidence would permit me to do. Probably I would take the testimony alone."

Q. But you say that it would take positive evidence of their innocence before you could consent to return them not guilty.

A. Yes, I should want some strong evidence.

Q. Well, if that strong evidence of their innocence was not introduced, then you want to convict them, of course.

A. Certainly.

He was then challenged on the ground of being prejudiced, when the judge proceeded to interrogate him and finally got him to say that he believed he could try the case fairly on the evidence alone; then the challenge was overruled.

J. R. Adams, importer, testified that he was prejudiced; had formed and expressed opinions and still held them. He was challenged on this ground, when the court proceeded to examine him at length, and finally asked him this question:

Q. Do you believe that your convictions as to what the evidence proved, or failed to prove, will be at all affected by what anybody at all said or wrote about the matter before?

A. I believe they would.

The court (in the hearing of other jurors not yet examined) exclaimed: "It is incomprehensible to me." The juror was excused.

B. L. Ames, dealer in hats and caps, stated that he was prejudiced; had formed and expressed opinions; still held them. He was challenged on these grounds. Then the court examined him at length; tried to force him to say that he could try the case fairly, without regard to his prejudice, but he persisted in saying, in answer to the court's questions, that he did not believe that he could sit as a juror, listen to the evidence and from that alone make up his mind as to the guilt or innocence of the defendants. Thereupon the