the defendants were obliged to exhaust their challenges on men who declared in open court that they were prejudiced and believed the defendants to be guilty.
THE TWELVE WHO TRIED THE CASE.
The twelve jurors whom the defendants were finally forced to accept, after the challenges were exhausted, were of the same general character as the others, and a number of the stated candidly that they were so prejudiced that they could not try the case fairly, but each, when examined by the court, was finally induced to say that he believed he could try the case fairly upon the evidence that was produced in court alone. For example:
Theodore Denker, one of the twelve: "Am shipping clerk for Henry W. King & Co. I have read and talked about the Haymarket tragedy, and have formed and expressed an opinion as to the guilt or innocence of the defendants oi the crime charged in the indictment. I believe what I read and heard, and still entertain that opinion."
Q. Is that opinion such as to prevent you from rendering an impartial verdict in the case, sitting as a juror, under the testimony and the law?
A. I think it is.
He was challenged for cause on the ground of prejudice. Then the State's attorney and the court examined him and finally got him to say that he believed he could try the case fairly on the law and the evidence, and the challenge was overruled. He was then asked further questions by the defendants' counsel, and said:
"I have formed an opinion as to the guilt of the defendants and have expressed it. We conversed about the matter in the business house and I expressed my opinion there; expressed my opinion quite frequently. My mind was made up from what I read and I did not hestitate to speak about it."
Q. Would you feel yourself in апy way governed or bound in listening to the testimony and determining it upon the pre-judgment of the case that you had expressed to others before?
A. Well, that is a pretty hard question to answer.
He then stated to the court that he had not expressed an opinion as to the truth of the reports he had read, and finally stated that he believed he could try the case fairly on the evidence.
John B. Greiner, another one of the twelve: "Am a clerk for the Northwestern railroad. I have heard and read about the killing of Degan, at the Haymarket, on May 4, last, and have formed an opinion as to the guilt or innocence of the defendants now on trial for that crime. It is evident that the defendants are connected with that affair from their being there."
Q. You regard that as evidence?
A. Well, I don't know exactly. Of course I would expect that it connected them or they would not be here.
Q. So, then, the opinion that you now have has reference to the guilt or innocence of some of these men, or all of them?
A. Certainly.
Q. Now, is that opinion one that would influence your verdict if you should be selected as a juror to try the case?
