dence was heard, the verdict that would be rendered. Nor can it be said that instructions from the court would correct the bias of the jurors who swear they incline in favor of one of the litigants. * * *
"Bontecou (one of the jurors in the Cronin case), it is true, was brought to make answer that he could render a fair and impartial verdict in accordance with the law and the evidence, but that result was reached only after a singularly argumentative and persuasive cross-examination by the court, in which the right of every person accused of crime to an impartial trial and to the presumption of innocence until proved guilty beyond a reasonable doubt, and the duty of every citizen, when summoned as a juror, to lay aside all opinions and prejudices and accord the accused such a trial, was set forth and descanted upon at length, and in which the intimation was very clearly made that a juror who could not do this was recreant to his duty as a man and a citizen. Under pressure of this sort of cross-examination, Bontecou seems to have been finally brought to make answer in such a way as to profess an ability to sit as an impartial juror, and on his so answering he was pronounced competent and the challenge as to him was overruled. Whatever may be the weight ordinarily due to statements of this character of jurors, their value as evidence is in no small degree impaired in this case by the mode in which they were, in a certain sense, forced from the mouth of the juror. The theory seemed to be, that if a juror could in any way be brought to answer that he could sit as an impartial juror, that declaration of itself rendered him competent. Such a view, if it was entertained, was a total misconception of the law. * * *
"It requires no profound knowledge of human nature to know that with ordinary men opinions and prejudices are not amenable to the power of the will, however honest the intention of the party may be to put them aside. They are likely to remain in the mind of the juror in spite of all his efforts to get rid of them, warping and giving direction to his judgment, coloring the facts as they are developed by the evidence, and exerting an influence more or less potent, though it be unconsciously to the juror himself, on the final result of his deliberations. To compel a person accused of a crime to be tried by a juror who has prejudiced his case is not a fair trial. Nor should a defendant be compelled to rely, as his security for the impartiality of the jurors by whom he is to be tried, upon the restraining and controlling influence upon the juror's mind of his oath to render a true verdict according to the law and the evidence. His impartiality should appear before he is permitted to take the oath. If he is not impartial then, his oath cannot be relied upon to make him so. In the terse and expressive language of Lord Coke, already quoted, the jury should 'stand indifferent as he stands unsworn.'"
Applying the law as here laid down in the Cronin case to the answers of the jurors above given in the present case, it is very apparent that most of the jurors were incompetent because they were not impartial, for nearly all of them candidly stated that they were prejudiced against the defendants, and believed them guilty before hearing the evidence, and the mere fact that the judge succeeded, by a singularly suggestive examination, in getting them to state that they believed they could try the case fairly fair on the evidence, did not make them competent.
