Morrison Waite

“ At the trial, the court construed the statute to mean that 'although a person called as a juryman may have formed an opinion based upon rumor or upon newspaper statements, but has expressed no opinion as to the truth of the newspaper statement, he is still qualified as a juror if he states that he can fairly and impartially render a verdict thereon in accordance with the law and the evidence, and the court shall be satisfied of the truth of such statement. ”

“ Rep. 350, it was said: 'The right to challenge is the right to reject, not to select, a juror. If from those who remain an impartial jury is obtained, the constitutional right of the accused is maintained.' Of the correctness of these rulings we entertain no doubt.
We are therefore confined in this case to the rulings on the challenges to the jurors who actually sat at the trial. Of these there were but two: Theodore Denker, the third juror who was sworn, and H. T. Sanford, the last, who was called and sworn after all the peremptory challenges of the defendants had been exhausted. ”

“ Q. Have you any conscientious scruples against the infliction of the death penalty in proper cases? A. No, sir. Q. If taken as a juror in this case, do you believe you could determine the innocence or guilt of the defendants upon the proof presented to you here in court, under the instructions of the court, regardless of everything else? A. Yes; I think I could. Q. You know now of no prejudice or bias that would interfere with your duties as a juror? A. No, sir. Q. Are you a socialist, a communist, or an anarchist? ”

“ It was contended, however, in argument, that, 'though originally the first ten amendments were adopted as limitations on federal power, yet, in so far as they secure and recognize fundamental rights-common-law rights-of the man, they make them privileges and immunities of the man as a citizen of the United States, and cannot now be abridged by a state under the fourteenth amendment. ”

“ Answer. Yes. Q. Have you formed an opinion upon the question of the defendants' guilt or innocence upon the charge of murder, or any of them? A. I have. Q. Have you expressed that opinion? A. Yes. Q. You still entertain it? A. Yes. Q. You believe what you read and what you heard? A. I believe it; yes. 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? ”

“ The court thereupon overruled the challenge, but before the juror was accepted and sworn he was further examined by counsel for the defendants, as follows: 'Mr. Foster. I was going to ask you something about the opinion that you have formed from reading the papers and from conversation. I believe you answered me before that you had formed an opinion from reading and hearing conversation. That is correct, is it? Answer. Yes; but I don't believe everything I read in the newspapers. Question. No; but you believe enough to form an opinion? A. Yes; I formed an opinion. ”

“ A. I think I could lay aside that opinion I have formed. Q. You believe that you could? A. Yes.'
Here the examination of the juror by the counsel for the defendant, so far as it seems to be important to the present inquiry, was closed. Then, on examination by the attorney for the state, the following appears: 'Question. Do you know anything of the counsel upon the other side? Answer. No, sir. Q. You have men under you assisting you in shipping? A. No; there are no men under me. Q. Do you belong to any labor organization? ”

“ In this way we are able to determine, as a court in session, whether the errors alleged are such as to justify us in bringing the case here for review.
We proceed, then, to consider what the questions are on which, if it exists at all, our jurisdiction depends. They are thus stated in the opening brief of counsel for petitioners: 'First. ”

“ A. No, sir. Q. Mr. Sanford, do you know any of the members of the police force of the city of Chicago? A. Not one by name. Q. You are not acquainted with any one that was either injured or killed, I suppose, at the Haymarket meeting? A. No. * * * Q. Mr. Sanford, are you acquainted with any gentleman representing the prosecution,-these gentlemen, Mr. ”