_The Court_: Are the prisoners to be tried jointly?
_Mr. Lord_: I believe so, sir.
_The Clerk_ called over the names of the prisoners, directing them to challenge the Jurors as called.
_Judge Nelson_: Those of the prisoners who desire to do so may take seats by the side of their counsel.
_The Clerk_ proceeded to call the panel.
_Edward Werner_ called, and challenged for princ.i.p.al cause by Mr.
Smith:
_Q._ Have you any conscientious scruples that would prevent your finding a verdict of guilty, in a capital case, where the evidence was sufficient to convince you that the prisoner was guilty?
_A._ No, sir.
_By Mr. Larocque_, for the prisoners:
_Q._ Have you read the account in the newspapers of the capture of the Savannah privateers?
_A._ Yes, sir.
_Q._ Have you ever formed or expressed any opinion as to the guilt or innocence of these prisoners?
_A._ No, sir.
_Q._ Have you ever formed or expressed any opinion as to whether they were guilty of piracy, if the facts were as alleged?
_A._ No, sir.
Challenge withdrawn. _Juror sworn._
_William H. Marshall_ called, and challenged for princ.i.p.al cause:
_Q._ Have you any conscientious scruples that would prevent your finding a verdict of guilty in a capital case, where the evidence was sufficient to convince you that the prisoner was guilty?
_A._ No, sir.
_By Mr. Larocque_, for the prisoners:
_Q._ You read the account of the privateer Savannah?
_A._ I believe I have.
_Q._ Have you formed or expressed any opinion as to the guilt or innocence of the prisoners?
_A._ No, sir.
_Q._ Have you ever formed or expressed any opinion as to whether they were guilty of piracy, if the facts were as alleged?
_A._ I have not formed any opinion as to these men.
_Q._ As to the general question, whether cruising under a commission from the Confederate States is piracy?
_A._ I do not think I have formed any opinion, or expressed one.
Challenge withdrawn. _Juror sworn._
_William Powell_ called, and challenged for princ.i.p.al cause by Mr.
Smith:
_Q._ Have you any conscientious scruples that would prevent your finding a verdict of guilty, in a capital case, where the evidence was sufficient to convince you that the prisoner was guilty?
_A._ No, sir.
_By Mr. Larocque_, for the prisoners:
_Q._ Have you formed or expressed any opinion as to the guilt or innocence of these prisoners?
_A._ I have not formed any opinion that would prevent me from giving a verdict according to the facts of the case. I have read the account, and I presume have formed such an opinion as most men do from reading an account, if the facts be so and so.
_Q._ Have you formed any opinion as to whether cruising, under a commission from the Confederate States, is piracy?
_A._ Yes, sir, I have.
_Mr. Evarts_ objected that this was purely a question of law, and one jurors should not be inquired of.
_The Court_ sustained the objection.
_Q._ Did you believe the accounts which you read of this transaction?
_A._ Well, it is difficult to say. There is so much published in the papers now-a-days that is not correct, that I am hardly prepared to say I believe anything I see, without palpable evidence. I believe the fact of the capture of the Savannah.
_Q._ Did you read what had been done by the Savannah before she was captured?
_A._ Well, I formed no opinion with regard to that.
_Q._ Did you form an opinion of the character of the act with which the defendants were charged?
_A._ No, sir.
_Q._ Do you entertain the settled opinion that acting under a commission from President Davis, or the Confederate Government, const.i.tutes piracy?
_Mr. Evarts_ objected that this was a question of law.