_A._ No, sir.
_By Mr. Larocque_:
_Q._ You know what this case is for?
_A._ I believe I understand it.
_Q._ An indictment of piracy against the privateersmen captured on the Savannah?
_A._ Yes, sir.
_Q._ Have you formed or expressed any opinion upon the guilt or innocence of the prisoners?
_A._ I do not recollect that I have.
_Q._ Have you formed or expressed any opinion whether the facts, if proved, const.i.tute piracy?
_A._ I do not think I have.
_Q._ Have you any opinion now upon either of these subjects?
_A._ I cannot say that I am entirely indifferent of opinion on the subject, but still I have not formed any definite opinion.
_Q._ Your mind, however, is not entirely unbiased upon the question?
_A._ Well, no, sir--not if I understand the question; that is, the question whether the facts, if proved, const.i.tute the offence of piracy?
_Mr. Larocque_ submitted that the juror was not indifferent.
_Mr. Evarts_: All that has been said by the juror is that, on the question of whether the facts charged const.i.tute the offence of piracy, he has no fixed opinion; but he cannot say he has no opinion on the subject. He is ready to receive instruction from the Court.
_Mr. Larocque_ contended that, as the question of whether the facts alleged const.i.tuted piracy, or not, was a most important one to be discussed, they were ent.i.tled to have the mind of the juror entirely blank and unbiased on that subject.
_The Court_: Let us see what the state of mind of the juror is.
_Q._ You mentioned, in response to a question put to you, that you had read an account in the newspapers of the capture of this vessel.
_A._ I was not asked that question. I have no mind made up in respect to the subject that would prevent my finding a verdict in accordance with the evidence; but I said I was not entirely devoid of an opinion in regard to the case--that is, the offence.
_Q._ Have you read an account of the capture of this vessel?
_A._ Yes, sir; I read it at the time.
_Q._ Is it from the account, thus read, of the transaction of the capture, that you found this opinion upon?
_A._ No, sir; it is not that. It is upon the general subject that I mean to be understood--not in reference to this case particularly.
_Q._ Do you say, upon the general question, that you have an opinion?
_A._ Well, not fully made up. I have the shadow of an opinion about it.
_Q._ Not a fixed opinion?
_A._ No, sir; I would be governed by the law and instructions of the Court.
_Q._ You are open to the control of your opinion upon the facts and law as developed in the course of the trial?
_A._ Certainly, sir.
_The Court_: We do not think the objection sustained.
Challenged peremptorily by the prisoners.
_Samuel Mudget_ called. Challenged for princ.i.p.al cause.
_By Mr. Smith_:
_Q._ In a capital case, where the evidence is sufficient, in your opinion, to convict the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty?
_A._ I have not.
_By Mr. Larocque_:
_Q._ You have read the account of the capture of the privateer Savannah?
_A._ Yes, sir; at the time.
_Q._ Have you formed or expressed any opinion upon the guilt or innocence of these privateersmen?
_A._ I have not.
_Q._ Have you formed or expressed an opinion whether the acts charged upon them, if proved, const.i.tute piracy?
_A._ No, sir; I have not formed any opinion with regard to the question whether it was piracy or not.
Challenged peremptorily by the prisoners.
_George H. Hansell_ challenged for princ.i.p.al cause.
_Q._ In a capital case, where the evidence is sufficient to convince you that the prisoner was guilty, have you any conscientious scruples that would prevent your finding a verdict of guilty?
_A._ No, sir.
_By Mr. Larocque_:
_Q._ Have you read the account of the capture of the Savannah privateer?