Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 6

_A._ No, sir.

_Mr. Evarts_: We think the juror's knowledge of the language is shown, by his own examination, to be such as should at least ent.i.tle the Government to ask that he should stand aside until it is seen if the panel shall be filled from other jurors--if that right exists. Your honor held, in the case of the United States _v._ Dougla.s.s--a piracy case tried some ten years ago--that that right did exist.

_The Court_: I think we have since qualified that in the case of Shackleford. It was intended to settle that debatable question, and it was held that the Act of Congress, requiring the empanneling of jurors to be according to the practice in State Courts, did not necessarily draw after it this right of setting aside. We think the objection taken is not sustained.

_Juror sworn._

_Matthew P. Bogart_ called. Challenged for princ.i.p.al cause by Mr.

Smith:

_Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your rendering a verdict of guilty?

_A._ No, sir.

_By Mr. Larocque_, for the prisoners:

_Q._ Have you read the account of the capture of the privateer Savannah in the newspapers?

_A._ I recollect reading it at the time--not since.

_Q._ Have you ever formed or expressed an opinion upon the guilt or innocence of these prisoners?

_A._ Not to my recollection.

_Q._ Have you ever formed or expressed an opinion whether the facts charged against them, if proved, const.i.tute the offence of piracy?

_A._ I have not.

Challenge withdrawn. _Juror sworn._

_George Moeller_ called. Challenged for princ.i.p.al cause by Mr. Smith:

_Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty?

_A._ No, sir.

_By Mr. Larocque_, for the prisoners:

_Q._ Have you read the account of the capture of the Savannah? _A._ Yes, sir.

_Q._ Have you formed or expressed any opinion as to the guilt or innocence of these prisoners?

_A._ No, sir.

_Q._ Have you formed or expressed any opinion as to whether, if the facts were proved, as alleged, it was piracy?

_A._ I do not know what the facts are, sir. I have only read an account of the capture.

Challenge withdrawn. _Juror sworn._

_Robert Taylor_ called. Challenged for princ.i.p.al cause, by Mr. Smith:

_Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty?

_A._ No, sir.

_By Mr. Larocque_, for the prisoners:

_Q._ You read of the capture of the privateer Savannah?

_A._ I think I have.

_Q._ Did you form or express any opinion as to the guilt or innocence of the prisoners?

_A._ Not that I know of, sir.

_Q._ Have you formed or expressed any opinion whether the facts, if proved, const.i.tute the offence of piracy?

_A._ No, sir, not any.

Challenge withdrawn. _Juror sworn._

_Daniel Bixby_ called. Challenged for princ.i.p.al cause, by Mr. Smith:

_Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty?

_A._ I have not.

_By Mr. Larocque_:

_Q._ Have you ever formed or expressed any opinion as to the guilt or innocence of the prisoners?

_A._ I have not.

_Q._ Or whether the facts, if proved, const.i.tute the offence of piracy?

_A._ No, sir.

Challenge withdrawn. _Juror sworn._

_Ira L. Cady_ called. Challenged for princ.i.p.al cause, by Mr. Smith:

_Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty?