Page:The Chicago Martyrs (1899).pdf/145

 Rh Q. Now, do you believe that you can—that you have sufficiently reflected upon it—so as to examine your own mind, that you can fairly and impartially determine the guilt or innocence of the defendants?

A. That is a difficult question for me to answer.

Q. Well, make up your mind as to whether you can render, fairly and impartially render, a verdict in accordance with the law and the evidence. Most men in business possibly have not gone through a metaphysical examination so as to be prepared to answer a question of this kind.

A. Judge, I don't believe I can answer that question.

Q. Can you answer whether you believe you know?

A. If I had to do that I should do the best I could.

Q. The question is whether you believe you could or not. I suppose, Mr. Gould, that you know the law is that no man is to be convicted of any offense with which he is charged, unless the evidence proves that he is guilty beyond a reasonable doubt?

A. That is true.

Q. The evidence heard in this case in court?

A. Yes.

Q. Do you believe that you can render a verdict in accordance with the law?

A. Well, I don't know that I could.

Q. Do you believe that you can't—if you don't know of any reason why you cannot, do you believe that you can't?

A. I cannot answer that question.

Q Have you a belief one way or other as to whether you can or cannot? Not whether you are going to do it, but do you believe you cannot? That is the only thing. You are not required to state what is going to happen next week or week after, but what do you believe about yourself, whether you can or can't.

A. I am about where I was when I started.

Some more questions were asked and Mr. Gould answered:

Well, I believe I have gone just as far as I can in reply to that question.

Q. This question, naked and simple in itself is, do you believe that you can fairly and impartially render a verdict in the case in accordance with the law and evidence?

A. I believe I could.

Having finally badgered the juror into giving this last answer, the court desisted. The defendants' counsel asked:

Do you believe you can do so, uninfluenced by any prejudice or opinion which you now have?

A. You bring it at a point that I object to and I do not feel competent to answer.

Thereupon the juror was challenged a second time for cause, and the challenge was overruled.

James H. Walker, dry goods merchant, stated that he had formed and expressed an opinion as to the guilt of defendants; that he was prejudiced, and that his prejudice would handicap him.

Q. Considering all prejudice and all opinions you have, if the testimony