Page:The World's Most Famous Court Trial - 1925.djvu/13

 or interpret the Bible or anything of that sort. On the other hand, these gentlemen are just as earnest in their insistence that they are entitled to it. Now in order that we may not disqualify a number of jurors in the discussion of this matter, and further in order and for the purpose of accommodating these gentlemen, and accommodating perhaps the witnesses whom they anticipate bringing here, and whom they do not want to bring here if the court should hold that matter not competent, we have agreed to take that matter up out of order, but we prefer to select a jury before that is done. Now we are willing to take that up most any time, and we have agreed, if it meets with the approval of the court, that we adjourn until in the morning. These gentlemen are tired and they haven’t gotten acclimated yet, and we are willing to give them a half a day.

The Court—May I inquire how many regular veniremen have you, Mr. Sheriff?

Mr. McKenzie (Gordon)—Twenty-nine, your honor.

The Court—Twenty-nine, excluding the grand jury?

Mr. McKenzie—No, sir.

The Court—Including the grand jury?

Mr. McKenzie—Yes, sir.

The Gourt—The grand jury would not be competent.

Mr. McKenzie—Sixteen.

The Court—Mr. Attorney-General, how many jurors would you anticipate we might need to make the panel? Mr. Attorney-General, I don’t like to lose this afternoon. A great many people are here and I am willing to adjourn until 1:30, and I can have the sheriff to have us 100 men here at that time.

Gen. Stewart—Judge, these gentlemen, of course—I want to show all the courtesy I can to these visiting lawyers—these gentlemen have come in here on trains from a long distance last night, and they are tired and not feeling very well.

The Court—Well, it wouldn't require any great amount of energy to select a jury, would it?

Mr. Malone—Your honor, I think I am the only one who wanted it to go over until Monday, and since nobody else wants it, I believe we ought to continue and go on right now.

Mr. Darrow—I think we ought to have the afternoon on it.

The Court—Well, colonel, we will only hold about two hours, and then I will give you a good rest. Of course, I have a great regard for the lawyers, but I have some regard for others.

Mr. Darrow—Yes, I know; certainly you do have, but that doesn’t seem that is hardly an unreasonable request, let it go over until morning.

The Court—I would prefer to proceed with getting the jury. I wouldn't expect you to enter on the trial this afternoon. What do you say, gentlemen, to ordering 100 extra jurors? What do you think for the state?

Mr. Darrow—May we get the court to tell us just what the law is as to—you say you have sixteen here. Suppose those are exhausted?

The Court—Well, you would be entitled, Col. Darrow, to exhaust those first, if you saw proper, and then the court would order an extra panel from bystanders, under the law. Usually by agreement of counsel in cases of this sort, we anticipate that we may perhaps need 100 men, and by agreement of counsel we would send the sheriff out and have 100 extra jurors summoned and brought in, and if we didn't get the panel out of that—get the jury out of that panel—we would send him out to get another panel.

Mr. Darrow—That is, drawn from a regular box?

The Court—No, sir, we have no regular jury box in this county—it is drawn if you want it—in a felony case it is drawn out of the box, yes, sir, if you require it, but in a misdemeanor it isn't.

Mr. Darrow—That is if you agree?

The Court—Yes, sir, if you rather, the names will go through a hat. It would be in the discretion of the court and it will be perfectly agreeable with me. I will give you any