Page:The World's Most Famous Court Trial - 1925.djvu/48

 is their duty to be sworn and accepted.

Gen. Stewart—Of course, when they are sworn, they are only sworn to truly try the issues of the case. That is all the oath covers.

Mr. Darrow—But, it means jeopardy.

Gen. Stewart—I see, but they are only sworn to well and truly try the issues, that covers more than that; suppose one juror becomes sick in the morning, have to select a man to take his place Monday.

Mr. Darrow—I will let you sweat about it.

Mr. Stewart—We would have to enter a mistrial, is all there is to it.

Mr. Neal—What we want is to put the man in jeopardy.

The Court—Let me state to you gentlemen, lawyers who are not familiar with our practice. Before the jury is sworn, the issues are made up, and in making up the issues, I would expect you both to outline your theories in an opening statement. That would take some thirty minutes, now, to read the indictment and have the opening statements from both sides. That would make a little late adjournment.

Mr. Darrow—May I save the record? I presume you are entirely right, but may I make my request to have them sworn?

The Court—Yes, let the record show that.

Mr. Darrow—You understand I do not know.

The Court—Yes, I am giving you the benefit of all the information I can.

Mr. Darrow—Yes, sir.

The Court—Gentlemen, you will heed my instructions, I am sure. Now, by agreement of counsel for both sides, I rather think we will have to let the court go over until Monday morning. They think they can save time. All the other jurors that have been here will be discharged, except the twelve gentlemen. I can appreciate these issues are profound and the lawyers are in need and entitled to have opportunity to make such investigation as they see proper.

Court thereupon adjourned until 9 o'clock Monday morning, July 13, 1925.