038 Slide – American State Trials 1918 Volume X Leo Frank Document

6 X. AMERICAN STATE TRIALS.

January 20.
Mr, Coalter asked for a continuance, which was refused.
The following jurors were then selected, after Jupaz Stone
had ruled that the opinion formed from rumor, in order to
disqualify a juror must be of such a fixed character as to en-
list the feelings of the juror either for or against the prisoner
and create in the language of the statute a bias or prejudice

*Coauren, Jonn D. (1818-1864). Born South Carolina and
eame with his parents to Missouri when they settled in St. Charles
Co. Was sent to the College of South Carolina to be educated,
and on his return studied Jaw in St. Louis and was admitted to
the bar; practiced law in St. Charles and was very successful;
Tepresented his county in the Legislature several terms and was a
delogata to the Washington, D. C., Convention to devise means
to preserve peace, 1860; “He eschewed office and never accepted
any public position that he could eonsistently decline. He made
no pretensions to oratory, yet was x foreefol, clear and lucid
speaker and impressed a jury most favorably, It is questionable
if he ever had an enemy, while his friends could be nambered by
thousands. Ho obtained the title of General through services ret
dered in the Stato Militia.” Bay (W. V.N.), 468.

*Bay, Warm Van Ness, (1818-1994). Born Hudson, N. Y.
Both his grandfather and father were lawyers in New York, the
former a partner of Ambrose Spencer, some time Chief Justice of
the State; his great-uncle, Elisha Hall Bay, was a justice of the
Supreme Court of South Carolina, and was tendered by Jefferson
a seat on the Supreme Beneh, which he declined. His brother,
Samuel M. Bay, after studying taw with Judge Swayne, of Colam-
bus, Ohio (afterwards a justice of the United States Supreme
Court), settled in Union, Missouri, in 1833, was elected to the Legis-
lature, became Attorney General ‘of the State and Supreme Court
Reporter, and died of cholera in St. Louis in 1849, William V.
N, Bay joined his brother in 1835, studied law with him and was
admitted to the bar in 1837. He was a momber of the State Legis-
lature (1842-1846), and a Representative in the 3ist Congress
(1849-1851), He waa a Democrat and made but one speech in
Congress which a writer of the day describes as follows: “It treated
of slavery and the admission of California to the Union. It is a
powerful plea for its admission as a free State, according to her
overwhelming vote. It is a severe indictment against the Whig
administration and a masterful example of a Unionist pleading with
the North to desist from aggressions upon the South and a clear
notice that his affection for the Union of the States surpasses
his ties of union with bis brethren of the South.” In 1854 be
removed to St. Louis, was appointed by Governor Gamble to the
Supreme Court, and on June 14, 1865, he, with his colleague, Jndge
John D, 8. Dryden, was forcibly removed by the military by the