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

882 ¥. AMERICAN STATE TRIALS.

The first juror was sworn, and the JupeE put the following quee-
tion to him: “Have you ever formed and delivered an opinion upon
the charges contained in the indictment?’ The juror answered,
that he had never seen the indictment, nor heard it read. The
June then said, he must be sworn in chief.

Mr, Hay asked permission to put a question to the juror
before he was sworn in chief.

The JupoeE desired to know what sort of a question he
meant to put, and told him he must first hear the question,
and if he thought it a proper one, it might be put.

Mr, Hay. The question which, with the permission of the
court, I meant to have asked, is this: ‘‘Have you ever formed
and delivered an opinion on the book entitled ‘The Prospect
Before Us,’ from which the charges in the indictment are ex-
tracted???

Jupaz Cuase, That question is improper, and you shall
not ask it, The only proper question is, ‘‘Have you ever
formed and delivered an opinion upon this charge.’? He
must have delivered as well as formed the opinion. Such a
question as you propose, would prevent the man from ever
being tried—the whole country have heard the case, and very
probably formed an opinion. You might mislead men by
your ingenuity, and if yon were indulged in putting the
question, the traverser might never be tried. He has an-
swered that he never saw the indictment, nor heard it read,
and if he has neither read nor heard the charges, I am sure
he cannot have formed or delivered an opinion on the sub-
ject.

Mr, Hay asked, that the indictment might be read to the
juror, because, perhaps, when he heard and understood the
charges, he would answer, that he had both formed and de-
livered an opinion upon them,

Juper Cuasz. The court has already indulged you as far
as they could. The answer of the juryman was explicit—
they could not go further than they had gone, and counsel
ought to be satisfied.

The juryman was then sworn in chief, and the issue was ex-
plained, that it must be proved that the traverser wrote or pub