The Rise and Fall of Anarchy in America: From its Incipient Stage to the First Bomb Thrown in ChicagoMcLean, George N.
History
The Rise and Fall of Anarchy in America: From its Incipient Stage to the First Bomb Thrown in Chicago
McLean, George N.
Anarchists -- United States; Haymarket Square Riot, Chicago, Ill., 1886
Mr. Grinnell said he thought it to be conceded that a State
Legislature had a right to prescribe how many peremptory challenges
should be allowed in the formation of a jury. The common law of
Illinois had been radically changed in this respect, and both
prosecution and defendant now stood on an equal footing. Each defendant
was entitled to twenty peremptory challenges, and as the eight
defendants in this case acted in concert and were all consulted, each
of them had practically 160 peremptory challenges. The State had a
like number. The defendants exhausted all of their 160 peremptory
challenges before a jury was obtained and the State availed itself of
its privilege to the extent of fifty-two challenges. He maintained,
however, that no federal question would be involved even if the State
allowed only one peremptory challenge to one side and 160 to the other.
It was the State's right. In this case there were 931 men called into
the jury box and examined in order to obtain twelve jurors.
JURORS SANFORD AND DENKER.
No objection was raised to any one of the twelve jurors with the single
exception of Sanford. Denker was challenged for cause after a brief
examination; the challenge was overruled and the defense accepted, but
they then proceeded with a further and more elaborate examination of
him, and it is shown by the record that after this second examination
they desired to keep him, that they did keep him, and that they did
make no further exception. When Denker was taken the defense had
left 142 peremptory challenges and they could have used one of these
challenges to get rid of him if they had been very desirous of so
doing. They had forty-three peremptory challenges left after eleven
jurors had been sworn. These forty-three challenges they frittered
away frivolously for the purpose of taking some possible advantage.
Their peremptory challenges were then exhausted, and they had to either
take a juror or show cause why he should be rejected.
The examination of Sanford, the last juror, clearly demonstrated, Mr.
Grinnell said, that the defense were more ready to take him than the
State was. Not a single juror was put upon the defense to exhaust their
peremptory challenges. Whenever a man said that he had talked with a
witness or any one who was present at the Haymarket meeting, or that he
had attended the coroner's inquest he was rejected for cause.
EULOGIZING THE JURY.
Public-domain text, read in full here on John Shaqi.
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