_The Court_: Then the other form of the question is withdrawn? _Mr. Larocque_: Yes, sir; we are satisfied with the form of the question the Court allows us to put. _James Cassidy_ called. Challenged for principal cause, by Mr. Larocque, for the defendants. _Q._ Did you read the account of the capture of the Savannah privateer? _A._ I believe I did. _Q._ Have you formed or expressed any opinion upon the guilt or innocence of these prisoners? _A._ I believe not, sir. I may have made some mention of it at the time of reading the transaction, but not to express any opinion. _Q._ Have you formed or expressed an opinion whether the facts, if proved, constitute the offence of piracy? _A._ No, sir. _By Mr. Smith_: _Q._ Have you any conscientious scruples on the subject of capital punishment that would interfere with your rendering a verdict of guilty, if the evidence proved the prisoners to be guilty? _A._ No, sir. Challenge withdrawn. _Juror sworn._ _Joel W. Poor_ called. Challenged for principal cause by Mr. Smith: _Q._ Have you any opinion on the subject of capital punishment which would prevent your rendering a verdict of guilty, if the evidence was such as to satisfy you? _A._ No, sir. _By Mr. Larocque_, for the prisoners: _Q._ Have you read the account of the capture of the Savannah privateers? _A._ I have. _Q._ Have you formed or expressed any opinion as to the guilt or innocence of the prisoners? _A._ I think not, sir. _Q._ Have you formed or expressed any opinion whether the facts charged, if proved, constitute the offence of piracy? _A._ I have not. _Q._ Have you never conversed on this subject? _A._ I do not think I have. _Q._ Have you no recollection of having conversed upon it at all? _A._ I may have talked about it something at the time, but I do not recollect. _Q._ Are you a stockholder, or connected with any marine insurance company? _A._ No, sir. _Q._ Have you been engaged in Northern trade? _A._ No, sir. _Challenged peremptorily_, by prisoners. _Thomas Dugan_ called. Challenged for principal cause, by Mr. Smith: _Q._ Have you any conscientious scruples that would interfere with your rendering a verdict of guilty, if you deemed the prisoners guilty upon the evidence? _A._ I have strong conscientious scruples. _Mr. Smith_ asked that the juror stand aside. Defendants' Counsel objected to the question, as not proper in form. Objection sustained. _Q._ In a capital case, where the evidence is sufficient to satisfy your mind of the prisoner's guilt, have you any conscientious scruples that would prevent your finding a verdict of guilty? _A._ If I may explain, I would endeavor to find a verdict; but I believe my sympathy would control my judgment to that extent that I would not be able to do my duty between the people and the prisoner. I have been on a jury before, and I doubt that my judgment would be controlled by my sympathy.