_Robert Taylor_ called. Challenged for principal cause, by Mr. Smith: _Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty? _A._ No, sir. _By Mr. Larocque_, for the prisoners: _Q._ You read of the capture of the privateer Savannah? _A._ I think I have. _Q._ Did you form or express any opinion as to the guilt or innocence of the prisoners? _A._ Not that I know of, sir. _Q._ Have you formed or expressed any opinion whether the facts, if proved, constitute the offence of piracy? _A._ No, sir, not any. Challenge withdrawn. _Juror sworn._ _Daniel Bixby_ called. Challenged for principal cause, by Mr. Smith: _Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty? _A._ I have not. _By Mr. Larocque_: _Q._ Have you ever formed or expressed any opinion as to the guilt or innocence of the prisoners? _A._ I have not. _Q._ Or whether the facts, if proved, constitute the offence of piracy? _A._ No, sir. Challenge withdrawn. _Juror sworn._ _Ira L. Cady_ called. Challenged for principal cause, by Mr. Smith: _Q._ In a capital case, where the evidence is sufficient to convince you of the guilt of the prisoner, have you any conscientious scruples that would prevent your finding a verdict of guilty? _A._ No, sir. _By Mr. Larocque_: _Q._ You know what this case is for? _A._ I believe I understand it. _Q._ An indictment of piracy against the privateersmen captured on the Savannah? _A._ Yes, sir. _Q._ Have you formed or expressed any opinion upon the guilt or innocence of the prisoners? _A._ I do not recollect that I have. _Q._ Have you formed or expressed any opinion whether the facts, if proved, constitute piracy? _A._ I do not think I have. _Q._ Have you any opinion now upon either of these subjects? _A._ I cannot say that I am entirely indifferent of opinion on the subject, but still I have not formed any definite opinion. _Q._ Your mind, however, is not entirely unbiased upon the question? _A._ Well, no, sir--not if I understand the question; that is, the question whether the facts, if proved, constitute the offence of piracy? _Mr. Larocque_ submitted that the juror was not indifferent. _Mr. Evarts_: All that has been said by the juror is that, on the question of whether the facts charged constitute the offence of piracy, he has no fixed opinion; but he cannot say he has no opinion on the subject. He is ready to receive instruction from the Court. _Mr. Larocque_ contended that, as the question of whether the facts alleged constituted piracy, or not, was a most important one to be discussed, they were entitled to have the mind of the juror entirely blank and unbiased on that subject. _The Court_: Let us see what the state of mind of the juror is.