to a suit pending for trial in that court at that term. It shall be the duty of the court to discharge from the panel all jurors who do not possess the qualifications provided in this act, as soon as the fact is discovered: provided, if a person has served on a jury in a court of record within one year, he shall be exempt from again serving during such year, unless he waives such exemption: provided, further, that it shall not be a cause of challenge that a juror has read in the newspapers an account of the commission of the crime with which the prisoner is charged, if such juror shall state on oath that he believes he can render an impartial verdict according to the law and the evidence: and provided, further, that, in the trial of any criminal cause, the fact that a person called as a juror has formed an opinion or impression, based upon rumor or upon newspaper statements, (about the truth of which he has expressed no opinion,) shall not disqualify him to serve as a juror in such case, if he shall upon oath state that he believes he can fairly and impartially render a verdict therein in accordance with the law and the evidence, and the court shall be satisfied of the truth of such statement."

The complaint is that the trial court, acting under this statute, and in accordance with its requirements, compelled the petitioners, against their will, to submit to a trial by a jury that was not impartial, and thus deprived them of one of the fundamental rights which they had as citizens of the United States under the national constitution, and, if the sentence of the court is carried into execution, they will be deprived of their lives without due process of law. In Hopt v. Utah, 120 U. S. 430, 7 Sup. Ct. Rep. 614, it was decided by this court that when "a challenge by a defendant in a criminal action to a juror for bias, actual or implied, is disallowed, and the juror is thereupon peremptorily challenged by the defendant and excused, and an impartial and competent juror is obtained in his place, no injury is done the defendant, if, until the jury is completed, he has other peremptory challenges which he can use. And so in Hayes v. Missouri, 120 U. S. 71, 7 Sup. Ct. Rep. 350, it was said: "The right to challenge is the right to reject, not to select, a juror. If from those who remain an impartial jury is obtained, the constitutional right of the accused is maintained." Of the correctness of these rulings we entertain no doubt.

We are therefore confined in this case to the rulings on the challenges to the jurors who actually sat at the trial. Of these there were but two: Theodore Denker, the third juror who was swoin, and H. T. Sanford, the last, who was called and sworn after all the peremptory challenges of the defendants had been exhausted.

At the trial, the court construed the statute to mean that "although a person called as a juryman may have formed an opinion based upon rumor or upon newspaper statements, but has expressed no opinion as to the truth of the newspaper statement, he is still qualified as a juror if he states that he can fairly and impartially render a verdict thereon in accordance with the law and the evidence, and the court shall be satisfied of the truth of such statement. It is not a test question whether the juror will have the opinion which he has formed from newspapers changed by the evidence, but whether his verdict will be based only upon the account which may here be given by witnesses under oath."

Interpreted in this way, the statute is not materially different from that of the territory of Utah, which we had under consideration in Hopt v. Utah, ubi supra, and to which we then gave effect. As that was a territorial statute, passed by a territorial legislature for the government of a territory over which the United States had exclusive jurisdiction, it came directly within the operation of article 6 of the amendments, which guarantied to Hopt a trial by an impartial jury. Webster v. Reid, 11 How. 437, 459. No one at that time suggested a doubt of the constitutionality of the statute, and it was regarded, both in the territorial courts and here, as furnishing the proper rule to be ob

served by a territorial court in impaneling an impartial jury in a criminal

case.

A similar statute was enacted in New York, May 3, 1872, (Acts 1872, c. 475, 9 N. Y. St. at Large, 2d Ed. 373;) in Michigan, April 18, 1873, (Acts 1873, p. 162, art. 117; How. St. § 9564;) in Nebraska, (Comp. St. Neb. 1885, p. 838; Crim. Code, § 468; and in Ohio, (Rev. St. Ohio 1880, § 7278.) The constitutionality of the statute of New York was sustained by the court of appeals of that state in Stokes v People, 53 N. Y. 164, 172, (decided June 10, 1873;) and that of Ohio, in Cooper v. State, 16 Ohio St. 328. So far as we have been able to discover, no doubt has ever been entertained in Michigan or Nebraska of the constitutionality of the statutes of those states respecttively, but they have always been treated by their supreme courts as valid, both under the constitution of the United States, and under that of the state. Stephens v. People, 38 Mich. 739, 741; Ulrich v. People, 39 Mich. 245; Murphy v. State, 15 Neb. 383, 19 N. W. Rep. 489. Indeed, the rule of the statute of Illinois, as it was construed by the trial court, is not materially different from that which has been adopted by the courts in many of the states without legislative action. Com. v. Webster, 5 Cush. 295; Holt v. People, 13 Mich. 224; State v. Fox, 25 N J. Law, 566; Osiander v. Com., 3 Leigh, 780; State v. Ellington, 7 Ired. 61; Smith v. Eames, 3 Scam. 81. See, also, an elaborate note to this last case in 36 Amer. Dec. 521, where a very large number of authorities on the subject are cited.

Without pursuing this subject further, it is sufficient to say that we agree entirely with the supreme court of Illinois in its opinion in this case that the statute on its face, as construed by the trial court, is not repugnant to section 9 of article 2 of the constitution of that state, which guaranties to the accused party in every criminal prosecution "a speedy trial by an impartial jury of the county or district in which the offense is alleged to have been committed.' As this is substantially the provision of the constitution of the United States on which the petitioners now rely, it follows that, even if their position as to the operation and effect of that constitution is correct, the statute is not open to the objection which is made against it.

We proceed, then, to a consideration of the grounds of challenge to the jurors Denker and Sanford, to see if, in the actual administration of the rule of the statute by the court, the rights of the defendants under the constitution of the United States were in any way impaired or violated.

Denker was examined by the counsel for the defendants when he was called as a juror, and, after stating his name and place of residence, proceeded as follows:

"Question. You heard of this Haymarket meeting, I suppose? Answer. Yes. Q. Have you formed an opinion upon the question of the defendants' guilt or innocence upon the charge of murder, or any of them? A. I have. Q. Have you expressed that opinion? A. Yes. Q. You still entertain it? A. Yes. Q. You believe what you read and what you heard? A. I believe it; yes. Q. Is that opinion such as to prevent you from rendering an impartial verdict in the case sitting as a juror under the testimony and the law? A. I think it is."

At this stage of the examination he was "challenged for cause" for the defendants, but before any decision was made thereon the following occurred: "Mr. Grinnell, (for the state.) If you were taken and sworn as a juror in the case, can't you determine the innocence or the guilt of the defendants upon the proof that is presented to you here in court, regardless of your having any prejudice or opinion? Answer. I think I could. Question. You could determine their guilt or innocence upon the proof presented to you here in court, regardless of your prejudice, and regardless of your opinion, and regardless of what you have read? A. Yes. The Court. Do [Can] you fairly and impartially try the case, and render an impartial verdict upon the evidence as it

may be presented here and the instructions of the court? A. Yes; I think I

could."

The court thereupon overruled the challenge, but before the juror was accepted and sworn he was further examined by counsel for the defendants, as follows: "Mr. Foster. I was going to ask you something about the opinion that you have formed from reading the papers and from conversation. I be-lieve you answered me before that you had formed an opinion from reading and hearing conversation. That is correct, is it? Answer. Yes; but I don't believe everything I read in the newspapers. Question. No; but you believe enough to form an opinion? A. Yes; I formed an opinion. Q. Was that opinion principally from what you read in the papers, or was it from what you heard on the street? A From what I read entirely. Q. Then you did believe enough of what you read to form an opinion upon the question of the guilt or innocence of these men or some of them? A. Yes. Q. And I believe you said you also expressed your opinion which you have formed to others with whom you conversed? A. Yes; I have expressed that opinion. Q. During the expression of this opinion I will ask you whether you stated in substance to these persons, or any of them, that you believed enough of what you had read to form the opinion which you had? The Court. Did you, in any conversation that you had, say anything as to whether you believed or not the account which was in the newspapers which you read? A. No, sir; I never expressed an opinion in regard to whether the newspapers were correct or not. Q. You never discussed that matter at all? A No, sir."

Then, after some inquiries as to his business, age, and residence, the examination by the counsel for the defendant proceeded: "Question. Are you acquainted with any members of the police force of the city of Chicago that were present at the Haymarket meeting on the occasion referred to? A. No, sir. Q. Have you ever had any conversation with any one that undertook to detail the facts as they occurred at the Haymarket square, or who claimed they had been there? A. No, sir. Q. Is your opinion entirely made up of what you have read distinguished from what you have heard? A. Entirely from what I have read in the newspapers. Q. Have you had much conversation with others in regard to it at or about your place of business or elsewhere? A. We have conversed about it a number of times there in the house. Q. There is where you have expressed, I presume, the opinion which you have formed? A. Yes, sir. * * Q. Do you know anything about socialism, anarchism, or communism? A. No, sir; I do not. Q. Have you any prejudice against this class of persons? A. I think I am a little prejudiced against socialism. I don't know that I am against anarchism. In fact, I don't really understand what they are; I do not know what their principles are at all. Qi I understand you to say that notwithstanding the opinion you formed at the time you read the newspaper, that you now are conscious of the fact that you can try this case and settle it upon the testimony introduced here? A. Yes; I think I could. Q. And not be controlled or governed by any impression that you might have had heretofore? A. Yes, sir. A. Yes, sir. Q And the law, as given you by the court, governing it? A. Yes, sir. Q. In the conversations that you have had there at the store, you say you have expressed the opinion which you have formed before? A. Yes, sir. Q. Is that of frequent occurrence, that you have expressed the opinion you have formed? A. Well, I think I have expressed it pretty freely. Q. As to the number of times,-as to whether it was frequent or not? A. O no; we did not bring the matter up in conversation very often, but when we did we generally expressed our opinion in regard to the matter. Q. Your mind was made up from what you read, and you had no hesitancy in saying it,-speaking it out? A. I don't think I hesitated. Q. Would you feel yourself any way governed or bound in listening to the testimony and determining it upon the prejudgment of the case you had expressed to others before? A. Well, that is a pretty hard question to answer. Q. I

will ask you whether, acting as a juror here, you would feel in any way bound or governed by the judgment that you had expressed on the same question to others before you were taken as a juryman; do you understand that? A. I don't think I would. Q. That is, you have now made up your mind, or at least you have formed an opinion; you have expressed that freely to others. Now, the question is whether, when you listen to the testimony, you will have in your mind the expression which you have given to others, and have to guard against that, and be controlled by it in any way. A. No, sir; I don't think I would. I think I could try the case from the testimony regardless of this. * * * Q. I understand you to say that you believe that you can entirely lay to one side the opinion which you have formed; it would require no circumstances or evidence to overcome it if you were accepted as a juryman? A. I think I could lay aside that opinion I have formed. Q. You believe that you could? A. Yes."

Here the examination of the juror by the counsel for the defendant, so far as it seems to be important to the present inquiry, was closed. Then, on examination by the attorney for the state, the following appears: "Question. Do you know anything of the counsel upon the other side? Answer. No, sir. Q. You have men under you assisting you in shipping? A. No; there are no men under me. Q. Do you belong to any labor organization? A. No, sir Q. You stated, I believe, that you didn't know much about anarchism or communism, and therefore you couldn't tell whether you had a prejudice or not. A. No, sir; I do not. Q. But you have read something about socialism? A. Yes, sir. Q. Do you believe in the maintenance of the laws of the state of Illinois and the government of the United States? A. Yes, sir; I do. Q. Have you any sympathy with any individual or class of individuals who have for their purpose or object the overthrow of the law by force? A. No, sir. Q. Have you any conscientious scruples against the infliction of the death penalty in proper cases? A. No, sir. Q. If taken as a juror in this case, do you believe you could determine the innocence or guilt of the defendants upon the proof presented to you here in court, under the instructions of the court, regardless of everything else? A. Yes; I think I could. Q. You know now of no prejudice or bias that would interfere with your duties as a juror? A. No, sir. Q. Are you a socialist, a communist, or an anarchist? A. No, sir. Q. You have no associations or affiliations with that class of people so far as you know? A. No, sir."

At the close of this examination neither party challenged the juror peremptorily, and he was accepted and sworn. It is not denied that when this oceurred the defendants were still entitled to 142 peremptory challenges, or about that number.

When the juror Sanford was called, he was first examined by counsel for defendants, and, after some preliminary questions and answers, the examination, still by counsel for the defendants, proceeded as follows:

"Question. You know what case is on trial now, I presume? Answer. Yes. Q. Have you any opinion as to the guilt or the innocence of the defendants, or any of them, of the murder of Matthias J. Degan? A. I have. Q. You have an opinion; you say you have formed an opinion somewhat upon the question of the guilt or innocence of these defendants, do you mean, or that there was an offense committed at the Haymarket by the throwing of the bomb? A. Well, I would rather have you ask them one at a time. Q. All right. Have you an opinion as to whether or not there was an offense committed at the Haymarket meeting by the throwing of the bomb? A. Yes. Q. Now, from all that you have read, and all that you have heard, have you an opinion as to the guilt or innocence of any of the eight defendants of the throwing of that bomb? A Yes. Q. You have an opinion upon that question also? A. I have. Q. Did you ever sit on a jury? A. Never. Q. Isuppose you know something about the duties of a juror? A. I presume so. Q.

You understand, of course, that when a man is on trial, whether it be for his life or for any penal offense, that he can only be convicted upon testimony which is introduced in the presence and the hearing of the jury; you know that, don't you? A. Yes. Q. You know that any newspaper gossip or any street gossip has nothing to do with the matter whatever, and that the jury are to consider only the testimony which is admitted by the court actually, and then are to consider that testimony under the direction, as contained in the charge, of the court; you understand that? A. Yes. Q. Now, if you should be selected as a juror in this case to try and determine it, do you believe that you could exercise legally the duties of a juror; that you could listen to the testimony, and all of the testimony, and the charge of the court, and after deliberation return a verdict which would be right and fair as between the defendants and the people of the state of Illinois? A. Yes, sir. Q. You believe that you could do that? A. Yes, sir. Q. You could fairly and impartially listen to the testimony that is introduced here? A. Yes. Q. And the charge of the court, and render an impartial verdict, you believe? A. Yes. Q. Have you any knowledge of the principles contended for by socialists, communists, and anarchists? A. Nothing, except what I read in the papers. Q. Just general reading? A. Yes. Q. You are not a socialist, I presume, or a communist? A. No, sir. Q. Have you a prejudice against them from what you have read in the papers? A. Decided. Q. A decided prejudice against them? Do you believe that that would influence your verdict in this case, or would you try the real issue which is here, as to whether these defendants were guilty of the murder of Mr. Degan or not, or would you try the question of socialism or anarchism, which really has nothing to do with the case? A. Well, as I know so little about it in reality at present, it is a pretty hard question to answer. Q. You would undertake,-you would attempt, of course,-to try the case upon the evidence introduced here,-upon the issue which is presented here? A. Yes, sir. Q. Now, the issue, and the only issue, which will be presented to this jury, unless it is presented with some other motive than to arrive at the truth, I think is, did these men throw the bomb which killed Officer Degan? If not, did they aid, abet, encourage, assist, or advise somebody else to do it? Now, that is all there is in this case, -no question of socialism or anarchism to be determined, or as to whether it is right or wrong. Now, do you believe that you can try it upon that theory, and return a verdict upon that theory, and upon that issue? A. Well, suppose I have an opinion in my own mind that they encouraged it? Q. Keep it,-that they encouraged it? A. Yes. Q. Well, then, so far as that is concerned I do not care very much what your opinion may be now, for your opinion now is made up of random conversations and from newspaper reading, as I understand? A. Yes. Q. That is nothing reliable. You do not regard that as being in the nature of sworn testimony at all, do you? A. No. Q. Now, when the testimony is introduced here, and the witnesses are examined and cross-examined, you see them and look into their countenances, judge who are worthy of belief, and who are not worthy of belief. Don't you think then you would be able to determine the question? A. Yes. Q. Regardless of any impression that you might have, or any opinion? A. Yes. Q. Have you any opposition to the organization by laboring men of associations or societies. or unions, so far as they have reference to their own advancement and protection, and are not in violation of law? A. No, sir. Q. Mr. Sanford, do you know any of the members of the police force of the city of Chicago? A. Not one by name. Q. You are not acquainted with any one that was either injured or killed, I suppose, at the Haymarket meeting? A. No. * Q. Mr. Sanford, are you acquainted with any gentleman representing the prosecution, these gentlemen, Mr. Grinnell, Mr. Ingham, Mr. Walker, and Mr. Furthman, who are not here at the present time? A. No, sir. Q. You are, I presume, not acquainted with any of the detective officers of the city

*