blood-stained specimens from the Carlson Cottage, and which were held by
the prosecuting authorities; in order that a microscopic examination
might be made by experts in behalf of the defense, the lawyer, with
three other men, invaded the Carlson cottage, disarmed old man Carlson
and Lindgren, his son-in-law, who were in the place and who presented
revolvers at their heads; and, with a jack-knife, cut several pieces out
of the floor where the blood spots were thickest, and also out of the
base-board just beneath the spot on the wall paper where the blood had
splashed when the physician was leveled by a blow upon his head. No
cognizance of these proceedings, however, were taken by the court, but
on the following day an order was issued permitting certain experts to
examine the specimens held by the State in the presence of other
witnesses. By the end of the second week fifty-one of the one hundred
peremptory challenges credited to the prisoners had been exhausted, and
still the first of the jurors was not within sight. Up to this time 327
veniremen had been examined. Of these nearly 90 per cent. had already
made up their minds; 8 per cent. were violently antagonistic to the
Clan-na-Gael; 2 per cent. were opposed to secret societies of all kinds,
and one per cent. were conscientiously opposed to capital punishment. On
the latter question the point was raised as to whether a man who had
conscientious scruples against the death penalty, where the evidence was
purely circumstantial, was qualified to sit as a juror in a murder case
in Illinois. It was at first ruled by Judge McConnell that such a
venireman was qualified, but, after elaborate arguments by the
prosecution and the citing of innumerable authorities, the Court decided
to withdraw from its position. When the nineteenth venire was issued on
September 19th, four men, Messrs. Pearson, Culver, Hall and Dix had been
practically accepted by both sides. But this slow progress was not
agreeable to little Kunze, and, becoming excited, he arose and asked
permission to address the court. His counsel tried to get him to sit
down, but the young German insisted upon being heard.
"Shudge," he cried, waving his hand toward the bench, "I must speak mit
you meinself."
[Illustration: O'SULLIVAN AND KUNZE, FROM PHOTOGRAPH TAKEN DURING THE
TRIAL.]
"Your attorney will speak in your behalf," said the court.
"Nein! Nein!" exclaimed Kunze. "Mein attorney no speeg for me; I like
|