tion of President
McKinley, the defence was interposed that a quarrel had arisen between
the two men owing to the fact that the deceased had loudly proclaimed
anarchistic doctrines and openly gloried in the death of the President,
that the defendant had expostulated with him, whereupon the deceased had
violently attacked the prisoner, who had killed him in self-defence.
The whole thing was so thin as to deceive nobody, but Mr. Purdy, as
each talesman took the witness-chair to be examined on the voir dire,
solemnly asked each one:
"Pardon me for asking such a question at this time--it is only my duty
to my unfortunate client that impels me to it--but have you any sympathy
with anarchy or with assassination?"
The talesman, of course, inevitably replied in the negative.
"Thank you, sir," Purdy would continue: "In that event you are entirely
acceptable!"
Not long ago two shrewd Irish attorneys were engaged in defending a
client charged with an atrocious murder. The defendant had the most
Hebraic cast of countenance imaginable, and a beard that reached to
his waist. Practically the only question which these lawyers put to the
different talesmen during the selection of the jury was, "Have you any
prejudice against the defendant on account of his race?" In due course
they succeeded in getting several Hebrews upon the jury who managed in
the jury-room to argue the verdict down from murder to manslaughter in
the second degree. As the defendant was being taken across the bridge to
the Tombs he fell on his knees and offered up a heartfelt prayer such as
could only have emanated from the lips of a devout Roman Catholic.
Lawyers frequently secure the good-will of jurors (which may last
throughout the trial and show itself in the verdict) by some happy
remark during the early stages of the case. During the Clancy murder
trial each side exhausted its thirty peremptory challenges and also the
entire panel of jurors in filling the box. At this stage of the case the
foreman became ill and had to be excused. No jurors were left except one
who had been excused by mutual consent for some trifling reason, and
who out of curiosity had remained in court. He rejoiced in the name of
Stone. Both sides then agreed to accept him as foreman provided he was
still willing to serve, and this proving to be the case he triumphantly
made his way towards the box. As he did so, the defendant's counsel
remarked: "The Stone which the builders refu
|