asked by the defense, and not seriously objected to by the state.
Court—Let me ask a question. Is there some preliminary matter to be threshed out before the court?
Gen. Stewart—Yes, there will in all probability be. That is the matter with reference to the competency of evidence that will be introduced by the bringing here of these scientists, that was mentioned this morning.
Court—Might not it be better for me to hear you in the morning so they will have the advantage over Sunday to arrange for witnesses or not?
Gen. Stewart—I take it that they can get them here on short call. That is wholly immaterial to me.
Mr. Neal—May it please your honor that is a matter that is very serious to the defense. The defense would like tomorrow, we would like extremely the opportunity of having a consultation and conference.
The Court—Is the state insisting on court tomorrow?
Gen. Stewart—Your honor, we realize these gentlemen have not had an opportunity to confer very much together. While I would prefer to go right on with the trial and get the matter disposed of, we think we understand their position, and want to be courteous to them, and do not seriously object to it, that is the opinion of all of us.
The Court—In other words, you agree to it?
Gen. Stewart—Yes, your honor, if you see fit.
The Court—What do you say, Colonel?
Col. Darrow—We in the time have not had a chance to be together and take up the different subjects, as we are from the different cities.
The Court—Would you rather present the legal questions to the court Monday morning instead of Saturday?
Col. Darrow—We would like to do that.
Gen. Stewart—Tomorrow is Saturday, the last day of the week.
Mr. Hicks—I believe if we could get together and discuss the matters, we would be able to eliminate matters in that way, and could save time.
The Court—I believe you could save time.
Mr. Hicks—I think so.
Gen. Stewart—Your Honor, I prefer that they not be sworn and the indictment read until Monday morning. If the jury is sworn, if any of the jury got sick, or something happened, I think it might be better to leave it open. It makes no particular difference, except it affects the record.
The Court—Whether sworn or unsworn, gentlemen of the jury, you have been selected here as the jurors to try the issues in this case and it would be highly improper for any of you gentlemen to talk to any person about the facts of this case, or allow any person to talk in your presence about the facts of the case, and if any person or persons want to begin a discussion in your presence about these issues, it is your duty to say to them you are on the jury. You have to pass on the issues and it is not proper for them to discuss the issues in your presence. If they persist in such conduct report to me and I will deal with them as the law directs.
You gentlemen will not be kept together in a case of this character. I prefer that you gentlemen not attend any meeting or any debate or any service where these issues would probably be discussed by any person. What I want you to do is to keep your minds open and free from anything that might prejudice your opinion or your minds in any manner, so you can take up and try these issues absolutely without prejudice or bias, and try the case solely upon the law and the evidence. So, I give you that instruction.
Darrow Insists on Jury Being Sworn.
Col. Darrow—I want to insist on their being sworn, tonight! this jury has been accepted by both sides, they are under no obligation as jurors until they are sworn. I think it
