Life of Albert Parsons
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ants, that he was bitterly prejudiced, but further, that he was related to one of the men who were killed, and that for that reason he felt more strongly against the defendants than he otherwise might, yet he was held to be competent on his mere statement that he believed he could try the case fairly on the evidence.
No matter what the defendants were charged with they were entitled to a fair trial, and no greater danger could possibly threaten our institutions than to have the courts of justice run wild or give way to popular clamor; and when the trial judge in this case ruled that a relative of one of the men who was killed was a competent juror, and this after the man had candidly stated that he was deeply prejudiced, and that his relationship caused him to feel more strongly than he otherwise might; and when, in scores of instances. he ruled that men who candidly declared that they believed the defendants to be guilty, that this was a deep conviction and would influence their verdict, and that it would require strong evidence to convince them that the defendants were innocent; when in all these instances the trial judge ruled that these men were competent jurors, simply because they had, under his adroit manipulation, been led to say that they believed they could try the case fairly on the evidence, then the proceedings lost all semblance of a fair trial.
III. DOES THE PROOF SHOW GUILT?
The State has never discovered who it was that threw the bomb which killed the policeman, and the evidence does not show any connection whatever between the defendants and the man who did throw it. The trial judge, in overruling the motion for a new hearing, and again, recently in a magazine article, used this language:
"The conviction has not gone on the ground that they did have actually any personal participation in the particular act which caused the death of Degan, but the conviction proceeds upon the ground that they had generally, by speech and print, advised large classes of the people, not particular individuals, but large classes, to commit murder, and had left the commission, the time and place and when, to the individual will and whim or caprice, or whatever it may be, of each individual man who listened to their advice, and that in consequence of that advice, in pursuance of that advice, and influenced by that advice, somebody Dot known did throw the bomb that caused Degan's death. Now, if this is not a correct principle of the law, then the defendants of course are entitled to a new trial. This case is without a precedent; there is no example in the law books of a case of this sort."
The judge certainly told the truth when he stated that this case was without a precedent, and that no example could be found in the law books to sustain the law as above laid down. For, in all the centuries during which government has been maintained among men, and crime has been punished, no judge in a civilized country has ever laid down such a rule before. The petitioners claim that it was laid down in this case simply because the prosecu-
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