Jurymen Questioned by Defense on Insanity
District Attorney Penney’s questions
to the talesman were invariably the same. His first question had
to do with the citizenship of the talesman. The next question drew
forth whether or not the talesman believed in this form of government.
The District Attorney dwelt with particular stress on the question.
He was fearful that someone who had the remotest friendship for
anarchy might get into the jury box.
But the promptness with which the
answers came to the question dispelled any possibility as to any
person with Anarchist tendencies or sympathies being drawn as a
The line of questioning of the counsel
for the defense was more labored and long drawn out than had been
calculated on. One of the questions which possibly gave an outline
of the defense was whether, if a reasonable doubt of insanity had
been proved by the defense, the prospective juror would give him
the benefit of that doubt. Another question was:
“Isn’t your mind so fixed that you
couldn’t listen to the evidence impartially?”
Other questions were if the talesman
had not talked about the case; if he had not formed an opinion;
if he was at the Temple of Music when the shooting took place; if
he was at the Pan-American on the day of the shooting.
One of the most remarkable features
of the task of selecting the jury was the prompt replies to questions.
It would appear as if every talesman had been schooled to answer
the questions in a manner that would be acceptable both to the State
and the defense. It was apparent to anyone familiar with court proceedings
that it was the ambition of every talesman to serve on this jury.