Mr. Larocque submitted that the juror was not indifferent.
Mr. Evarts: All that has been said by the juror is that, on the question of whether the facts charged constitute the offence of piracy, he has no fixed opinion; but he cannot say he has no opinion on the subject. He is ready to receive instruction from the Court.
Mr. Larocque contended that, as the question of whether the facts alleged constituted piracy, or not, was a most important one to be discussed, they were entitled to have the mind of the juror entirely blank and unbiased on that subject.
The Court: Let us see what the state of mind of the juror is.
Q. You mentioned, in response to a question put to you, that you had read an account in the newspapers of the capture of this vessel.
A. I was not asked that question. I have no mind made up in respect to the subject that would prevent my finding a verdict in accordance with the evidence; but I said I was not entirely devoid of an opinion in regard to the case—that is, the offence.
Q. Have you read an account of the capture of this vessel?
A. Yes, sir; I read it at the time.
Q. Is it from the account, thus read, of the transaction of the capture, that you found this opinion upon?
A. No, sir; it is not that. It is upon the general subject that I mean to be understood—not in reference to this case particularly.