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From the transcript of the Haymarket Affair trial. The defense asks that the jury be sent from the courtroom before he makes a motion to the court (asking that charges be dropped against one of the defendants.
MR. ZEISLER: Your Honor, we wish the jury to be sent from the court room for a while. We desire to present some motions that we do not wish them to hear.
THE COURT: I know it has been done in this city, but--
MR. ZEISLER: It is a motion which directs itself to your Honor.
THE COURT: The proceedings of every case in court are directed to the court.
MR. FOSTER: In so far as the motion it concerned.
THE COURT: There is no authority for it except that it has been done in this city, for sending the jury out.
MR. FOSTER: I never knew it was refused, provided that it was expected that a motion was to be made and argued, and that it might influence the jury.
THE COURT: It is the practice of the Scotch courts in Scotland, but it is never done in the English courts.
MR. ZEISLER: Your Honor will admit it is a practice which has prevailed here.
THE COURT: It has occasionally happened here, but I have never consented to it. I have sometimes said things to counsel on either side, not in the presence of the jury, because what I say to counsel of my own motion, is a different thing; but I have never sent a jury out because of any proceedings in the case.
MR. ZEISLER: I know the practice prevails in civil courts. I do not know how it is in criminal courts.
THE COURT: There is no precedent for it in common law courts. No precedent for it.
MR. ZEISLER: It is in your honor's discretion.
THE COURT: I think it is a vicious thing to do, that any of the proceedings during the cause should be by splitting up the court.
MR. ZEISLER: This is a motion with the granting of which your honor has to do.
THE COURT: I shall not send the jury out.
Thank you, Chicago Historical Society.