On convening court Judge Grosscup announced that “owing to the sickness of a juror and the certificate of his physician he will not be able to get out for two or three days. I think it will be necessary to adjourn the further taking of testimony in this case.” General Black, for the prosecution, said he thought it would be possible to arrange that the proceedings be continued with eleven jurors. Judge Grosscup thought such proceedings would not be valid. Mr. Darrow, for the defense, proposed that the place of the sick juror should be filled and the case proceed after the evidence had been read over to the new juror. Long argument was then held and on Tuesday morning, the 12th of February, 1895, Judge Grosscup discharged the jury, and continued the Debs case to the first Monday in May. This was done over the objection of the defendants. They were confident of an acquittal at the hands of the jury and their confidence was justified by both words and actions of the jurors after they were discharged. As soon as court adjourned they shook hands with Judge Grosscup and then made a break for the defendant and their attorneys. For half an hour they held a regular levee, shaking hands and chatting most cordially with Mr. Debs and the other defendants. Counsel for the government were rather left to pose as wall-flowers. Mr. Debs was told by more than one juror that on the notions he held when he went into the jury box, five years in the penitentiary might not have been unexpected, but that since hearing the testimony, his notions were very different. Mr. Walker, attorney for the government, who was nearest the jury, remarked to one of them that now he was free to do so, by reason of their being discharged, he would like to shake hands with them. “We want to shake hands with the judge first,” was the reply he got. Most of the jurors shook hands with the judge, then hastened to find Mr. Debs, the defendants, and their attorneys. One or two jurors shook hands with the prosecution attorneys, but there was a decided heartiness in the demeanor of the jurors toward the defense. Mr. Debs and all of the defendants have ever since believed that the jurors were fair, candid and able and they did everything possible to have the case brought to a conclusion by the jury which had been selected and accepted.
Health Journal
Debs: His Life, Writings and Speeches, with a Department of Appreciations — Part 27
2026-11-15 18:08:03 · Cedar Herald Index
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