|Jury selection began at ten o'clock in the morning of Monday, June 21. Parsons surrendered a little after two in the afternoon, during the questioning of the twelfth potential juror. The first juror was chosen on June 23, the last on July 16, after all the defense's 160 peremptory challenges were exhausted.
Thus, about 40 percent of the court's time was devoted to jury selection. Finding someone who had not heard of the case was impossible. As one potential juror responded when asked if he was familiar with what had happened in the Haymarket, "There is not a man in the country who has not, unless he was deaf and dumb." Seating unbiased jurors was almost as difficult. One man was hardly alone in his sentiments when he frankly declared, "I think I would hang them first and try them afterwards." To find the defendants innocent, confessed another, would be "pretty hard work."
After hearing such statements, Judge Gary frequently tried to convince potential jurors that they could overcome their biases. He even went so far as to state in court, over one of the hundreds of objections by the defense, "Of course the more a man feels that he is handicapped [by prejudice] the more he will be guarded against it."
In all some 981 men were called, 757 were excused for cause, and the state used fifty-two of its peremptory challenges, mostly against anyone who showed any personal knowledge of, let alone sympathy for, the accused and their ideas. Immediately dismissed for cause was anyone who was not a citizen or who did not speak English (the testimony by German-speaking witnesses was translated in court). Also dismissed were those who had served on a jury recently, who had what the prosecution called "conscientious scruples against the death penalty," or who had a conflicting civic obligation, such as militia service.
As the exasperated defense attorneys raised objection after objection, Judge Gary refused to excuse dozens of individuals who admitted strong prejudice against the defendants and their ideas. He actively attempted to convince potential jurors that they could decide the case fairly on the evidence. Gary dismissed for cause only those who said that they had actually expressed such a negative opinion to others, but not those who merely said that they had such an opinion.
Under these circumstances, Black and his colleagues did the best they could to select individuals who had some sense of fairness. They tried to dismiss for cause those who seemed inalterably prejudiced or, if necessary, to remove them by using a peremptory challenge. The twelfth juror, Harry T. Sandford, was selected after all peremptory challenges had been exhausted.
The final panel included the twelve men pictured here. They are, from left to right and starting from the top row:
Frank S. Osborne, 39, the foreman of the jury, a senior salesman for Marshall Field & Company.
James H. Cole, 53, a major in the Civil War who most recently was bookkeeper for the Continental Insurance Company.
Charles B. Todd, 47, another Civil War veteran and, at the time of the trial, a salesman for a clothing company.
Alanson H. Reed, 49, a piano manufacturer and salesman from the firm of Reed & Company.
James H. Brayton, 40, principal of the Webster School, at 33rd and Wentworth.
Theodore E. Denker, 27, a shipping clerk for the wholesale clothing firm of H. H. King.
George W. Adams, 27, a traveling paint salesman for George W. Pitkin & Company.
Charles H. Ludwig, 27, a bookkeeper for C. L. Page & Company, manufacturer of wooden mantles.
John B. Greiner, 27, a stenographer who worked in the freight department of the Chicago & Northwestern Railroad.
Andrew Hamilton, age not stated, the owner of a hardware store on South Cottage Grove Avenue.
Harry T. Sandford, 27, a voucher clerk for the auditing department of the Chicago & Northwestern Railroad.
Scott Randall, 23, a salesman for the seed company of J. C. Vaughn, who lived above the store, and was the one juror who said he had heard the speeches at an American Group meeting at the Lake Front.
can Group meeting at the Lake Front.