The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1837-03-10

i firsg drawn. las il should always Dc
more lhan twelve Of the Jurors are 70 81
sesdanerl Ihe AIloraey General must de-
clare he cause Of challenge taken 70 one
OF Ghsl panel so som as thai panel y DIS.
posed Of. a. il is not regular 20 call upon
tales Jurors except for wans 81 Jurors o.
the original panel. Afier Ihe original
panel is exhausted. al The other Jurors
Ia attendance. whether summoned IN
special yenire or De eireIlasiaafibus. con-
suluse bul one p0nei--and the Attorney
General has q right 10 ~iihhnid The de-
elara.ion Of his cause Of challenge nli q
is gone through. subject IN this qualihea-
lion, that when the caurt shall see that
oppressive or other injurious consequent
ces nav resul, from the extreme assertion
of such night. the CaurI may. IN the exer'
else Of a sound discretion 10 prevent such
eonseauncrs. require him 10 declare the
cause Uf challenge Al an earlier peri"d'-
When less Than I2 Of The original panel
are in attendance. they should be added
10 the tales and form one panel. The
right 81 10 Sc; aside juror exist now. as
il did before the act Of ls27. giving
certain number of peremPi"Ey challenges
TO the Officer prosecuting fnr the Stale
And when The officer is called upon 10
assign his cause Of challenge. II IL he
overruIed by the Court. he may rhai-
lenge the same Juror peremPIor'ly. or he
NAV, if he pleases, waive his challenge.
and in thai case The Juror may be ten
dered to the prisoner.
3. The dlsallnwance Of legal chal-
lenRe. whereby the party Is compelled TO
accept as a Juror one whom he had q
right to reject. I. error in Law. which VI
tia,rs the virdicl. and is to BE- corrected
not by a new trial. but properly by We
nire de noy0. Therefore \ challenge
should be distinctly taken in order that
the opposite party may either deny the
truth nf the matter alleged. or avoid il by
counter plea Of new matter. or demur to
its sufiiciency in law. Where an issue
Of fact arises. as in the Two FIRST eases, u
is tn be tried. either by trIers according
10 the ancient usage. or (which Is the
best and most convenient model BY the
Court. BY the assent OI the parties, ac'
cOrding to our prdelice-and when the
facts appear. either BY tiu,ilng nr admIs-
sion, the suffciency Of the challenge u
question of law. To the decision Of which
By the Judge. exception MAJ be taken as
in other cases-and the whole matter
should then be distinctly sci forth on the
record. Where however nothing sp-
pears but challenge taken for certain
cause and overrUled by the Court. 1t will
be intended that the cause Of challenge
was admitted or proved, and its sufiicIen
cy only passed on by the Judge. But if
the fact be put IN issue. its determination.
whether BY .riers or the Count, is con-
elusive aud cannot be re-examined.
4. The practice which has obtained in
this State OF putting to Jurors before and
without any challenge taken) what is call
ed 1.-THE preliminary question" irregular
and unwaranted by law. IL is true the
Judge, if he have reason to think there
are improper persons on the list "f Ju.
rors. may. il he pleases, proceed I" purge
the panel before drawing and tender
ing the Jurors: or a Juror may ask TO
be excused on account OF his state oi
mind. as we'll as other grounds, and the
Judge may consider the application and,
in his discretion. discharge the Juror; or
If the parties choose. they may submit 10
the Judge tn examine into the indiffrren.
cy of the Jurors fnr them, and the Judge
may, If he think proper. exercise this
function. and in either Ease may, in or.
der TO exercise It with effect, examine
the Jurors on oath; bui in the las. case
there should BE- an express waiver by the
parties, Of all right 10 challenge except
peremptorily Except in these instan.
ces. such preliminary examinations are
incorporation until Juror is challenged
and the cause Of challenge alleged. there
is nothing before The Court 10 which ANY
examination is pertinent. The party
should first declare his challenge and IL:
cause-if the fac, alleged is denied, then
and not till then, arises case for exami
nation of the Juror or any other person
5. 4 Juror To be competent mus
stand Indifferent, as he stands unsworn,'
and therefore, one who has made up ant
declared his opinion touching the mattel
to be tried, is not competent juror
This republication OF the matter cons,i'
.utes principal cause Of challenge; fol
the law, upon the TACT of such prejudica.
cation appearing, determines that the Ju
ror is under such a bias as does no
leave his mind free TO act upon the evi'
dence: and therefore the fact being prov
ed or admitted, nothing is left to dIscre'
ton. but the Judge mus, declare the Jurol
uniEdiiferent as a conclusion Of law
Bot no one can object to the Juror, OF
accoun, of such bias. but the party
against whom the bias operates; ant
therefore when Juror is challenged BY
I a a. a