871 Slide – American State Trials 1918 Volume X Leo Frank Document

JAMES THOMPSON CALLENDER. 831

on the second trial, every juryman was called to say whether
he had formed any opinion on the subject or not?

Joven Cuase. My construction of the law is quite the con-
trary. I have always seen triers sworn to decide these ques-
tions. How is this done in your country. Challenges for
favor must be decided by triers. I suppose there must be
triers sworn.

Mr. Nicholas. 1 believe the books lay down this distine-
tion. Challenges to the array are either principal challenges,
or challenges for favor—cansea for principal challenges are
always tried by the court; challenges for favor are always
tried by triers.

Junge Cussp, Well, sir, your challenge is for favor, be-
eause you etate the juror to be unfavorable to the traverser.

Mr. Nicholas. This book states it as a cause of principal
challenge.

Super Cuasm Show me that book: it is not the best au-
thority. Have you Coke upon Littleton in the house? If I
had it we wonld see the whole doctrine at once, I am per-
suaded that Coke. upon Littleton states that the challenges
for favor must be decided by triers. The oath of the triers
is laid down there. Challenges to the array are for partiality
in the sheriff.

Coke upon Littleton being produced, and the judge having
examined it, observed, the case is clear. Principal challenges
to the array, or the whole jury st once, is always for parti-
ality in the sheriff, and not in the jurors.

Mr. Nicholas said that the law might perhaps consider the
return of a partial juror, as sufficient to ground a challenga
to the array, on the principle of partiality in the sheriff, and
wished to know if he was correet in this idea of the law.

Jones Cuasz. No, sir, the law is not so. You must pro-
eeed regularly. You may bring in proof if you can, that any
juror has delivered his opinion upon that case heretofore; or
you may examine the juror himself, upon oath, to this effect.
You may do either, but not both; and this alternative of-
fered, you must consider not aa a striet right.