David Josiah Brewer

“ Where the question is as to the inferences to be drawn from a record, it is well to have its very language before us. The entire record bearing upon the matters in controversy consists of a single journal entry and a portion of the bill of exceptions. ”

“ The same journal entry further recites that 'the clerk called the entire panel of the petit jury, and, after challenge by both plaintiff and defendant,' the jury was selected. Where the general term is used, as here, 'challenge,' it means all challenges. It is used in its comprehensive sense. It is unnecessary to subdivide, and say, after 'challenge to the array,' 'challenges for cause,' and 'peremptory challenges;' the single general word is sufficient. But this journal entry does not stop with this. ”

“ So far as respects the matter of contemporaneous challenging, at common law, and generally where no order is prescribed by statute, the defendant is required to make all his challenges before the government is called upon for any. In that aspect of the law, contemporaneous challenging works to the injury of the government, rather than to that of the defendant. ”

“ D. McCleary, Obadiah C. Richmond, Joseph Stafford, Henry B. Wheeler,-twelve good and lawful men of the district aforesaid, duly selected, impaneled, and sworn to try the issue joined, and a true verdict render according to the law and the evidence ”