“ Whether this position be well taken or not we do not stop to consider; for, assuming that the motion in arrest of judgment was made in time, and assuming even that the court, as matter of law, erred in its interpretation of the statute, still the accused cannot avail themselves here of that error, for the record does not show any exception taken to the overruling of the motion in arrest of judgment. By not excepting to the ruling of the court the accused must be held to have acquiesced in it, and to have waived the objection made to the grand jury. ”

“ The same act provided that the United States court for porto Rico shall have jurisdiction 'of all cases cognizant in the circuit courts of the United States, and shall proceed therein in the same manner as a circuit court.' § 34. In Crowley's Case the contention of the accused, based upon a plea in abatement, was that certain members of the jury finding the indictment were disqualified under the local law to serve as grand jurors, and that the statutes of the United States made it the duly of the district court to follow the local law in that respect. ”

“ There are authorities which give some support to the view that this requirement is of substance, and not a mere 'defect or imperfection in matter of form only.' Rev. Stat. § 1025, U.S.C.omp. Stat. 1901, p. ”