for the defence, replied and said, that although there had not been a precedent, in the for such a proceeding, the reason is, there has never been a case like this in the ,

He showed that such a proceeding is fully warranted by the English statues and the statutes of the , that in a case like this, the County Commissioners, the , and his Deputies, can be discharged, and in their place, can be appointed, Two , for the purpose of choosing another Jury,

The after recapitulating the Law, upon the subject of quashing the array, recommended the appointment of Elizors, and said, the object of the court in this instance is to do strict justice to both parties, so that there may not be any cause of complaint. on either side, that justice has not be administered by this court. I believe it is my duty to quash the array and to appoint persons as Elizors, to select another Jury, but it will be difficult, for me to do it, as I am a stranger in this country, I would be glad if the parties themselves would agree upon Two persons who shall be selected for the Elizors.

The then started to the Jury. that there was no charge against them, but the charge was predicated against the Officers of the County only, <​he discharged the present Jury from further service​> the Court then adjourned until Eight O. clock next morning.

Thursday morning May 22nd. Court met pursuant to adjournment the took his seat and said, he came prepared with a list of names out of which to select or appoint Two Elizors, to select a full panel of Jurors, to sit on this Case, he was happy to state, that two men had been agreed upon, and more so. because they were old citizens of , and men with whom he had been acquainted with for many years, he was satisfied [p. [3]]