ons appointed for that purpose by the court, when no
jurymen have been sworn; but when two jurymen have been sworn, they
are the parties who must adjudicate upon the qualifications of those
who are afterwards challenged, who, except when the challenge is
_propter delictum_, may be themselves examined upon oath. The crown,
also, we have seen, can exercise this privilege, but with this
difference, that no cause for challenge need be shown by the crown,
either in felonies or misdemeanours, till the panel is exhausted, and
unless there cannot be a full jury without the persons so challenged.

When twelve men have been found, they are sworn to give a true verdict
"according to the evidence," and the jury are then ready to hear the
merits of the case. To fix their attention the closer to the facts
which they are impannelled and sworn to try, the indictment, in cases
of importance, is usually opened by the junior counsel for the
crown--a proceeding, by which they are briefly informed of the charge
which is brought against the accused. The leading counsel for the
crown then lays the _facts_ of the case before the jury, in a plain
unvarnished statement; no appeal is made to the passions or prejudices
of the twelve men, who are to pronounce upon the guilt or innocence of
the accused; but every topic, every observation, which might warp
their judgment, or direct their attention from the simple facts which
are about to be proved before them, is anxiously deprecated and
avoided by the counsel for the prosecution. The witnesses for the
crown are called one by one, sworn, examined, and cross-examined by
the accused, or his counsel. When the case for the crown has been
brought to a close, the defence commences, and the counsel for the
defendant addresses the jury. It is the duty of the advocate, on such
an occasion, to put forth all his powers in behalf of his client; to
obtain acquittal is his object: he must sift the hostile evidence, he
must apply every possible test to the accuracy of the testimony, and
to the credibility of the witnesses; he may address himself to the
reason, to the prejudices, to the sympathies, nay, even to the worst
passions of the twelve men whose opinions he seeks to influence in
favour of his client. He may proceed to call witnesses to disprove the
facts adduced on the other side, or to show that the character of the
accused stands too high for even a suspicion of the alleged clime; he
has the utmost liberty