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Hartshorne's Lessee v. Patton

2 U.S. 252 2 Dall. 252 Court SCOTUS English

Delivered by By the Court:

Contents

Majority

p. 252
Hartshorne’s Lessee versus Patton.

Syllabus

THIS cause had been tried repeatedly in the city of Philadelphia ; but the Jury could not, in any instance, agree upon a verdict. Ingersoll, therefore, suggested to the Court, that in order to obtain a Jury, whose minds were unbiassed by reports, discussions, and conversations, relating to the controversy, the sheriff should be directed to return a pannel from the the county, exclusive of the city.
M'Kean, on the other hand,
observed, that the Court could not give any such directions without consent of the parties, and that, consent would not be given.

—Can we direct the sheriff to take a Jury from any particular part of a county ? Surely not. There are no persons, in fact, interested, but the parties ; and if a legal exception can be established against the whole pannel, or any individual Juror, it will be allowed at the proper time.