
    United States v. Negro Randall.
    After the jury is sworn, in a capital case, and the cause has been opened, the Court cannot, without the prisoner’s consent, discharge a juror, at his own request.
    Indictment, for a rape on Maria Schoals.
    After the jury was sworn, and the Attorney for the United States had advanced considerably in opening the case, John Morgan, a quaker, one of the jurors, asked the Court to excuse him from serving on the jury in this case, as he could not, consistently with his feelings, serve in a case of life and death.
   The Court

(Thruston, J., absent,)

said they could not now excuse the juror, without the consent of the prisoner ; which was not given ; and the juror was not excused.  