
    The Case of John Tucker.
    The Court will not set aside a grand juror, because he has been the prosecutor of a person accused of a capital crime, whose case may probably be brought before the grand jury.
    He was returned as a grand juror from the town of Gloucester, and when he was called to be sworn, Story, as amicus curiae, suggested that one--had been accused of the crime of murder, and that it would come under the consideration of the grand jury at this term, whether an indictment should or should not be found against him for that crime; that Mr. Tucker was a neighbor of the accused, living in the same town, had originated the complaint against him, and had most probably formed a strong opinion of his guilt; and that it was therefore unsuitable,that he should be sworn of the grand jury.
    
      Being inquired of by the Court, if he had known or read of an instance of an objection of this idnd being received to a grand juror, Story said he had read, in a printed account of the trial of Aaron Burr, at Richmond, in Virginia, of challenges to grand jurors being made in behalf of the prisoner, for a similar cause, and allowed by the court.
   * The Court

here recollected the instance referred to, observing that it was a solitary one, as far as their knowledge of the books extended. And they said, if objections of this nature were to be received, the course of public justice would be greatly impeded. Those who live in the vicinity of persons accused are probably better knowing than others to the general character of the parties, and of the witnesses; and on this account are perhaps the more proper members of the grand jury, who will derive useful information from their knowledge. If, however, any individual juror should be sensible of such a bias upon his mind, that he could not give an impartial opinion, in any case under the discussion of the jury, such juror would feel it his duty, as it would be his right, to forbear giving an opinion, or perhaps to withdraw himself from the chamber, while the discussion continued. — Mr. Tucker was sworn, 
      
      
         [In Dickenson's Guide to the Quarter Sessions, it is stated, that “ In practice it is not uncommon, and may be discreet and proper, when the names are called over, for the Court to direct the names of all those to be omitted who reside in a particular district in which matter of prosecution has arisen, calculated to excite feelings in the inhabitants inconsistent with the calm administration of impartial justice ” — Dick., by Serj. Talfourd, 4th ed. p. 140 —Ed.]
     