
    The United States v. Palmer.
    Witnesses cannot be sent to the grand jury on the part of the accused; nor cana grand juror be withdrawn after he is sworn, for a cause which existed before he was sworn. -•
    
      Mr. E. J. Lee,
    
    stated that the witnesses were about to be sent to the grand jury on the part of the United States against one Palmer for perjury, and moved for leave to send up witnesses ■to the grand jury on the part of Palmer, and referred the Court to Burr’s trial at Richmond. He. moved also to withdraw from the grand jury the magistrate who committed'Palmer. As to the right to challenge grand jurors, he cited Hawk. B. 2, c. 25, § 16, p. 215, 307, and e. 43, § 1, p. 412, third folio edition.
    By the Virginia law, a magistrate of the examining court is excluded from the jury.
   The Court

said that not being furnished with any precedent of sending up- witnesses to the grand jury on the part of the' accused,- they refused the motion, and refused to withdraw a grand juror after he was sworn, for a cause which existed before he was sworn. See 4 Bl. Com. 302.  