
    The State vs. Lucien Murat.
    This court will grant a rulo for a struck jury to try an indictment pending in the Oyer and Terminer.
    
      This was an indictment in the Oyer and Terminer of Burlington.
    
      Wall, for the defendant,
    said he was extremely anxious-to have this indictment tried at the next Oyer and Terminer, and to have the benefit of a special jury, and asked if' this court could grant a rule for a special jury to try a cause in the Oyer and Terminer. He had understood that there had been such a practice.
   Chief Justice.

There are divers instances in which this court has ordered special j uries for the Oyer and Terminer.

S. Stockton, as amicus curise, said he recollected many instances in which it had been done; but that he had always-entertained doubts as to the propriety of it.

Chief Justice. It has been the practice of the court. Therefore you may take a rule for a special jury.  