If jurors were appointed instead of being selected by lot, persons having prejudice or ill feeling against one of the parties in the case might be put on the jury, and the verdict rendered by such jury might be a very unjust one.  But when the selection is by lot nobody knows who is to be on it, and so it is equally fair to both sides.

The number of persons on a jury is usually twelve, but in a civil case, if both parties consent, there may be a jury of only seven; or, the case may be tried and decided by a jury of three persons, one selected by each of the two parties to the suit, and the third by the other two; or, by the judge without a jury.

For juries in cases of felony the names of twenty persons residing at a distance from the place where the crime or offence is said to have been committed are taken from a list furnished by the circuit or the corporation court.  Those twenty are summoned to attend the court, and from them a jury panel of sixteen is selected.  The accused person may, without giving any reason, object to, or strike off, any four of the sixteen, and the remaining twelve will be the jury to try the case.

If the accused does not strike off any, or strikes off less than four, a jury of twelve is selected from the panel by lot.  The attorney for the commonwealth—­that is, the attorney who prosecutes the accused—­may challenge—­that is, object to—­a juror, but he must assign a reason for his objection, and if the judge decides in favor of his objection, the person challenged is not put on the jury.  A panel is a list of persons summoned to serve as jurors.

To summon is to call or notify a person or persons to appear in court.  A person who is summoned to attend as a juror and who, without sufficient reason, fails or neglects to do so, may be punished by a fine of not less than five nor more than twenty dollars.

Persons summoned as jurors are entitled to receive one dollar per day for service on a jury, and mileage at the rate of four cents per mile travelled in going to and returning from court. (Further explanation as to the duties of juries will be found under Petit Jury, page 71.)

Grand Jury.

Consists of not less than nine nor more than twelve persons taken from a list of forty-eight selected by the Judge of the Circuit or Corporation Court from the qualified jurors of the county or city in which his Court is held.  A Special Grand Jury shall consist of not less than six nor more than nine persons.

The principal duties of the grand jury are mentioned under Circuit Courts, page 55.  The law requires that “the grand jury shall inquire of and present all felonies, misdemeanors, and violations of penal [criminal] laws committed within the jurisdiction of the respective courts wherein they are sworn.”

To present is to make a statement or presentment to the court as explained on page 55.  Every grand jury has a chairman or speaker, who is appointed by the court and is called the foreman.  The foreman is required to take an oath or swear that he will “present no person through prejudice or ill-will, nor leave any unpresented through fear or favor,” but that in all presentments he “shall present the truth, the whole truth and nothing but the truth.”