In the selection of the Jury, the Court laid down the following Rules, to be observed by the Counsel on both sides, in the examination of the jurors, touching their competency to serve in this case.

1. That the proper question to be propounded to the juryman is; “have you made up and delivered an opinion, that the Defendants are guilty or innocent of the charge laid in the indictment”. 1 Burr’s Trial 418—

2. That an opinion formed, if not expressed does not disqualify a person from serving on the Jury— Noble vs The People Breese’s Reports. 29.30.

3. That if a person called to serve on the jury has formed and expressed an opinion from reports as to the guilt or innocence of the Defendants, who has not heard the statements of any of the witnesses, nor of any other person who professed to know the facts in the case, that he had no reason to believe or disbelieve the reports, any more than other reports which occasionally float through the neighborhood; and that his opinion was expressed in this way; “if the reports are true, my opinion is so and so;” without stating what that opinion was, that such expression of opinion would not render him incompetent— Gardner vs The People 3. Scammon 88. [p. [1]]