Triors

Persons appointed according to law to try whether a person challenged to the favor is or is not qualified to serve on the jury. They do not exceed two in number, without the consent of the prosecutor and defendant, or unless some special case is alleged by one of them, or when only one juror has been sworn and two triors are appointed with him.

Co. Litt. 158 a; Bacon, Abr. Juries (E 12).

The method of selecting triors is thus explained. Where the challenge is made to the first juror, the court will appoint two indifferent persons to be triors; if they find him indifferent, he shall be sworn and join the triors in determining the next challenge. But when two jurors have been found impartial and have been sworn, then the office of the triors will cease, and every subsequent challenge will be decided upon by the jurymen. If more than two jurymen have been sworn, the court may assign any two of them to determine the challenges. To the triors thus chosen no challenges can be admitted. The triors examine the Juryman challenged, and decide upon his fitness; Thompson v. People, 3 Park. Cr. Cas. (N. Y.) 467. Their decision is final. They are liable to punishment for misbehavior in office; 4 Sharsw.

Bla. Com. 353; Wlielen v. \Vatmough, 15 S. & R. <Pa.) 156; People v. Rathbun, 21 Wend. (N. Y.) 509.

The office is abolished in many of the states, the judge acting in their place; Licett v. State, 23 Ga. 57; State v. Knight, 43 Me. 11; Reynolds v. U. S., 98 U. S. 157, 25 L. Ed. 244. The lords also chosen to try a peer, when indicted for felony, in the court of the Lord High Steward, are called triors.