Stetlar v. Nellis

This motion is based upon two grounds: 1st. That a man duly summoned as a juror was discharged, by the sheriff at the private suggestion of the defendant; and, 2d. That evidence was improperly received, of provocation given by the plaintiff a long time prior to the assault which was the subject of the action.

The first ground is not sustained by the evidence. The sheriff testifies that Conklin, the person referred to, was not summoned as a juror, and that no request or suggestion was made by the defendant, or his attorney, that he should be discharged or that he should not be summoned; and the…