| Tex. | Jul 1, 1854

Wheeler, J.

It is reasonable to suppose that the Judge who presided at the trial, was quite as competent to decide whether the jury were sworn, as the persons whose testimony was proposed touching that question. We must presume that the fact, that the jury were sworn, was within the knowledge of the presiding Judge; and he might well refuse to hear the testimony of witnesses , offered to contradict the evidence of his senses. The judgment is affirmed.

Judgment affirmed.

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