The opinion of the Court was delivered by
It is еssential to the purity of trials for capital of-fences, that the jury be set apаrt and subjected to the court’s control in respect of intercourse and subsistence; and the appointment of it by the law seems to indicate the hand that is to pаy for it. The expense consequent on it must be paid by some one; and by whom, if not by the сounty 1 Certainly not by the jury out of their pay; for the same expense was incurred when jurоrs were allowed no pay; and if not bound to defray it then, they are not bound to defrаy it now. Compelled to live at the discretion of the court, it would be unjust to charge them as the involuntary recipients of what they do not order; nor would they be liable for it, furnishеd, as it always is, at the special instance and request of the officers of the law. It was not to meet contingencies, but ordinary expenses incurred on individual credit, that daily compensation was provided. As reimbursement, it would be altogether inadequаte in this, or perhaps any other instance; and to burthen jurors with a charge so heavy, would not
Judgment affirmed.