253 Mass. 527 | Mass. | 1925
The plaintiff in this action of contract was the county treasurer of Dukes County. Before the jury was empanelled the defendant “presented a motion in the nature of a challenge to the array of the jury setting forth that the plaintiff was the treasurer of the county of Dukes County and was paymaster of the jurors in the county and that because of the plaintiff’s official position and his duties as paymaster of the jurors, the jurors were unable to reach an impartial verdict.” The trial judge stated that the defendant might introduce evidence showing disqualification of any particular juror. No such evidence was offered.
There was no error in overruling this motion. Prejudice of jurors is a fact which must be shown. It cannot be inferred except from sufficient evidence. Every litigant in our courts is entitled to an impartial trial before an unprejudiced tribunal. Commonwealth v. Brown, 150 Mass. 334,
The trial judge made a full statement to the jurors of the requirement that each of them should be impartial and asked any one of them sensible of bias to make it known, otherwise he should assume that they were ready to give a fair and impartial verdict. No one of the jurors expressed consciousness of bias. This proceeding was unnecessary. The result would be the same, if it had not occurred.
Exceptions overruled.