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Show A CURIOUS CASE It nilablUbrd tlm rart'Tliit There Are boini-IJIcIjU Willi li Caul llo Wuliril.' ' A dceudant In ii murderpnso In New York b'tnte was once jilaeed on tnul before1 be-fore1 n Jury of twelve, snys the Hrook-lyn Hrook-lyn I'agle. A member of tho Jury died during his trial. Tho prlioner'o coun-icl coun-icl agreed with tho district attorney that tho trial nliouli continue before cloven Jurors i.n' that no record of tho denth of one of their number should bo entered on tho minutes of tho court. Tho prluoner vn rfinvleled and sentenced sen-tenced to punishment. Annppcnl was nflcrwnrd taken to the etrcct thnt neither his counsel nor tho district attorney at-torney nor tho court nor tho prisoner had n right to waive tho hitter's right to n trial bytwehe Jurors. Tho conviction con-viction w;us set aside for that reason As, however, nothing In tho record showed In n formal and ofllciul way that tho trlnl occurred nnd that the crdicl wiih rendered by less than twelvo Jurors, It wus nlso held that the man had been m ones Ia jeopardy nnd could not be put Mvlco In tho same position. Ho wan, therefore, ils-charged. ils-charged. IIo was thus trlod nnd not tried, found guilty nnd not found guilty, guil-ty, oouvlctv-d and practically acquitted all at' the tamo time and under tho Game proceeding. Tho contention was thaJovry man Indicted nnd tried for crltno previous to lilt, arraignment, und ovcryono who might bo no Indicted ami no tried. nfter his arraignment had an intorqi.t In his trial by twelve Jurors, u right to his trial by twelvo Jurors, nnd that when ho waived l,l own right ho impaired their right In their, trial and tholr right lu hl trial, and that the thing could not bo permitted, 'this Illustrates how n mart holds somo of his rights in tnu.1 for "nil tho past and for nil. the future. Of such rights ho rnnnol divest himself and cannot bo divested. |