tators may keep his triers keenly alive to a mings of their responsibility and to the importance o their functions: and the requirement is fairly observed if, without partiality or favoritism. a reasonable proportion of the public is suffered to attend, notwithstanding that those persons whose presence could be of no service to the accused, and who would only be drawn thither by a prurient curiosity. are excladed altogether.” oley, Const. Lim. *312. And see People -v.

where issue is taken upon a plea of nul ticl record, in which case the party asserting the existence of a record as pleaded is bound to produce it in, court on a day assigned. If the record is forthcoming, the issue is tried by inspection and examination of it. If the record is not produced, judgment is given for his adyersary. 3 Bl. Comm. 330.—Trial by wager of battel. This was a species of trial introduced into England, among other Norman customs, by William the Conqueror, in which the person. accused fought with his accuser, under the apprehension that Heaven would give the victory to him who was in the right. 3 BI.