The defendant was too late in his application for a venire. An investigation had commenced. In Olney v. Bacon, (1 John. 142) the Justice had merely inspected the account, and the Court said the trial had not commenced. In this case, the Justice told the plaintiff to go on, in consequence of which he proceeded to prove some items, by the admission of the defendant; and a witness was partly sworn ■before the call for a venire.
Judgment affirmed, (a)
And vid. Bayless v. Crany, ante, 86,