74 
liminary hearing complication. Arrest will then be made 
by the United States marshal after the indictment is 
secured. 
THE CASE IN COURT. 
COURT PROCEDURE. 
Only the procedure in a justice’s court, in which forest 
officers may have to conduct their own cases, will be dis¬ 
cussed here. 
ORDER OF PROCEDURE. 
1. Arraignment .—Reading of complaint and taking of 
the plea, which is oral. The defendant must be person¬ 
ally present when this is done. 
2. Impaneling the jury .—Unless a trial by jury is waived 
by consent of the parties in open court, the bailiff under 
instructions from the court summons 12 men to fill the 
jury box. Either party may examine the panel to ascer¬ 
tain whether there is cause for objection to any member 
thereof, and, if the jury is then satisfactory to both parties, 
it will be sworn. 
Challenges .—Upon challenge for cause any or all may be 
excused by the court if the cause alleged be deemed 
sufficient in the opinion of the court. The causes for 
challenge are numerous and are set out in sections 1071 
and 1074 of the Penal Code. It is sufficient here to indi¬ 
cate briefly the more important, which are: lack of any 
of the qualifications prescribed by law; unsound mind; 
previous conviction of a felony; bias. The first and third 
would many times be only ostensible causes. The most 
vital cause is really bias. This may result from relation¬ 
ship to or friendship for the accused, or interest in the 
outcome of the case, antagonism to the Forest Service or 
to forest officers concerned or to fire or game prosecutions, 
or belief in burning as advantageous, etc. 
Of peremptory challenges the prosecution is entitled to 
five , for which no cause need be shown, and the defendant 
is entitled to ten. Since peremptory challenges are lim¬ 
ited in number, challenge for cause should always be 
exhausted first. In making a peremptory challenge 
