excuse juror number so and so."

Usually he examines the whole twelve before "excusing" any of them,
and when doing so many lawyers turn from the box to the judge as they
say, "I will excuse numbers four, five, and eleven." Frequently those
remaining do not realize why their brethren have been dismissed. A
slight bewilderment may pass across the faces of all, as a man here
and there, under the beckoning finger of the clerk, rises to give up
his seat.

Opinion differs as to the extent to which challenges should be
exercised. Some trial lawyers are chary in using them, being anxious
to appear frank, trusting and willing to accept the judgment of any
decent citizen. Others are meticulously insistent and exhaust all
their challenges. The first attitude is the one of saying:

"I have such a fine case, so honest and just, that it is impossible
that any fair-minded man should decade against me. Therefore, I shall
not insist on these minor points of interest or prejudice. You are all
open-minded. I will leave it to anyone." The second attitude was
explained by one lawyer who always put his hand to his chin, looked
deeply and inquiringly at the jury, and said in an important voice:

"I challenge jurors numbers 6, 8, 9, and 11, or, 4, 5, and 12." When
privately asked on what theory he proceeded in his earnest selection
which seemed to imply so wonderful an insight, confessed to no theory
at all except the plainly human one that he believed in using up all
his challenges simply because it made the other jurors, who remained
in the box, feel better and more selected. But the main purpose of
selection is to secure a fair and intelligent jury.