2) A challenge to the array involved a party objecting to the composition of the panel of potential jurors from which the trial jury would be selected.
A principal challenge, if proven, led to a manifest presumption of partiality and to a successful challenge to the array.
25) These triers heard the evidence and, if they determined the cause sufficient, could allow the challenge to the array, thus requiring the formation of a new panel.
In addition to showing how lawyers could attempt to take advantage of array challenge doctrine, the case also demonstrated the difficulty of getting triers to accept the proof establishing a challenge to the array even when courts permitted defence lawyers to question officials extensively.
Chief Justice Abbott emphasized that the defendant had not found any cases supporting a challenge to the array "on the supposed ground of unindifferency in the officer of the Court by whom a jury had been nominated for any trial.
The defendants grounded their appeal to the House of Lords on several claims, including the failure of the Irish court to substantiate their challenge to the array.
also employed an efficiency argument, contemplating the effect of sustaining this challenge to the array on the ground that fifty-nine names had been omitted from the jurors' book.
Lord Brougham agreed with the Lord Chancellor, saying that "there is no ground of authority or decision or enactment to show us that the mere omission can validly or competently be made a ground of challenge to the array.
If the House of Lords did not insist on granting a remedy for the Irish court's failure to validate the challenge to the array, then trial by jury, he declared, "instead of being a security to persons who are accused," would be "a delusion, a mockery, and a snare.
It is not necessary to examine each of these cases in detail, but a discussion of two of them offers a taste of the difficulties of demonstrating a challenge to the array in a politically-charged trial.
O'Doherty, (83) triers again refused to find in favour of a challenge to the array on the ground that the sheriff selected, and rejected, potential jurors because of their religion.
The 1876 act stipulated that "no challenge to the array shall be allowed for any cause except partiality, fraud, or wilful misconduct of the sheriff or other officer returning the panel.