Under a statute making it the duty of the sheriff to fill the panel from by-standers, he may select from persons accidentally in court, or he may go outside according to his discretion. And the court may properly suggest to the sheriff to have competent men present from whom to select talesmen. Persons so selected are by-standers.13

Where a statute provides for a special bailiff to fill a panel instead of the sheriff if objection shall be made to the sheriff by either party, it is error for the court to refuse to appoint such special bailiff.14