for cause as to Anderson was overruled. Error is not presumed, but must appear affirmatively. If defendant's peremptory challenges were unexhausted at the time his challenge for cause was overruled, Anderson could, if objectionable to defendant, have been gotten rid of by peremptory challenge. Under these circumstances, this court will not consider the error assigned in overruling the challenge for cause, because it does not appear that defendant was prejudiced by such ruling. By a decided preponderance of authority, the rule is established that no advantage can be taken of the improper overruling of a challenge for cause to an individual juror where the party ruled against has not previously exhausted his right of peremptory challenge. Robinson v. Randall, 82 Ill. 522; Wilson v. People, 94 Ill. 299; Anarchists' Case, 12 N. E. Rep. 866; State v. Elliott, 45 Iowa, 486; State v. Davis, 41 Iowa 311; People v. McGungill, 41 Cal. 429.
It appears from the testimony of a witness for the prosecution, Dinan, that he was detained as a witness, and was confined as a prisoner in the county jail while the defendant was there awaiting trial. Dinan testified that while both were in jail the defendant handed to him two unsigned written documents, (Exhibits C and D,) which are as follows: Exhibit C, "If you can help me out of this I can raise you some money. What good will it do for you to testify against me?' Exhibit D, "It is getting late in the season. Why in hell don't you go before cold weather sets in?" Defendant’s counsel objected to the introduction of these exhibits on the ground that it did not appear that they were signed by the defendant, nor that the witness Dinan was acquainted with defendant’s handwriting. The objection was overruled, and defendant excepted. This was not error, as the testimony was competent prima facie, independent of any question of handwriting, on the ground that the writings were adopted by the defendant as his own when he personally handed them to the witness. Exhibits C and D were also shown by other testimony to be in defendant's handwriting. But the defendant has the right to show by proper evidence that the exhibits were not in his handwriting. This was attempted to be done by placing upon the stand a witness who produced letters
