Show N L W tit JA LS I 1 IH IT T CASES there Is ia a growing feeling that society would bo be benefited and the muse cause ot of justice pro promoted coteil it motion tor for now trials in criminal were entirely prohibited it Is 19 a notorious tact fact that in ninety nine Instance sout ot of a hundred such motions are made upon frivolous grounds and for or the purpose of preventing the enforcement of 0 the laws there Is no reason to believe that errors justifying new trials ore are committed except at rare intervals but in almost every case of 0 C conviction a motion tor for a now new trial Is imme immediately diate I 1 entered and d it must be a acknowledged that then the n courts are far coo too willing to grant them as if a matter of habit rather than bemuse because there tire are good reasons tor for such action den ben butler used to say pray that when a prisoner goner whom ho he was defending was found guilty guilt it was only the beginning of 0 the case ditth ft ath him there were so mazy ways of prolonging it with a chance chanca of ultimate success anti and this Is the general theory and practice of cilma nal lawyers provided there Is money in ili sight eight to pay fees so many culprits have escaped deserved punishment in this way that society lias has a right to protest agal against nt such a perversion perv pervet cislon sion of the means ot of justice to unworthy and mischievous uses tile the judge who overruled a motion for a new trial the other day in the case of hinshaw the indiana murderer presented the matter in a very clear it it be true he pointed out that upon such a motion tile the judge must weigh the evidence and determine the recta as did the jury and it he falls to reach the same conclusion upon sonic some material fact and arants rants a new trial there Is nothing gained by submitting it to a jury in the first instance the idea of thus discrediting and reversing the verdict of a jury he declared clard dc Is 13 in conflict w with ili the idea confirmed by the wisdom and experience of centuries that trial by jury Is the surest and safest method of administering justice so well Is the principle grounded he went on to say that our legislature has provided that a man charged with murder cannot submit ills his trial to a court without a jury even after agi cement between the prosecutor and himself only a jury of twelve men can try him the theory of the jury system Is that the verdict of twelve hon honest 19 t and disinterested te men after a f full it hearing of the evi evidence dence and arguments ra ants on both sides Is as apt to be right as all can be ertic expected eted and this theory Is antagonized and practically repudiated every time a new bilal Is granted it Is conceivable cei cel vable ot of course that tha t there are cases now and then in which gross errors entitle the ace accused use it parties to new trials but tho exceptions are very few to the rule that jury verdicts are correct and ought to stand st louls louis globe democrat |