TRIAL

the losing party, who was duly diligent in preparing

for trial, has discovered new evidence which will tend
to prove a material fact not directly in issue before,
or not then investigated, which

a different

result,

and which

probably produce
not merely cumula-

vrill

is

tive.'

In an issue out of chancery, a motion for a new trial

is to be made to that court
the verdict being only
advisory.^

In criminal cases, a

most

TROOPS

1055

jurisdictions,

new

trial will

be granted, in

on the application of the accused,

for cause shown.*

Public trial. Not necessarily a trial to

which the public generally or a large concourse is admitted.
The requirement of a public

importance.
See Calendar, 3; Deposition: Evidence; Jury;
List; Peer; Punished, Twice; Record, 3; Slander,!;

Venire.

TRIBE. Whether a class of Indians have

is primarily
a question forthe political department of the
government.! See Indian.

ceased to hold the tribal relation

TBIBirNAL.2

1.

the place where justice

trial Is for

of the accused; that the public

fairly dealt with

State trial. In England, a prosecution

conducted by the government in particular,
a public prosecution of more than ordinary

may

the benefit

see that he

is

and not unjustly condemned, and

3.

Any

is

magistrate's

seat;

dispensed.

court, forum, or judicial body. See

Court; Forum.
Tlie tribunal before

which matters pertaming

to

that the presence of interested spectators may keep

his triers keenly alive to a sense of their responsi-

railroads are discussed, and by which they are decided,

may, with propriety, be called a '* court of justice; "

and to the importance of their functions; and

the requirement is fairly observed, if, without partiality or favoritism, a reasonable proportion of the
public is suffered to attend.'

not an ordinary court, but a special tribunal authorized to administer justice in a class of cases which
experience proves cannot so satisfactorily be tried
before the regular courts.^
Except as otherwise provided, the decisions of
special tribunals are binding and conclusive adjudications upon all parties, like the judgment of a court of
record; and this is true independently of any express

bility

Separate
trial of

trial.

single or

different

each of two or more persons accused

of participation in the same offense.

Error cannot be assigned for refusal to grant such
a trial; the granting being discretionary with the
court.*

Speedy

The constitutions

trial.

of the

States provide that persons held on a criminal charge have the right to a "speedy

which was guaranteed by

trial,"
Magna Charta. The meaning is that the
a right

trial shall take place as soon as possible after

found, without depriving

the prosecution of a reasonable time for

an indictment

is

preparation. 6

A trial at such a time after the finding of

the indictment, regard being had to the
terms of court, as will afford the prosecution
a reasonable opportunity, by the fair and
honest exercise of reasonable diligence, to
prepare for a trial."

A trial

for

an offense under a

not be such a public

trial

as

is

statutory provision

termine.

Chandler

Watt V.

v.

Thompson,

lenged for favor, is favorable or unfavorable.^

The ofHce is abolished in nearly all of the States,
the judge who presides at the trial of the cause being
empowered to decide upon the fitness of jurymen."
TRINODA. See Necessitas, Trinoda.

TRIPARTITE. See Part, 1.

TROOPS. Conveys the idea of an
body of

'

armed
war

sole occupation is

Dick, J.;

a magistrate, judgmentseat: tribunus, chief of a tribe: tribus, one of the

30 F. E.

(1880),

Starke, 101 U. S. 250-66 (1879), cases.

III.

265 (1887).

(1868),

Lewis, J.

United States v. Fox, 3 Monta. 517 (1880), Wade,

See also Exp. Jefferson, 62 Miss. 227 (1884).
State V. Topeka, 36 Kan. 87-^ (1886), cases.

0. J.

whose

may

city ordinance

93.

Spies et al. v. People, 182

[Exp. Stanley, 4 Nev. 116

soldiers

intended.*

United States v. Williams, 1 Cliff. 17 (1858), cases.

Cooley, Const. Lim. *383; 1 Bishop, Cr. Proc. 959;
Grimmett v. State, 33 Tex. Ap. 41 (18S6).

whose

determine whether a juror, chal-

or service, answering to the regular army.'

The organization of the active militia of a State
bears no likeness to such a body. It is simply a do-

'

When a stat-

Sewer.

2;

office is to

'

final.

TRICYCLE. See Bicycle.

TRIERS, or TRIORS. Persons

Steph. PI.

making them

ute creates a special tribunal to determine a class of

questions, it is a necessary implication that the determinations are intended to have force and validity,
otherwise the proceeding would be useless.* See De-

United States

v.

Holliday, 3 Wall. 419

(1865).

L. tribunal, platform for

three original families: fri-, three.

' Smith V. City of Waterbury, 54 Conn, 178 (1886).
United States v. Leng, 18 F. R. 20 (1883), cases.

Brown,
(1832)

J.

United States

Belcher

.[4 Bl.

v.

Linn, 34

v.

Arredondo,

How.

6 Pet.

*729

523 (1800) ; 132 Mass. 43.

Com. 363.

See Reynolds v. United States, 98 U. S. 157 (1876); 5

Cal. 347; 23 Ga. 57; 43 Me. 11 14 N. J. L. 195; 15 S. & R.

156.
'

Dunne u.

State, 94

111.

126 (1879),

SooH,

J.