Trial

The examination before a competent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue. A trial is the judiciui examination of the issues between the parties, whether they be issues of law or of fact. Code N. Y. § 252; Code N. C. § 397. The examination of a cause, civil or criminal, before a judge who has jurisdiction over it, according to the laws of the land. See Finn v. Spagnoli, 67 Cal. 330, 7 Pac. 746; In re Chauncey, 32 Hun (N. Y.) 431; Bullard v. Kuhl, 54 Wis. 545, 11 N. W. 801; Spencer v. Thistle, 13 Neb. 229, 13 N. W. 214; State v. Brown, 63 Mo. 444; State v. Clifton, 57 Kan. 449, 46 Pac. 715; State v. Bergman, 37 Minn. 407, 34 N. W. 737; Home L. Ins. Co. v. Dunn, 19 Wall. 224, 22 L. Eld. 68; Crane v. Reeder, 28 Mich. 535, 15 Am. Rep. 223.

— Mistrial. See that title.

— New trial. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. Code Civ. Proc. Cal. § 656. A new trial is a re-examination of the issue in the same court, before another jury, after a verdict has been given. Pen. Code Cal. § 1179. A new trial is a re-examination in the same court of an issue of fact, or some part or portions thereof, after the verdict by a jury, report of a referee, or a decision by the court. Rev. Code Iowa 1880, § 2837.

— New trial paper. In English practice. A paper containing a list of causes in which rules nisi have been obtained for a new trial, or for entering a verdict in place of a nonsuit, or for entering judgment non obstante veredicto, or for otherwise varying or setting aside proceedings which bave taken place at nisi prius. These are called on for argument in the order in which they stand in the paper, on days appointed by the judges for the purpose. Brown.
—Public trial, A trial held in public, in the presence of the public, or in a place accessible and open to the attendance of the public at large, or of persons who may properly be admitted. "By this [public trial] is not meant that every person Who sees fit shall in all cases be permitted to attend criminal trials, because there are many cases where, from the character of the charge and the nature of the evidence by which it is to be supported, the motives to attend the trial, on the part of portions of the community, would be of the worst character, and where a regard to public morals and public decency would require that at least the young be excluded from hearing and witnessing the evidences of human depravity which the trial must necessarily bring to light. The requirement of a public trial is for the benefit of the accused ; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility 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, notwithstanding that those persons whose presence could be of no service to the accused, and who would only be drawn thither by a prurient curiosity, are excluded altogether." Cooley, Co.nst. Lim. 312. And see People v. Hall, 51 App. Div. 57, 64 N. Y. Supp. 433; People v. Swafford, 65 Cal. 223, 3 Pac. 809.

— Speedy trial. See that title.

— Separate trial. See Separate.

— State trial. See State.

— Trial at bar. A species of trial now seldom resorted to, excepting in cases where the matter in dispute is one of great importance and difficulty. It is a trini which takes place before all the judges at the bar of the court in Which the action is brought. Brown. See 2 Tidd, Pr. 747; Steph. Pi. 84,

— Trial at nisi prins. In practice. The ordinary kind of trial which takes place at the sittings, assizes, or circuit, before a single judge. 2 Tidd, Pr. 751, 819.

— Trial by certificate. A form of trial allowed in cases where the evidence of the person certifying was the only proper criterion of the point in dispute. Under such circumstances, the issue might be determined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their intervention was unnecessary. Tomlins.

— Trial by grand assize. a peculiar mode of trini allowed in writs of right. See Assize; Grand Assize.

— Trial by inspection or examination. a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute.

— Trial by jury. A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. The terms "jury" and "trial by jury" are, and for ages have been, well known in the language of the law. They were used at the adoption of the constitution, and always, it is believed, before that time, and almost always since, in a single sense. A jury for the trial of a cause was a body of twelve men, described as upright, well-qualified, and lawful men, disinterested and impartial, not of kin nor personal dependente of either of the parlies, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all hias in favor of or against either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them, who. after hearing the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberating, when necessary, apart from all extraneous influences, must return their nnanimous verdict upon the issue submitted to them. Ali the books of the law describe a trial jury substantially as we have stated it; and a "trial by jury" is a trial by snch a body so constituted and conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co.., 23 R. I. 289, 49 Atl. 999; State v. Harney, 168 Mo. 167, 67 S. W. 620, 57 L. R. A. 846; Capital Traction Co. v. Hof, 174 In S. 1, 19 Sup. Ct. 580, 48 L. Ed. 873; Lommen v. Minneapolis Gaslight Co., 65 Minn. 196, 68 N. W. 53, 33 L. R. A. 437, 60 Am. St. Rep. 450; People v. Dutcher, 83 N. Y. 242; Vaughn v Scade, 30 Mo. 600; Ward v. Farweil, 97 111. 612,

— Trial by proviso. A proceeding allowed where the plnintiff in an action desists from prosecuting his suit, and does not bring it to trial in convenient time. The defendant, in such case, may take out the venire facias to the sheriff, containing these words, "proviso quod," etc., i. e., provided that. If plaintiff take out any writ to that purpose, the sheriff sball summon but one jury on them bath. This is called "going to trial by proviso." Jacob, tit. "Proviso."

— Trial by the record. A form of trini resorted to where issue is taken upon a plea of nul tiel record, in which case the party asserting the existence of a reconi as pleaded is bound to produce it in court on a day assigned. If the record is forthcoming, the issue is tried by inspection and examination of it. If the record is not produced, judgment is given for his adversary. 3 BI. Comm. 330.

— Trial by wager of battel. This was a species of trial introduced into England, among other Norman customs, by William the Co.nqueror, in which the person aceused fought with his accuser, under the apprehension that Heaven would give the victory to him who was in the right. 3 Bl. Comm. 337-341.

— Trial by wager of law. In old English law. A method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators, swore that they believed him to speak the truth. 3 Bl. Comm. 343. See Wager of Law.

— Trial by witnesses. The name "trini per testes" has been used for a trial without the intervention of a jury, is the only method of trial known to the civil law, and is adopted by deposition in chancery. The j'udge is thus left to form, in his own breast, his sentence upon the credit of the witnesses examined. But it is very rarely used at common law. Tomlins.

— Trial de ncrvo. A new trial or retrial had in an appellate court in which the whole case is gone into as if no trial wbatever had been had in the court below. See Karcher v. Green, 8 Houst. (Del.) 163, 32 Atl. 225; Ex parte Morales (Tex. Cr. App.) 53 S. W. 108 ; Shultz v. Lempert, 55 Tex. 277.

— Trial jury. The jury participating in the trial of a given case; or a jury summoned and impaneled for the trial of a case, and in this sense a petit jury as distinguished from a grand jury

— Trial list. A list of cases marked down for trini for any one term.

— Trial witb assessors. Admiralty actions involving nautical questions, e. a., actions of collision, are generally tried in England before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 179.