E J 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 will probably produce a different result, and which is not merely cumulative.1 In an issue out of chancery, a motion for a new trial is to be made to that court - the verdict being only advisory.2 In criminal cases, a new trial will be granted, in most jurisdictions, 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 trial is for the benefit of the accused: that the public may see that 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. Separate trial. A single or different trial of 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 trial. The constitutions of the States provide that persons held on a criminal charge have the right to a "speedy trial," a right which was guaranteed by Magna Charta. The meaning is that the trial shall take place as soon as possible after an indictment is found, without depriving the prosecution of a reasonable time for 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. State trial. In England, a prosecution conducted by the government; in particular, a public prosecution of more than ordinary importance. See CALENDAR, 2; DEPOSITION; EVIDENCE; JURY; LIST; PEER; PUNISHED, Twice; RECORD, 2; SLANDER, 1; Conveys the idea of an armed body of soldiers whose sole occupation is war or service, answering to the regular army.7 The organization of the active militia of a State A trial for an offense under a city ordinance may bears no likeness to such a body. It is simply a donot be such a public trial as is intended. 1 United States v. Holliday, 3 Wall. 419 (1865). 2 L. tribunal, platform for a magistrate, judgment1 Chandler v. Thompson, 30 F. R. 44 (1886), Dick, J.; seat: tribunus, chief of a tribe: tribus, one of the Steph. Pl. 93. Watt v. Starke, 101 U. S. 250-56 (1879), cases. • United States v. Williams, 1 Cliff. 17 (1858), cases. Cooley, Const. Lim. *383; 1 Bishop, Cr. Proc. § 959; Grimmett v. State, 22 Tex. Ар. 41 (1886). • Spies et al. v. People, 122 111. 265 (1887). [Exp. Stanley, 4 Nev. 116 (1868), Lewis, J. United States v. Fox, 3 Monta. 517 (1880), Wade, C. J. See also Exp. Jefferson, 62 Miss. 227 (1884). • State v. Topeka, 36 Kan. 87-88 (1886), cases. three original families: tri-, three. Smith v. City of Waterbury, 54 Conn. 178 (1886). United States v. Leng, 18 F. R. 20 (1883), cases, Brown, J.; United States v. Arredondo, 6 Pet. *729 (1832); Belcher v. Linn, 24 How. 522 (1860); 132 Mass. 43. [4 Bl. Com. 363. • See Reynolds v. United States, 98 U. S. 157 (1878); 5 Cal. 347; 23 Ga. 57; 43 Me. 11; 14 N. J. L. 195; 15 S. & R. 156. Dunne v. State, 94 III. 126 (1879), Scott, J.