The Providence news. (Providence [R.I.]) 1891-1906, 1905-03-08
REPORT ON REVISION.
Continued from page Eight.


cute an appeal. The result is that these
cases lie along without a trial, ana an
appeal generally operates as an acquittal.
II is better TO add these TO the attorney
generals department than 10 require the
towns To employ attorneys They are
complaints in the name of the state, and
there is no reason why the state should
not prosecute them In the appellate court.
In this way appeals will be properly at
tended to. many offenders who now GO
unpublished will be brought 10 justice, and
lnes and costs will he collected which be-
long TO the state.
u is needless TO mention ell the changes
proposed. since they are mainly in the
lines already stated. II Is proper. how
ever to call attention to a few OF the
more important ones
JURY CASES WITHDRAWN.
Jury cases have been withdrawn from
Bristol county for the following reasons:
The civil cases tried there are too small
in number and amount TO warrant the
regular calling OF iuries The county
embraces only three towns which have
not a large population. and 81 has hap
pened that the entire list OF available
Jurors has been exhausted in an attempt
TO secure - jury in single case. I'm a
small county jurors are liable TO have
have formed opinions about them All
the towns are nearer 10 Providence than
many OF those in Providence county. and
from two OF them II is as convenient 20
get 10 Providence az to Bristol. and for
all II is more convenient 90 be able TO
bring cases 10 trial at any time I'm Provi-
dence than 10 he obliged 10 await the
regular session OF cour, at Bristol. 1t
is also believed that this course will save
expense.
ALL HEARINGS IN PROVIDENCE.
All hearings In the supreme court are 10
be had in Providence. For about IL years
this has been the law 10 Kent and
Bristol counties and II is now extended
10 Newport and Washington counties
Most OF the cases before the supreme
court I'm these last named counties have
been heard I'm Providence by agreement
The cases not 40 marked have been few
and unimportant. and the chances for
speedier hearings I'm the course Of the
docket in Providence will he more con-
venient for parties than 20 be obliged TO
wait. sometimes six months. for n session
of the court I'm the county. under the
present law. Neither parties nor wit
nesses are often required for these hear
ings. and as the attorneys are frequently
I'm Providence there can be no great hard
ship, n any. IN having the cases heard
in Providence. The Increased facility
In disposing of interlocutory meters on
the motion days OF the superior court is
an evident advantage.
CHANGES IN PRACTICE.
The changes in practice are IN the lin.
OF uniformity. as far as practicable and
the possibility OF speedy hearings
The most important change IN practice
IL the hearing of motions for = new trial.
upon the ground that a verdict is against
the evidence. by the court that tried me
case.
This II the rule in the federal courts
and In most OF the states OF the country.
II Is not surprising that Jurors. who
have had no training I'm Weighing evil
dence and applying instructions as to rules
~ law. should sometimes give undue
weight TO certain facts or omit to gtve
due weight To other facts or even some
times he governed by sympathy Accord
ingly. II was formerly the law In this
state that there might be two jury trials
In civil case. A revisory court does not
hear the witnesses. and can only form
It's conclusion from transcript ~ the
testimony. When therefore q verdict IL
satisfactory both 10 the jury and the Judge
who heard the case. II may usually be
taken ss correct. A safeguard y pro
vided by which errors. olaiured on dscis-
ions Of petition. for new trial on that
ground may be revised Nv the supreme
court. thus preserving. a. far ~ possible.
the result ~ a fun snd impartial trial
by q jury.
f,RoRATE PROCEEDINGS
For long time there has been com
pIaint In regard to our system In pro-
hate proceedings and the bar association
~ tho state ss well as many citizens.
have urged that steps be taken ~ TN
prove II. This is now me only state which