In re Estate of Tobin

The motion for a new trial has become in practice virtually a new trial. Counsel deem it necessary, in the discharge of their duty, to rehearse the testimony and to belabor the witnesses with as much minuteness and energetic eloquence on the motion for a new trial as if they were engaged in demonstrating their original proposition that the testator was on the one hand a raving maniac, a victim of delirium from disease or drink, a gibbering idiot, a bedlamite from birth, or, on the other hand, that he was a marvel of mental salubrity and soundness, whose intellectual powers were always'in perfect poise, and whose insusceptibility to influence was superior to all human power, ingenuity, cunning, art or artifice, even if opportunity existed to permit of *539 anyone’s attempting to exert or exercise influence, due or undue. And this motion for a new trial is, through the indulgence of the court, allowed to occupy as much time as the original trial, if duly compressed by counsel, should have consumed. Days are destroyed where hours, if economically utilized, would have sufficed to present the issues; but if the court say aught to assist counsel to expedite the trial it is prejudicial…