“ St. Mo., relating to crimes and criminal procedure, is as follows: 'The motion for a new trial shall be in writing, and must set forth the grounds or causes therefor, and be filed before judgment, and within four days after the return of the verdict or finding of the court, and shall be heard and determined in the same manner as motions for new trials in civil cases.' The verdict was rendered June 5, 1886; and on the ninth of that month, before judgment was entered, the defendant filed a motion for a new trial. ”

“ No reference was made to any provision of the constitution or laws of the United States which gave to the defendant any rights in this behalf.
In the progress of the trial, counsel for the defendant addressed the court as follows: 'If the court please, we learn that there are two men stationed at the door who refuse to admit any one who is not a juror or witness or officer or some one having business in the court-room. We object to that. We claim this is a public court-room, and the trial should be public, and the public ought to be admitted. ”

“ The court, after taking the matter under advisement, overruled the motion, 'on the ground that the court has no power or right under the statute to grant said request.' Upon this branch of the case the supreme court, according to its opinion in the record, ruled as follows: 'This statute is mandatory, and, according to the uniform ruling of this court since the case of Allen v. Brown, 5 Mo. 323, a refusal to grant a new trial on a motion made more than four days after the trial is not error ”