text:  Then again any practical man will see in a moment that the strictness of the new system of civil pleading which to this moment occasions not infrequently a grievous failure of justice with all the ample opportunities afforded for deliberate examination and preparation of the pleadings cannot be safely applied to criminal law for many reasons principally because it rarely admits of that previous deliberation in drawing the indictment which must be based upon the often inaccurate statement of facts supplied by the depositions; and because a defect in them is generally speaking irremediable and fatal and crime goes unpunished