The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-10-02


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The CANCEMI MURDER CAsE-DIsAGREEMENTo OF
THE JURY-Evns OF THE JURY SYsTEM.-The trial
of the Italian Cancemi for the murder Of Off.
Ger Anderson, which has been in progress
for the last week, has ended, as most prosecutions
nowadays in this city do end, in nothing. The
jury, after being locked up some forty hours,
were unable to agree upon verdict, and were
discharged yesterday morning 1t is understood
that eight Of the Jurors were for conviction, four
for acquittal.
This trial ADDS another proof to the mass of
evidence furnished by recent trials in this city
that the system of trial by jury as at present re-
gulated, is a complete failure, and that If any
legal terror is to be held over the malefactor,
that system must be either modified or abolished
altogether. 1t is difficult to conceive case
wherein the evidences of guilt were more abun-
dant and convincing than they were in this case
of Cancemi's; and yet we find that after a week
bling consumed in the trial portion Of the jury
were upsatisfed of the completeness of the testi-
mtny and of the guilt of the prisoner, and con-
sequently held out for his acquittal.
The idea of the exercise of political or per-
sonal influence over any of the jurors is, in this
case, completely out Of the question. The ac-
cuied was a foreigner, unacquainted with our
language, having but few friends in the city, and
those among the poorest of his countrynen-
himself being poor. There is therefore no doubt
that those jurors who were in favor of verdict
of mot guilty" were Influenced by none but con-
scientious motives But when the difficulty of
obtaining conviction under such circumstances
s so difficult, how much more difficult must 1t be
in a case where the evidence admits of any little
feeling Of doubt being entertained, or where pc.
litical or personal influences can be brought to
bear upon the minds Of any Of the jurors? And
we know very well that such influences are not
unffequently brought TO bear on juries in this
city, and that it is very seldom, indeed, that a
malefactor-partieularly II he be poll
ticiar-can be convicted for any offence,
l.. u,iuence against him Is. Some one
or two political or personal friends can
usually be secured upon jury or if not, then
some person who is not ircorru2tible. And In
this way the ends Of justice are defeated, aud
mslefactors are turned ou again upon the CON-
munity and allowed to 60 unpunished for their
crimes, merely because we are SO obstinate as to
which might have been good enough in the PRINT
tive days of the Anglo-Ssxon Heptarchy, but
which is utterly unified to this age aud society
Even if the twelve men whose unanimity OF
opinion is indispensable for verdict were above
oil suspicion on the point of honesty and incor-
ruptibility, the culprit has always chance, from
the ignorance or wrong.headed obstinacy OF one
or more Of them. Sometimes, Of course, that ig
norance or obstinacy may be brought into play
against the accused. But 1t may be stated, as
general truth, that an innocent man charged With
crime would always prefer 10 submit his fate to
the decision of an intelligent Judge, while a
guilty man would always choose to be tried be-
fore ajury.
If all idea Of enforcing criminal law In this
city is not to be abandoned, and if we are not to
be turned over to The mercy Of all the lawless
vagsbonds with which the city swarms, with no
other defence than that which nature furnishes,
then the present system Of jury trials mus. be
abandoned. II might be better to dispense with
the institution altogether, as applicable TO crimes
other than political but as there IL 30 much
fase reverence for it on account OF its antiquity
and because II Ia supposed 10 be peculiarly
Anglo Saxon, we would be content with seeing
1t modified We propose, then, that IL be so
altered as to dispense with the necessity of q
unanimous verdict Let the Scotch rule be
adopted, In which the agreement Of twothirds
on'y is required for conviction or acquittal. II is
q republican rule, and one which we ought
above all others, 70 adopt, A two-thirds vote
decides the most important interests Of the coun
Try. Why should II not also decide the fate Of
criminals The President OF the United States,
q member Of his administration, or Judge of
the United States Courts, can be impeached by
vote Of wo.thirds veto 70 law can be over
riden by the same vote Why not, then, apply to
criminals the same rule which governs the
mightiest interests Of the country For greater
security to the accused the jury might be in.
creased In number but whatever be the num-
Der adopted, let the voice Of two. thirds be re.
ceived as the verdict. There will be then little
danger Of q disagreement Of jury and the
chances Of culprits escape, where the evidence
lie sufficient to convict him, viii be much
diminished. We hope to see this subject All.
tated until this much needed change in our jury
system shall have been effected.
Harry ARKASsAs.-The Little Rock Democrat
r,joices over the fact that banks are among the
Injuries which are constitutionally interdicsed In