The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-10-07

An Italian, named Cancemi, was lately tried IN
New York. fer the murder Of police-oficer anhef-
son. The trial was in progress for week. an"
endel like most trials of the kind, In a disagree
ment Of the jury. After being ont forty hours
they were unable to unite upon verdict, ana were
accordingly discharged.
The proofs of the prisoners guilt are sa'h Y" ''e
been clear and abundant II he had been a'a" VI
wealth HIS ncqpittai would OF course nave '',"
expcsted Put he was poor. ana han ~ ,"',"'s "
,,,.o snnliances by which rich criminals can
TO-, ;,,.,rs hearts The conclusion then Is that
| ,h, inn, were honest in this verdict and IT. IN
.Lt. r,.nably in many veriicts of acquittai which
are generally attributed To improper Influences
m, 4a;cplty of obtaining a conviction in criminal
nsos NAV be attributed TO a softness of the head
instead of corruption of the heart. The lawyers
80 hsflg the twelve intelligent and upright men in
the Jury box, that they unable to say, with a
clear conscience, that the accused is guilty. Hay
ing been instructed by the judge that it il their
duty TO give the prisoner at the bar the ben.
eft If a doubt. If such they have, of course they
follow their instructions, especially where the pen
atty is death 1t is not easy matter, for twelve
men. picked up promsCuonsly from the streets,
often without education. unaccustomed TO the in
vestigaion Of facts and weighing of and
guments, to sit in Judgment upon case where the
evidence is circumstantial, and often listening a
week to witnesses on both sides, aud the logic,
law, sophiStry and defamation Of opposite lawyers
TO form any opinion whatever upon the law or the
testimony, to have anything in their minds but
doubts and peTplexities to feel any certainty
Of any fact in the world except that they have been
kept for seven days from their business. Unless
jurors can be made lawyers of in week, it is quite
clear that, depending upon their own Judgment,
and asking no advice of the judge, there are not
nine out Of ten in which they be perfect
iy satisfied Of the justice Of their verdicts IT they
do lean upon the counsels of the judge what be-
comes of the grandeur of this vcncrated instltn-
ton! We are not surprised to see "A leading jour
nal of New York, in view of the lmposslhIilty OF
couvicting criminals in that city, recommending an
abandonment of the system Of jury trials, or II
too much reverence remains for 1t on account %
its antiquity TO hope for its abolition such mod
ifcaton of it to dispense with the necessity oil
unanimous verdict-the adoption, for example, OF
the Scotch rule. in which the agreement Of two
thirds only is required for conviction or ac4ulttai
There are other reasons which account for the diff
Guilty of obtaining verdicts against criminals pnel
and we hope will long remain, peculiar to the city
of New York. 1t is said that political and personal
influences are not uufrequent!y brought to bear on
Jurors in that city. and that 1t is very seldom IN
deed, that maleiactor-particularly if he be po-
ltician-can be convicted for any offence, no mat
ter how clear and oyerpGwerng the evidence
against him is! One two political or personal
friends can usually be secured upon jury. or, if
not, some other person who is not incorruptbe.-
In addition these difficulties in securing the ends
of Justice, is the morbid dread Of infctng the ex-
treme penalties of the law which has succeeded
the indisCrmnate, rigorous, and savage applica-
ton of capital punishment in former times
panacea for all the ills that society suffered from
crime. The public mind, in its reaction from the
extreme severity of former times. rccos at the de-
liherate putting to death Of human being. and
thus if there is "a loop to hang doubt upon jul
ri.s prefer to hang the doubt rather than the pri-