Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-06-21


ical depot.
WHAT CONSTITUTES MURDER ,''-rbe fol-
lowing, from the New York Herald, is probably
applicable in other Iatitudes than that If New
York and Brooklyn, and we therefore Law il b.
fore onr readers. 1t is sufficiently explicit 10 be
well understood but Il NAV he well enougb 70
add mat IL Is time for the community generally
10 wake up 10 the Importance of the question
asked IN The above heading, Daily and hourly
almost we hear complain ts concerning the in
crease OF lawlessness. the inc fiiciency Of police
arrangements, the uncertainty Of punisbment for
violations OF laval Of which tend to make
me ana property Insecure; but yet we find, in
nearly every case Of high crime which is tried
the jury either disagree or render an unaccountan
bly, lenent verdict :.
80 Proverbial has this legal incertitude and dial
lance become, that those who are disposed to
commit Expectations or crime do so with impu-
nifty, and laugh at threats Of enforcing the law
against them. II the penalties provided for are
too severe, let them be moderated but while we
have laws with penalties provided, let them be
executed promptly and certainly. Six months of
vigorous execution of law would do more to re-
iiese US Of crime, and Of the horrors of mobS,
vigilance committees and lynchng, than wears
OF all other causes combined and would really
DE- the most merciful to those lawlessly disDosed
inaSmnch a. Ii would deter them from crime and
drive them to obtaining honest livings The
following il the article alluded to above:
"The cases of Lally and other bomicides who
have recently been tried in BROOKLYN and this
cry are calculated to lead to an inquiry whether
mere Is any use In preserving the word murder
any longer In the statute books and the dicion-
aIF- Ihe 6ase OF Lally was one Of peculiar az
SfaVatIon Witnesses swore to the principal
facts, and IL seems beyond all reasonable donbt
that he and others (of whom he seems To have
bSen the ringleader) attacked and put to death
IN brutal manner, quiet, inoffensive man who
had done him no injury. and whose only offence
was that he had gently reproved Lally for the
use of bad language. On this statement of facts
me jury found him guilty Of granddaughter in the
second degree
''lt is true that some allowance NAV be made
for the jury, inasmuch as the prosecution had
with singular indi>cTetion deprived their case of
Inc pehent OF the evidence of an important wit
ness oy lndicting him as principal or accessory.
But even without this the case was clear enough
as the Judges charge abundantly proved
{" 1t IL not charged that there were any persons
on the jury who got there by The peculiar process
which so frequently enables culprits in this CITY
to defeat the ends OF Justice Bnt as the trict
has been so often and so successfully tried here
perhaps II would be worth the while of some Of
the members OF the Vigilance Committee which
was lately organized la BROOKLYN to see to the
repression of muTderous outrages to make some
inquiry into the composition Of the panel and
into the antecedents of the jurors. Were there
any Jurors sitting in that case who were agreed
to acquit Ially in the teeth of any evidence and
whose acquie>cencc in the verdict was ONLY OBJ
tanned by the consent of the others to render a
verdict ab>urdlv disproportionate 10 the crime,
The only thing which now remains to he
done TO complete the MEASURE of immunity fnr
crime IL for some tender hearted Governor to
Pa'don Lally. Mr.. Ming will see the consistency
Of acting without delay"
In connection with the above we will also call
attention to the following extracts from an article
In this mornings National Inlelligencer. as it is
peculiarly applicable. After asserting that reform
in the administration Of our criminal laws is
needed, the writer says:
prettv
upon and attention 10 the sc Of affairs in our
Criminal Court has forced the unwrlcome CON
Victlon that the ends of the law have been fire.
qutntly deIrated through its FORMS and that the
public sense has been again and again OUTRAGED
and justice defeated of its dues by means and
eontrivances often as impudently papable to the
common vision as offensive to every Tiybtly.con-
tituted mind. One of the most fruitful sources
Oh these results We have noted to be the cuntinu-
dDee OF certain set of persons as petit iurors
with short Intervals for a series of wears until
the faces OF these men have become dauuerreo-
typed upon the thought as Of no occupation:
trade or profession SO much OF the Jury bust
ness Now, whilst we are prepared to admit
that with jury duty, with everything eIse
practice and experience beft for the proper dis
charge Of il, yet il :, unfortunately but I @
evident that experience has its temptations AZ
We'll IL It's advantages, and that before temDt.-
iion an experienced juryman's integrity some
tinIrs falls. But the continuance OF a certain
st-FeOtyp-d set or men on the jurv panel thouuh
u i the basis, Is only d part of the michel
III, Sl-all1 Ed
tue, pure, TeSOlute and firm. have little or no
chance to be called upon to try eases of import
ance +; they are incOntnently swept aside by the
abused right OF - ChalIenUin0 - and xucb mon
are wlnnOwed out OF long panel as are pre-
summed to be, compared with the rejected ones.
weak in heart or Intellect, infirm of purpose ar
prrndPs the victims Of grossly erroneous views
OF Tue true oljrcts or law OF the lights of socie-
", AID the proper scope OF their own duties and
thus are lit subjects for the fiimsy and fiippant
Appeals and fake logic OF advocates whose only
n .Tzrf - 81.
mach Of habit has il become TO purge a iurv
- much IN possible of the best men on a panel
and 10 retain the worst, that those iurymen who
lag themselves specially out for the business of
term fad II necessary TO stand fair with the Grim
lnti advocates as - good for acquitling. - It's
seldom a matter of any difficulty to predict who
Will or will not be chailen.ed;'' and il is gen
orally matter Of certainty that the wheat has been
rejected and the ch>f retained };
Alter urging the importance Of placing on i'll.
Tes elrar-headed, honest, and competent men
responsible citizens-whose Judgments cannot
be misled by empty sUbtletes and spacious
Pieadings, the article concludes thus:
"A slnSle imam on a jury mentally awry or
morally corrupt Is enough 10 defeat the jud yn.nt
and integrity OF the remaining eleven Anal ,huS
three or four half dozen .prof-ssionaI: inror,
Ca large panel will suffice 10 make the proceed
ihSs OF court burden and all anguish to the
ihteI!rcts ana consc!rnces Of 4 whole commune
" NOT longer to prOtract these remarks we
conclude az we began, by invoking Immediate
reform in the vital topic 10 which we refer The
time is unusually suspicious for il; our District
has had enough and TO spare Of iTrrL MARTY and
disorder, and we can, II we will. at once inauuu-
Fate d reign OF lawfulnesS. order and peace, u
SERIOUS ACCiDENr.-On Saturday IA. ht the
Auxiliary Guard the lower beat of the Fourth
Ward came upon Ia IL OF young men who
Were rather noisy aud disposed to be riotou,
Ohe Of them, Mr.. Thomas Harry told the Iuard
HAT The others desired 10 pick quarrel with him
aud Lr said he would 20 nome if the Guard
would accompany hun They agreed to 20 ID
Tar a. the district Of their beat At Four and a.
hiiI street bridge, Mr.. Harry said he WAS aftald
go by himself, for the party miY ht follow and
bat Llnt. Two Of the Guard went W It'll hin 10 LII
hou>r and he Proposed To loan one OF them 4
pistol he had Ia the house. IL was not his and
L. did nOt know II il was loaded. His wife got
thr pistol aud he began To- examine ia by turning
tL~ ~ Under His finger slipped, and the load
"d' discharged, the ball entering the 1rOin Of
Nj J"hn \ Robry, who was standing ut the
do d, which was open. Robey was taken o the /.
d mary and Ia wound was probed ana rpS,rd Nv
d. HELEN WHO stated that the bail had bruised
the man artery, and the difference If a hairs
bread'h IN the conrse Of the ball would have
caused death ia fifteen minutes As il is the
wound ~ not necessarily fs,!al Mr. Rob.y is