davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1873-03-15
.IURIEE.

The jury question is agtated in all quarters.
The Legislature has passed bill transferring
to the judges the decision of jurors qualifi-
cations now intrusted to the triers. The Bar
Association has recommended to the COnsti-
tutional Commission an amendment author
izng the reference of the question of sanity
to a special jury of five experts, and another
providing that in all civil cases, and in Grim
inal cases not involving the punishment of
death, the agreement of nine jurors shall be
sufficient to convict Here we have attempts,
more or less well considered, to remedy three
of the most serious evils of our present sys-
tenn.
1t is notoriousiy dangerous to meddle with
law reforms, and there should be especial eau
ton in disturbing practice which has been
for ages fundamental part of the Anglo
Saxon judicial system, and has been regarded
as chief safeguard of personal liberty and
impartial justice But the popular reverence
for trial by jury, in the precise form in which
we now have it, is enormously exaggerated.
The system has grown by degrees to its present
proportions. 1t originated in state of society
very different from ours. 1t has undergone
various notifications to fit the requirements
OF progressive civilization. For many gen.
erations, however, it has stood unchanged In
the midst of changing conditions of life, and
doubts may well be entertained whether it has
not become entirely inadequate to a state of
things which was unthought of at the time
when juries were first summoned. 1t ia still
the safeguard of the innocent against unjust
punishment; but whether it is any longer suf-
ficient, as it is now administered, to protect
society against the evil-doer, is the question
which Our jurists have TO consider.
The three points of objection are, 1, That the
law, or CUSTOM as 10 qualifications of jury
men inevitably fills the box with men who
are unfit to decide any case of moderate diff
Guilty; Q, That in a great number of causes
now intrusted to jnries, justice would be much
moro surely administered without their inter
vention: and g. That tho requirement of
New-York tribune., 1873-03-15

year by year. TO its conclusion. This vo.,,
have the great advantage Of keeping eo."
pany informed day by day as to its real a soa
dition. and not so dependent as now upon D..
valuation made by actuancs from computations
at the end of the year. The greatest adyapt,ss
if this method were adopted, would, howevo.
accrue to the pOlicy-holder. His agreemsn.
with the company would then have the fe.,
ure-cus.Omary in most business transactions
of being understood by both parties 70 !,
Neither could afterward object that it did No.
fulfill expectations. The provision in ease q,
dissatisfaction for an end TO the busine..
would be part of the business itself. Al H..
time Of its issue, the holder of the polie,
would be advised exactly how much he couIS
get back from its surrender in any future yes,
New-York tribune., 1873-03-15

the Court which tried it, and the law was
definitely stated in the decisions of the ap-
peIlate tribunals before which it was carried
Gov. Dix, it seemed to us, had no discretion
in the matter. If his action is open to any
criticism, it is that his long delay in
coming to a decision has excited hopes and
encouraged excrtions among the friends OF
the unhappy man which are cruelty disap-
pointed by the result. 1t has seemed to us
from the beginning that the case could have
n other logical or legal termination. Yet the
end of it all is, confirmation of the sentence
which appears more cruel than the original
verdict, short week of despair that will
nfalliby gain for the prisoner the sympathy
which until now has been lacking, and at the
end q spectacle of which the evil is only too
evident, and of which the good is in this case
two years after the crime-only probematl-
New-York tribune., 1873-03-15

AN IMPRO VEMENT IN LIFE INSURANCE.
There are probably more people paying for
life insurance than are directly paying taxes
in this country. The amount of money in
volved in life insurance is enormous; the in
terests dependent upon it include in very
large proportion the families of both the rich
and those in what are called moderate cir
"cumstances" in every community. The sys-
TEN is better in many respects than the life
insurance of any other country; gives more
insurance at lower cost, with greater privi-
leges; and in general exhibits more liberality.
There is also just reason for the confidence
reposed by the people in the life insurance
companies, since the management is kept we'll
under supervision in most of the States, and
has met with no such disasters here as have
marked its history in England
1t is right, however, that so large a trust
should have its management scrutinized with
jealous care. There are from time to time
wordy attacks made upon it by those who
have given the subject merely superficial con-
sideratiOn. The heavy expenses of the bust
ness are made the subjects of severe and
injurious criticism. Doubts of the value of
the system itself are widely spread. in cOnse
auence, among those who take hasty gen.
eralizatiops for facts These and other
causes lead to frequent Instances of
disseminating policies, or seeking their sur
render. There is not exactly popular feel
ing of suspicion about life insurance, but there
is an underlined and slight, yet very general,
dissatisfaction. Recognizing this fact, we have
asked the Hon. Elizur Wright of Boston, an
unquestioned authority in these affairs, to give
to the readers'of THE TRIBUNE his views as to
the mistakes, if any, that are made in con-
Quoting life Insurance. and the probable con-
sequences. His reply will be found in other
columns.
The principal dissatisfaction of the holders
of life insurance policies is that which is most
developed when they wish to withdraw. Various
devices to cover this in advance have been
put forth in the programmes of insurance
companies; such as paid up" policies and
the like-that form of these which is made
chusetts being about as good as any-but none
of them are perfectly satisfactory. The amount
of money which companies will pay upon the
surrender of policies is usually so small as TO
seem absurdly inequitable to the applicant Yet
the actuary is ever ready with pencil and paper
to demonstrate the .justice of the transaction
by showing its relation to minus one, raised
to the tn power Mr.. Wright indicates.that the
companies have really been mistaken in this
matter; that they can and should pay more
than they do, when policies that have long
been running arc surrendered. lie proposes a
continual ANALYSIS of each policy in advance
New-York tribune., 1873-03-15
Il RIP E S Ill E E T.

Mr Disrae is reluctant to the task Of organ
ising a new Government. - Earl Derby is reported
to be forming a Cabinet.
The United States Senate continued the Caldwell de-
bate. Senator Seburz making an able speech. g. Col
ector Casey OF NewOreans has been reapponted, and
Marshal Geo. H. Sharpe has been appointed Surveyor of
Hew-YOrk. 80 The Erie Investigation will begin at
hanged in Illinois.
Gov. Dix has refused TO commute Posters SEN
tence. 49, The murderers Beakley and Leahey are
pronounced sane. - number Of daring rObDer1es
have been committed. Tue Controller has complied
with the senates resolution relative to judgment COSTS
- The Cordes murder trial has closed. 80 Gold
us, n4i 1I4T Thermometer, $50, 40, so.
New-York tribune., 1873-03-15
THE END or THE FOSTER CASE


The Governor has finally refused to interfere
with the course of the law in the case of Will
liam Foster. and yesterday notified to the Sheriff
that the sentence should be executed upon the
day fixed. The most determined and skillful
effort ever made to save the life of a criminal
has thus failed. The majesty of the law is to be
vindicated by spectacle of punishment which
is blot upon our civilization, and from now
until the hour which shall close the tragic
story of crime and retributiop, the SYM
pathies of the public will flow toward the
prisoner and toward his honorable and stricken
family. They at least can have nothing to re-
proach themselves with. They have exhausted
every expedient which affection and family
pride could suggest. If now, in spite of all
their efforts, the law takes its course, they can
only consider that no stain is cast upon them
by the error of their relative. They deserve
and will receive the respect and sympathy Of
the entire community.
There is no necessity for arguing the case
anew. This was done with great thorough
ness before every tribunal in the State
into whose jurisdiction it could be brought.
They all found the accused rightfuly SEN
fenced in view of the law and tho facts. In
the recent discussion which has arisen in con-
nection with the application for Executive
clemency this point has been greatly over
locked. The facts in the case were all before
New-York tribune., 1873-03-15
amuscments, ETC., CHS Guenius.

Ac.nRNy ON MUsIC.-At1i: Italian Opera, Mig
DoaS silles iuca KsloSE etc.Ats Philharmonic Concert
RooTu's TuEATRR.-At1l II and ats; mo thorough
fare" w. ]. FlOreseeA
Co.'S, Oprp. HoUsE AT II and at 8: Rough
Inc i,s Mr.. John Wool and John BrouRhain
W., T,,,ru AVENUE THEATER.-At II and at 8 :
"kIre" Miss Csn Morris - -,
NIBL0's GARDEN.-At II and at Leo ana ho'oS'
n, ,x,,p,c TurATER.-At Ii and at &: "Humpty
Dumpty" George L. foI
UNIoN SQUARE THRATER.-At II and at g: "A Busi-
ness Woman" d. H. HArkns and Miss MARY GnsWoh
WnIACK's THRATER. AT II and at 8; DAVID
0.riok" T. A. SOthern-
ASSOCIATION HALI--At 9: Readings. Geo. van
denhoe -. AT g. Readings PraL ant Mra LYMAN
Tony PASTORS OPERA HOUSE. AT and at 8
"TAe Connterfeiters Doom"
New-York tribune., 1873-03-15
APPRECIATIVE CONSTITUENCIES.

These be balmy breezes that come to us
from East and West, from prairie bottom and
from ocean shore. On their wings they bear
the sweet perfumes of friendship, the incense
of affection, the exhalations of tenderness and
love. From North EastOn and South Bend
come odors of public dinners and sounds of
grateful praise. Two statesmen have gone
home. They have retired from public life and
been welcomed by cOnfding constituents.
South Bend reached out the other day and
took Mr.. COfax by the hand, with the assur-
ance that it believed in him whether anybody
else did or not. 1t was q very touching exhi
bition. Republics are nOt-nO, they are not
ungrateful. Mr.. Colfax responded with much
feeling to the reception committee. He said
he had been prosecuted by malicious and
vindictive press and he forgave reporter of
The Chicago Times with so much genuine
emotion that the crowd of South Bend people
who had invited him to "rest in this BOSOM
went bowling round in little eddies and gusts
of passion, looking for somebody connected
with The Chicago Times to bruise and lacerate,
and finally descended in installments on the
bridge of the wrong mans nose, leaving that
feature in pulpy and sanguineous state. Ii
was one of the remarkable features of the
South Bend demonstration, that as soon as Mr.
Cofax forgave The Chicago Times man the
excited citizens manifested q desire to punch
The Times mans best feature whenever and
wherever found. IL illustrated the attachment
of tbc citizens for Mr. Colfax and the mower
New-York tribune., 1873-03-15
TERMS OF THE TRIBUNE.

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Tue TRIBUNE has just published is Lecture Extra No.
4 hieh contains perv JilH reports OF Mr. Wesss S1 Lee
tRres on Shakespeare aud the Sepen Lectures on Art IN
the recent at the National Academy; cdrerh4 40
strdct or HQres Ar0Onaus Of 49, ana oer0GttD
reproduction James PGFtOns lecture on Ine P1tgrs
Fathers as Men OF Business" Single copies OF Us eIrd-
ordinary sheet sent 6y aG for Ue cents THE IRi
USE has also recently published in an errd sheet Of eigM
pages and i form convenient for preservation or edy
reference a complete resume Of the entire Credit Mober
Investigation. The reports Wleh hare for too months
numbered the papers carefully condensed w,nnot9ed
ofexirdneOHS matter and pTeSented t GEAR ana aHteH
OibLe shape without note comment Single copies are
sent bv mail for 10 cents 0 copies for 10 cents or Vre
coies fot 2b cents The usual discount TO the trade.
New-York tribune., 1873-03-15

Under existing laws, Collectors of Customs
are required to send returns of the business Of
their Office to the Treasury Department, once
a month. For some unexplained reason, the
Collector at this port has not made any returns
of the warehouse business Of New-York since
December, 1871 There is now a deficiency in
that account amounting to nearly $20,0O0,000
This fact was stated in THE TRIBUNE, the
other day, and drew from the Custom house a
denial which implied that the trouble was be-
tween the First Auditor of the Treasury
and the Commissioner of Customs AS
it happens, however, both these officials
belong to the Treasury Department; and
that Department is understood distinctly
to authorize the statement that it has not
received the warehouse accounts of the New
York Custom-hOuse. We cannot pretend to
say how much of this $20.0O0,0O0 deficit is
constructive" as the lawyers say; but, if the
law means anything, there is a defaultng
officer in the Custom-house. The amount in
default is very large, and it is pity that it
has just been discovered in the best Civil
Service on the planet.
New-York tribune., 1873-03-15

In regard to the sale of railroad concessions
in Prussia, our Berlin correspondent gives
some details of the transactions which have
recently caused so much excitement at that
capital The letter which we publish, how
ever, is chiefly serviceable to show the great
advantages which may accrue to State from
q well-organized civil service.
New-York tribune., 1873-03-15

We publish, this morning, au interesting and
timely letter from correspondent upon the
anomalous constitution of Courts Martial, and
the necessity of their reform upon some basis
of general equity and common sense. Es-
pecially in their hard dealing with the accused
is change demanded; nor can such change,
we think, be for many years delayed
New-York tribune., 1873-03-15

We learn that great scandal will probably
be developed in the course of day or two,
in connection with alleged frauds by certain
large mercantile houses in their internal rev.
enue taxes. The names of the implicated par
ties are of the highest commercial standing.
New-York tribune., 1873-03-15

We have so long been accustomed to consider our
Jury system as one of the projections OF jurispru.
dence, and as the very palladium of public ana
private rights that it seems almost like blaSphemY
TO propose its amendment. as Sir John Colendge nS
done in the House of Commons. That gentiemsn
thinks the number of twelve TO be unnecessary
large and unwieldy. and proposes seven instead n0
majority having power to determine the verdio'S
Strange to say although the jury system as at pfe'
ent constituted is of thoroughly English origin an"
AN institution of which Englishmen are exceed'"sy
rron,. the proposal of Sir John meets with genera,
approbatiSs, We think the number of jurors 70 "so'
less Importance ethan their special int w 10 iSs
case which they are called upon to consider Wes@
no practical difficulty iu splan of so constituting Wv
uries that commercial casa might be gwen 10 'o'
consideration of commercial MEG. medical cases W
medical men, and so on. Take, for Instance aoS'
seeking damages for collision at sea-to whom eoa's
it be better couided than to jury Of shipmas'e"'
Aud yet jury of matrons is about the only comes
sion which our common law makes 10 TINS pi''"
principle except perhaps IN its provision for Jul,
of the vicnage The central idea of the jury sys'eH
is excellent, but it must be allowed that seVefs'0 0'
ITS features are obsolete. If not baibaro"S
achronisms.
New-York tribune., 1873-03-15

abstract of the debate in the Senate to the
attention of the reader, IA a clear evidence
that that body must have done with dilly
lying; it is obliged TO look at the facts ana
the law squarely. There can be no more dods
ing now.
New-York tribune., 1873-03-15

The physicians authorized by Judge Brady
to examine into the mental condition of Bleak
ley, the murderer of Maud Merrill, have pro-
nounced him sane, as also another murderer
named Leahy, who, they say, is Stimulating
insanity. But they gravsly declare George
Francis Train insane. In view of the per-
sistency with which Bleakley's counsel ad-
vanced the plea of insanity, it seems the
inquiry might reasonably be extended in that
direction.
New-York tribune., 1873-03-15

The Senate, apparently, has just walked up
to the importance of the proposition to de-
clare Mr. CaldwelIs seat vacant. The languor
with which Senators took up this case. few
days ago, has been replaced by a vigorous
interest. The mild drizzle Of debate has given
way TO a series of able speeches. Senators
Scott and Schurz spoke yesterday with great
power and acumen. We commend our full
New-York tribune., 1873-03-15

Any President who would reappoint to office
such man as Collector j. f. Casey of New
Orleans might be fairly given over to blind
ness of mind and hardness of heart. Mr..
Casey was Extensively active in the original
Louisiana troubles; he lent the Custom house
service to the conspirators who attempted to
break up the Legislature; and all his acts
were so notoriously at war with the princi-
pies of common decency that the Congress
Committee of Investigation could only submit
the facts and silently await the result. The
result was that Casey was retained in power; |;
and now he has been again appointed to
the position which he has 80 openly and
shamefully abused. There never was any
palliation offered for Casey's conduct. The
only reason which can now be found for his
persistent retention in Office is either that he
is the Presidents brother-in-law, or else that
the Presidents chivalry cOmpels him to stick
by man for whom nobody else has a good
word.
New-York tribune., 1873-03-15

We present our readers with two sunlighted,
pictures from Southern Europe in letters from
Lisbon and Sorrento, printed on the third page
of The TRIBUNE, to-day. To be sure, the
current chapter of Amadeo's career may not
seem especially sunny; but our correspondent
says that the ex-King looks on his two years
of royalty as dismal sort of masquerade; 80
bis temporary sojOurn in Portugal must be
pleasant enough. Life in Sorrento, as pictured
by another correspondent looks agreeable from
this distance and through the medium of our
March atmosphere.
New-York tribune., 1873-03-15

On the eighth page of THE TRIBUNE to-day
we print clear and forcible analysis of the
City Charter now pending in the Legislature.
The document is prepared by subj Committee
of the Liberal Republican General Committee
of this city, and invites careful examination.
In the confusion which successive ill-digested
and partisan city charters have wrought, we
have lost sight of many Of the constitutional
landmarks which ought to guide citizens and
lawmakers alike. The review is timely
because it recalls these half-forgotten points !;
and, more especially, because the applica-
ton of constitutional principles to the pro-
posed Charter shows how illegal is the
scheme which is intended to misgovern New
York by an invasion of popular and pre-
scriptive rights.
New-York tribune., 1873-03-15

We give at some length the address of Mr..
Charles Francis Adams, jr., before the Massa-
chusetts Legislative Committee on Railways.
Editorial allusiOn to this address was made
few days SINCE when we had occasion to
mention the remarkable conclusions of Mr..
Adams as well as the ability with which the
subject is discussed. Whatever may be the
views of readers as to the very debatable
question of State interference with railroads,
none interested in this important problem
will fail to appreciate the light shed ON it by
Mr. Adams's researches.
New-York tribune., 1873-03-15

An event full Of awful warning occurred !" wv
necticut last week A young man had Ioune,e
from Danbury to Bridgeport 10 ENJOY the P'''"'s
ance of "The Black Crook" aud upon his res",~
accidentally fell from tho and was inS',"~ ,a0
killed Such an event M that would have ~
greatly Improved" IN Connecticut a hundreu ''-
ago.
New-York tribune., 1873-03-15

Here are the fragile Civil Service rules all
broken once more. When Mr. Cornell went
to the Legislature from the Surveyors office
of this port, the vacancy he left was filled by
his deputy, Mr.. j. l.. Benedict, who was
nominated to the Senate. Mr.. Benedicts name
was subsequently withdrawn and Civil Ser
vice Board was constituted to examine, Gt was
pausibly said), the several candidates for pro-
motion. These candidates were five or six of
the higher functionaries of the Surveyors
office, including 1--WE must presume) MIR. Bene-
dict. Well the Board has reported, doubt
less and the new Naval Officer is-United
States Marshal Sharpe! Is this the outcome
of Mr.. Curtis's fine Civil Service rulesf Is
this au that can be done in the Surveyors
offcef If it cannot furnish one man fit for
Surveyor, it should be reconstructed forthwith
and without mercy.
New-York tribune., 1873-03-15

We are rather surprised TO he told that We o'o"
better lager-beer in America than they do III "o'
many. and that Prof. Liebig says 80. WIN i''"'
high compliments to American intelligence anu :"
terprise. He accuses his countrymen oil w
attachment to routine methods, and adds tna' '"'s
are seemingly incapable of helping thenlssn
They are certainly capable Of helping Themselves
"A great deal of beer.
New-York tribune., 1873-03-15

The task of the Conservative leaders in Great
Britain is a very difficult one. They have no
hope of obtaining majority to support them
in the present Parliament in case they under
take to hold the reins of Government Be-
sides, the Irish University Question presents
few facilities for victory of their party if
they decide upon dissolution of Parliament
Our dispatches this morning represent Mr.
Disraeli as undecided, with strong tendency
to refusal to construct Cabinet. One re-
port goes so far as to represent the Earl of
Derby as willing to undertake this work. He
is a more liberal conservative than Mr..
Disraeli, and, if we consider the interests of
his country, he would be the least of two
evils.
New-York tribune., 1873-03-15

Gen. Fremont publishes in THE TRIBUNE
to-day full reply to the charges when
have been made against him as Presi-
dent of the Memphis El Paso and Pacihc
Railroad Company. The main points OF MS
defense are that he did not become President
of the Company until after the alleged trans
actions took place; that the enterprise when
he represents is genuine one, and that the
work of placing the bonds in Paris was in
trusted TO subordinate agents. The explana-
ton of Gen. Fremont deserves attention as
coming from reputable citizen whose good
name is part of his country's history.