Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-03-20

The New York papers generally approve of
tie hrm position taken by Gov. Dix In refusing
g. commute the sentence of Foster the car
hook murderer, even though seven of the jurors
Who condemned him have now been induced to
Ign an appeal for Communication.
The y. Y. Commercial thinks that the rule of
Jaw that subsequent Parts declarations of
Jurors cannot be admitted to impeach their
SeIdict il set forth by Governor Dix with suffi-
Clent dlstinctness to reach the dullest under
standing. The safety OF society requires that a
verdict rendered under the solemnity of an
oath in the due course of judicial proceeding
shall not be shorn of its strength by any sue
seeding explanations OF jurors.
The World declares that the only result of the
sPieal yili be TO convict these jurors OF mental
rowardice, while il cannot help the condemned
man The Worlds eogent arguments in this
Connection have an application TO murder cases
elsewhere than New York. That paper says:
The petition of the seven jurors in the Fos-
tsr case TO Gov Dix L. an extreme example of
The moral cowardiee which vitiates the admin
bstration of our whole criminal jurisprudence.
II hese men admit that they found a verdict of
guilty of murder i'm the first degree against
Foster. IL they did not believe that that YER
Gnct was justified by the law and the facts,
every man of them peIjured himself when he
rendered it, IL they did not believe IL they had
no choice but to render it, Their 'recommen-
Dalton to mercy was intended, they saw now,
10 avert the effect of their verdict. Ii was to
ehiTk their own responsibility for putting a fell
low man TO death, and il can have had no other
Meanlng- The plain answer to their petition is
ahat they have nothing whatever to do with the
result OF their verdict. They are empanelled
10 decide whether a certain state OF facts of
which they are informed from the witness stand
comes within the statutory definition of a GER
lam crime, upon which they are instructed
from the bench Every juror may believe that
man ought TO be hanged, and vet feel forced
BY his conscience to acquit him. Every Juror
may believe that a man ought not to be hanged,
ard YET feel forced by his conscience to convict
him. His responsibility ceases when he has
rendered his verdict. The punishment of the
offence of which he finds a man guilty it Is not
r. cpnnle 70 re proper for for, him Inn
Y, fdict- But IL II the height of improperly in
him to make formal protest because his recon-
Jurors IN the Foster case show by their imper-
riuent protest the hopeless middle Of their own
minds III jurors would bear in mind that their
Gu'N and their responsibility end when they
have rendered a verdict in accordance with the
I@ets. and leave the punishment to the Lag and
tht femissi2n or puni-..:c,eent " the governor.
with whom the law lodges II, they Would be
III entitled, "a bill TO abolish the plea of
insanity, in criminal cases. has been reported
1SvoTsbiy by the judiciary committee of the
New York Assembly. which provides that if a
IuTy acquit in capital cases upon the ground of
lh-sr'ty, they shall 80 state In their verdict;
s'id the person so acquitted shall be confined
m one OF the state lunatic asylums, or in the
htate lunatic asylum for insane criminals, at
Auburn, for a period Of not less than IS nor
1no c than 80 years, or until il is proved that
s.rf,ity has been restored. Mr.. Clinton the
suthor Of the bili has written letter in its de-
ncnce, In which he argues with much force the
necessity Of some punishment for the criminals
Vho escape their just deserts on the worn-out
lea Of insanity. The bill will probably pass.
GRANT FOR A THIRD TERx.-It would be
edd il the campaign made by the s.liberals''
against q second term for President Grant
should result in his election for a third. The
New York Herald Suggests the possibility thus:
"what chance have the democrats or any
coalition TO elect President in 1876? What Il
90 prevent General Grant being elected for q
ahird term? True, it may be said that would
he unprecedented. But let us consider how
san To Se chosen president three times BY the
~ merican people. Can we suppose Tat Gen
sral Grant would not be gratifed TO have an
homo, conferred upon him that no other man nan
1ersOn, Madison, Monroe, Jackson or any other
President was never honored?"
The New York TTiLuns, although not fully
Endorse the appointment Of ex-senator Saw
ker a. S>stant Secretary Of the Treasury,
HrsnL'' avs he distinguished himself by oppos-
sing IT, ,hieving rings Of his own state, and
has seesrysl such a reputation for exact honesty
that he goes into the Treasury Department with
a ert at deal 70 be said in his favor.
The Massachusetts, House yesterday refused
10 rescind the vote Of censure on Charles Sum
uer. One Of the reasons given was, the impro-
priety Of the present legislature censuring the
Gs;s q previous legislature.