The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-12
Disposing Of the Dunlap and
Taylor Feud.
Letter Of Resignation from
EX-Auditor Thayer.
Report OF Superintendent Of Pub
lie Instruction.
ALBANY, Jan. IL, 1876.

dict Of murder the FIRST degree by reason OF which
many villains have Of late escaped the penalty right
fully due to their crimes WILL in all probability, be pro-
nuctve of legislation during the present OF the
Legislature which will materially affect not only the
existing relation TO the various degrees Of
murder but the pardoning power OF the Cover
nor. bill is now in preparation which
will in week So be introduced
in the House, which viii provide that the
pardonng power now vested the Executive, shall DO
taken away from him and transferred to the Court OF
Appeals with the stringent proviso that no pardon
shall be granted by the Court unless by
vote Of all the members This is, understand, only
the forerunner OF another BILL which will have for its
Sbiect nothing less than the adjustment Of
capital punishment and the substi'Cton of
Imprisonment for life as the nanost penalty
Tor murder in the first degree Tine impression seems
10 prevail among many OF he members who have been
spoken TO TO the ACCESSIBILITY of a change in this
respect Of the riirder statute that jures would
readily thar they do convict murderer Of mugder
N Ii drst degree il the penalty Imprisonment for
lie and that, with the pardonng power in the hands
of the Court of Appeals under the restrictions to be
provided for by the bill l have alluded to- murderers
will escape very easily hereafter This view OF the
question strengthened, too, by the state
made the other day to witness in
he case by one OF the jurymen who
declared Scannel 'Not guilty" the ground of in
'any the effect that had the jury been able under
he law to bring in verdict which would have con
dgned the accused to Imprisonment for life they would
awe brought in such verdict THIS statement when
1 is borne in mind that the jury got Of the diH
,ulty by acquitting him the ground Of insanity,
hows to what lengths jury will 60 when they
wiling to hang man. though convinced his de-
erves at least the severest penalty under the law next
n L ~
move in this line OF legislation the murder
statutes by introducing bill which will efec,ually
put an end to the tricks devices techncaties by
which convicted murderer manages, with the
so OF astuc counsel and rather too liberal laws, to
postpone the carrying out OF the penalty due to his
crime for year two II not indefinitely. In fact
under ii the only appeal that taken in a capital
sase is to the Court of Appeals direct
WHAT THE BILL PROVIDES
The bill provides that in every trial for homicide
where a conviction shall be had for murder in the FIRST
degree 1t shall be duty of the presiding Judge be-
core whom such conviction is had within ten DAYS
after the sentence Of the Court shall have been pro-
nounced TO cause u iull record Of the trial 10 be
made up and duly certned, and 10 transmit
1t TO the Clerk of the Court OF Appeals The clerk
medaely upon the receipt OF the record must submit
il TO The Chief justice who at the earliest dav prac
cable is required to convene the Court OF Appeals
to review the conviction Even If the Court should
Is received II shall be specially convened TO review
The case Notice OF the time and place whore the
Court shall Sill must be given by the clerk TO the Dis
lrct Attorney OF the county where tue Indictment was
found and also TO the prisoner Counsel is OF course
gwen the right 10 appear on such review The Court
may affirm the conviction may for any IN law
upon the merits grant new trial IL the
conviction shall be affirmed no further appeal
or stay OF proceedings shall be allowed except respite
II any Is granted, by the Governor Whenever and
afen a conviction shall be reviewed and new trial
ordered by the Court OF Appeals the proceedings
II
The FIRST degree, shall be again reviewed in
the manner already described If The District Attorney
counsel Tor the prisoner both Of them shall
tail to attend the day apo nte Tor the review Of
The case, II shall, nevertheless, be the duty Of the
Court without delay 20 proceed 10 review the pro-
recdings Of the Court below transmitted TO H. and
10 render judgment like II oral argument
had been made before the Court The record OF the
TRIAL before the lower must be made by the
ytenorrapher Of the else duly au-
lhorized aud shall contain copy OF all the evidence
and exceptions taken on he trial. and The expenses in
rdent to the making Of the record must be betrayed
BY the prisoner, by the county IT he IS too poor 10
THE CITY CAR cowpAxrEs' NINE
It's the practice OF the railroad and stage companies
N New York city cash deposit from every
conductor and driver they employ a sort OF safe
guard fund out OF which the companies get even
with any conductor or driver who iorgets the law of
aeum and tuam TO his profit
Mr. Killian viii introduce bill 10. morrow TO make
he exacting of this deposit from the misde-
neanOr To show what hardship II is for the drivers
and other employees TO have TO make deposit being
employed IL is only necessary TO case which
actually starving, was secured place OF
he city roads driver through the influence
Of local politician, ou! on going to
t50 with the company before getting AS the
party who had secured hun the place had obliged
treat many other poor friends Of his employed by city
.ailroads BY advancing them the money necessary
make the required deposit, and Is by no gold
nine he unable TO advance the 500 and the poor
thus lost his chance OF getting work What makes
mis- deposn business particularly infamous IN these
lard times Ia the opinion OF those who are
ffer hat hc OF
'atished with the men furnishing a bond signed by
tome responsible party. They want the cash down.
q as learn, these deposits exacted rom employees IN
lie case OF one OF the richest city lines sometimes
average $500 week j, can be readily what
saying business the deposit system IS 20 the c0mpa-
nes as they 90 not pay interest the money TO us
MASKS ASp YAcrs~
A delegation OF New Workers, headed by ex-Mayor
Euuiher expected here this evening in the interests
Of the Ledcrkranz and other societies that are anxious
10 have masquerade balls this winter but have tho
wholesome fear in their hearts that, they should be
held before proper proceedings are tASeu guard
against the danger. the anti masquerade law
II ls45 may be enforced by the Police Com
uissiouers The delegation Will De gratnsd,
90 doubt on their arrival here 20 that VT XII
ian boldly took the bull by horns day by intro
auclng bill 10 repeal the law that any incorpo.
rated Society 10 the hold masquerade parties
snd balls so their hearts content and - to and from
their residences and she general rendezvous M
TAX about what chance the bn has Or bccom
ing law. Though u has many II ends u certainly
wil meet with vigorous opposition 10 both houses rom
those who believe that the law Of 1883 good law
II is possible however, that the Bill, amended As 20
GLOW local authorities TO decide what societies IL
would be safe 20 grant the privilege 81 having masQuer.
EIDE balls may be passed IN Tor the liederSrautz
aud The other merry making associations 70 celebrate
the centennial year before Tie 4th % July.
A QUESTION TWENTY DAYS
The Sheriff Of New York county, according 10 his
friends instead Of making money has been Tor some
rccuniary loss and consequently, personal sorrow.
Under The circumstances Mr Engeharts little OIL,