davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1879-09-25
Jury Disagreements.

In reply to Judge Gildersleeve's COM
plant that jurymen do great deal Of dis
agreeing the HERALD has received a pithy
letter from one of the gentlemen who,
according to the principle underlying
the jury system, are supposed to be
equal to duties which many other
men fail at, even after years of profess
sional training. 'Juryman" claims that
judges disagree ottener than juries do, and
if the proportionate number of cases delib-
Grated by the two classes is considered his
claim will probably prove not far from cor
rect. Then he states plainly the principal
cause of the trouble by saying that we have
"shoemakers trying disputes of commerce,
tailors trying disputes of housebuilders, "
&c. If business men-if lawyers and
Judges, even-were to leave case to
arbitration, which is what legal
consideration is supposed in fact to
amount to, they would not for a
moment tolerate the average juryman as
an arbitrator, but would search for experts
who were also men of clear heads and de-
cided opinions. But the fault is not al
ways of the jury alone. "You have" says
the writer, 'lawyers telling jurymcn some
thing they do not know and would make a
failure of if they should undertake it," The
assumption of knowledge with which many
a lawyer addresses juries is equalled in
dishonesty only by the attempts that are
made to befog tho juryman's mind upon
points in which the attorneys case is weak.
The public prosecutors are no better in this
respect than their opponents; they assume
that their duty is to convict, no matter what
the character Of the defence may be; their
standing as pleaders is of more impor-
tance to them, in view of practice after they
retire from office, than the States reputa-
tion for justice and uprightness. Finally,
the writer pays his respects to the judges,
of whom there are many whose only claim
to the Bench is found in their having suffi-
cient political standing to be elected to the
position. The appeals, in interminable
line, which have come to be almost the in
evitable thing with defeated litigants who
have money, show more hardly against the
Bench than the jury box. The only REM
edy easily attainable that suggests itself is
the "struck" jury, composed OF men who
The New York herald., 1879-09-25
Mr.. Hart.

Who that has seen this dusky young
Apollo swinging around the track, every
muscle in motion-a picture of grace and
power-but will recall with pleasure the
ringing cheers that greeted him? 1t is not
the physique that we associate with men
OF his color. There is none of the slouch
of the plantation or dandyism of the barber
shop about him. He is in earnest, without
the grim set of Ennis or the perfect ease of
Rowell, but just intent on his work. AS he
walks he looks like bronze O'Leary, so
they call him Black Dan, and, as he is
a protege of the ex-champion, he likes it,
His face has almost an Egyptian cast, and
on the track he seldom smiles. How well
he has been doing A few days since he
won a seventy-fve hour race at Provi-
dence, and in spite of the telling effects of
such struggle he has at no time yet in the
great race now progressing been very far
from the leaders. He cannot be in
first rate form for this tremendous struggle,
but he is full of stamina, and WILL barring
accidents, be feature in the race right to
the close. 1t would seem generous of the
public to applaud him, if his every move
ment did not demand admiration, and as
long as he perseveres he will be sure to
meet encouragement without stint. If the
belt must 60 he will be good man to send
after it-our sporting envoy extraordinary
to England. Bravo Hart
The New York herald., 1879-09-25
Mr.. ROwell.

Never were honors more gayly tripped of
with than when this gallant little Briton
took away the belt in the race at Gilmore's
when it was said that he did not start in
the subsequent match at Agricultural Hall,
London, in June because Of o shoepeg in
his heel. They said the ''little giant"
was reserving himself, but he could
not have relished seeing the belt car
ried off by Weston, with q score
fifty miles greater than any that stood
to Rowell's name. But that fifty miles did
not make the American sporting public
think Mr.. Rowell anything less formidable,
for he rolled up his five hundred so easily
that it was believed he could add the best
part of another hundred to it any time he was
pushed. A fine performance has been looked
for from him, and well has he met public
expectation. The experts say he is trife
finer than he ought to be, but he travels
with his old dogtrot as easily as ever, walks
better than he did last March and beat the
record handsomely at thirty hours. To
see him in brush with Guyon or Hart
is always to see him hold his own, and in
little while it is found that he has done
still better. On Tuesday night three Of
his competitors logged up to within fifteen
miles of him; but then he was asleep, and
when he wakened up he tackled on mile
after mile till the best of them were like
Sheridan once on time. twenty miles
away"-ay, and more than that When
the plucky little Englishman's score is
compared with the record he may be few
miles behind; but remember that he is
walking against men and not against time.
If he keeps all his competitors fifteen
miles behind him his record will take care
of itself Bravo, Rowell
The New York herald., 1879-09-25

doubt, or pretended doubt, rests on that
part of the language OF the statute which
is intended to protect the weaker side. The
precise wording of this part of the law
Stand those appointed to represent the
party in political minority on State issues
in the said city and county to be
named solely by such Commissioner, or
such of the Commissioners of Police, in
said Board, as are the representatives of
such political minority" This language
makes it perfectly plain that one side at
least is exempted from having its choice
overruled and set aside by collective vote
of the Board. One half of the inspectors
are to be named ''solely" by the Commits
sioners who represent the minority party.
Their choice at least cannot be nullified
by the collective Board without plain
violation of the law. And it is these Com
missioners themselves, the Commissioners
who represent the political minority, and
not anybody outside of the Board, that pos
sess this ''sole" authority to name one
half of the inspectors of election.
Now, does the omission to name the ma
jority in the same specific manner de-
prive them of their equal rights and
equal advantages in the election? This
would be a violent hypothesis even
if the whole law on the subject
were comprised in the section from which
we have quoted. But there is another Sec
ton the sixteenth) which fixes the inter-
probation Of the law and clears it of all
reasonable doubt. It is the section which
prescribes the manner Of filling vacancies
in the words following :-'Whenever, from
any cause, there shall be vacancy in the
Office of inspector of election or poll
clerk the person appointed to fill such
vacancy shall be named by such
Commissioner, or such of the Com
missioners of such Board Of Police, or his
successor or their successors, as named the
inspector or poll clerk in whose place any
such person is designated"
Nothing could be clearer than the full
equality between the two political sections
of the Police Board which is asserted in
this direction for filling vacancies. The
sole authority to fill vacancy is conferred
on that part of the Police Commission
ers who made the original appoint
ment. This provision reflects back a
clear light on the original power of appoint
ment. 1t conclusively establishes the in
depreciation which puts the representatives
Of the majority and the representatives of
the minority on an exactly equal footing,
and makes the action of the collective
Board merely formal and ministerial in
confirming the names which the two re-
spective sides had the sole authority to
select.
The New York herald., 1879-09-25
MIR. Weston.

What is the matter with this veteran and
father of long distance walking in America
When he made five hundred and fifty miles
in his last race for the belt on English soil
and captured that symbol OF the flying
foot we all exclaimed that he had renewed
his youth in excelling all he had ever done
before. We expected to see him stick
to the heels of the little English
man as he had to "Blower" Browns
at Islington. We heard wonderful
stories of Weston's systematic way of going
on a time table; how when he had made
three hundred and ninety miles at the end
of the fourth day he deliberately took five
hours rest SO as not exceed his schedule
time. We accordingly prepared to throw
up our hats for him in this match; but,
alas he has not given us u chance.
1t was unsatisfactory to hear that
he was dropping behind, though APP
parently in good condition; that ho
was dancing tin cup on q walking
stick; that his stomach was uneasy; that he
would not eat; that he was doing everything
but rolling up his score at the requisite
rate. Here was a champion who had no
sore toe, but was getting as dainty on his
feet as If he had half dozen No. blisters.
Then all at once we hear of his bursts Of
speed we rejoice, but he fickers out again
The New York herald., 1879-09-25
The stratford Tragedy.

Seldom has the public been shocked by
an occurrence SO lamentable as that by
which Connecticut clergyman lost his life
deceased and the pleasant nature of his
family relations give to the affair
q startling effect that is wholly lack
ing in domestic tragedies that have
their source in conjugal quarrels upon
the lower planes of life. The physical con-
dition of the unfortunate wife. as limited at
in our despatch upon the shooting, is one
which is professionally and privately
known to be the cause of intense personal
suffering, which in thousands of cases re-
suits in temporary or permanent men
tai derangement; but happily it's outward
manifestations are generally the reverse Of
personal violence. Until more is known
about the unhappy affair the only justi-
fable public sentiment will be one of pity
ing sympathy for the invalid wife who has
suddenly come into such unenviable and
terrible prominence. Legally the case
demands and probably will receive the
attention of experts in physiology and
mental alienation but, unfortunately, it
can hardly help being dragged before jury
and the public to outrage the sensibilities
of all true men and women to an extent
that is disgraceful to our present jury sys-
tenn. With such case, as it at present ap-
pears, the average juryman has no more
right than he has to determine the differ
ences between churches or conflicting
schools of philosophy.
The New York herald., 1879-09-25

The WEATHER The pressure began decreas-
ing very rapidly within the depression that
was moving over the Gulf of St. Lawrence on
Tuesday night and yesterday morning consider
able energy was developed The influence of
the disturbance was felt over the Middle Allan
tic and New England States. The barometer is
highest in the central valley districts. On the
western Gulf coast it is falling quickly
owing TO the approach of disturb
ance from Mexico Rain fell in the
lower lake regions, Middle Atlantic, New Eng
land States and on the Gulf coast. The weather
was partly cloudy except in the Northwest.
The temperature rose decidedly in the Gulf
States, slightly in the Northwest and fell In the
other sections of the country. The winds have
been from fresh TO brisk in the lower lake re-
gions and light elsewhere. The storm in Eng
land was very sevete, as will be seen by the
special cabcgram from London. Another is
likely to reach there byto-morrow. The weather
in New York and its vicinity to-day will be cold
and clear. Tomorrow the same conditions are
likely to prevail.
The New York herald., 1879-09-25
The Advance in Afghanistan.

Lord Beaconsfeld's Ministry cannot long
remain quiescent in face Of the ferment
which the new campaign against Afghanis-
tan is making in England. Whatever may
be said Of the last campaign that ended in
the fimsy treaty with Yakoob Khan, this
war cannot be traced to the evil influence
Of liberal policy. Mr.. Gladstone, who
played the part of Cassandra in warning
the government against the danger and
folly of an English Residency at Cabul.
will be furnished with a full supply OF am
munition. The British public, however, is
willing to pay for military successes, and
if the Premier can furnish these the
blunders of their late Afghan policy will be
easily condoned. But should disaster befall
England are now shouting on, or any of the
disafiected portions Of India rise in rebel
lion. believing the opportunity had arrived
it would fare i'll with Ministry already
weighted down with the depression of trade
in England Still, the willy Earl has had
wonderful luck. What could be more
opportune than the fact that the Afghan
resistance collapsed just as the Zulus were
making head, and that the mutineers
ut Cabul held back until Cetywayo
was stripped of his gallant legions? 1t was
fortunate for him, too, that when they did
strike there was yet time to get together a
fresh expedition that may reach Cabul be-
fore the snow flies. The news from the
command of General Roberts signifies that
all is ready for an advance. The Indian
authorities must have worked hard to bring
this state of affairs about. 1t will be seen
that no force is expected just yet to ad.
vance on the Khyber-J elalabad route. The
present movement is through difficult coun-
try enough-narrow valleys dominated by
precipitous mountains and mountain
spurs. 1t will advance from the Kuram
Valley, through the Shutargardan, and
thence along the valley Of the Lagar River
to Cabul. We are curtly told that "resist-
ance is expected" at Kushi. Having no
estimate of the Afghan forces we cannot say
what obstacle will be opposed to the "aven.
gers of Cavagnari, as London calls the little
army of some seven thousand men--halt
Indian troops-which is now entering or
its perilous mission.
The New York herald., 1879-09-25
Commissioners OF Excise-One MIDDLE
Ended.

Ended.
The Court of Appeals has rendered a de-
cision which terminates one of the many
existing controversies respecting the rights
and powers of local officers in this city.
The Commissioners of Excise hold office
under general statute passed in 1870,
which fixes their term of service at three
years. Successive Mayors of the city, acting
in pursuance of that statute, have appointed
Commissioners of Excise at the expiration
of the three years terms, until the present
incumbents professed last year to have,
made the discovery that they were city
officers under the charter and that their
legal term is six years instead OF three.
Asserting their rights in the courts a de-
cision was pl ocured in November last that
their tenure of Office and mode Of removal
was regulated by the charter and not by the
general statute of 1870. The case was car
ried up to the Court of Appeals, which has
just rendered it's decision extinguishing
the pretensions Of the Commissioners. It
is adjudged that they do not hold their
offices under the city charter, and that
their terms expired at the completion of
three years from the date of their appoint
ment. The decision of the Court of APP
peals is unanimous, except that Judge An
drews did not concur in it, being absent
It is discreditable to our local tribunals
that they so often render judgments which
are unanimously reversed when they reach
the court of last resort. If there were
grounds for reasonable difference of
opinion there would naturally be division
in the Court of Appeals. Our recent
judicial history tends to show that there is
no sort Of illegal claims which some local
Judge or another cannot be found to in
dorse, and whose decision stands as law
until the Court of Appeals reverses it and
puts to shame the judge who rendered it.
A truly able, impartial, Independent and
conscientious judge should seldom be sub
jected to the modification of having his
judgments overruled by the highest court.
The New York herald., 1879-09-25

POLICEMAN who was summoned to appear
before the Commissioners for not preventing a
robbery did not answer when called but how
could he answer, being under lock and key
for threatening to shoot "a bartcnderl Do the
Commissioners imagine that their men are a lot
Of spiritless fellows. who have time in which to
answer whenever they are calledl
The New York herald., 1879-09-25
PETER GOELET's CONDITION.

Following the death Of Mr.. Robert doelet on Mon
day last, rumor that his brother. Mr. Peter Goelet
dangerously Ill found its way into print yester
day. II ascertained upon inquiry that the
runor is without foundation in fact, and that tho
physical condition of the surviving brother is as
good as it has been for long time His physician
stated that although he Is advanced in years. there
Is no danger of his demise, either ut the present
time in the immediate future.
The New York herald., 1879-09-25

BETWEEN THE TESTIMONY OF CoNvICTs and
the honesty of contractors who supply prison
food the public is not likely to hesitate long be-
fore trusting the former so the complaints
about vile food at Auburn Prison are likely to
be believed until they are combated by better
explanations and from better men than usually
are heard in such cases.
The New York herald., 1879-09-25
ADJUSTMENTS TONIGHT.

AQUARIUM-H. NJ S. PlSAFoRE
HAvERLYs THEATRE-ouR DAUGHTERS
NIBLO'S GARDEN-ENcnANTMESL
wALLACK's THEATRE-woLFERrs Roosn
BOOTHS THEATRE-REscUEp
HOPELESS OLYMPIC NEUTRALITY-SUSPICIOUS..
FIFTH AVENUE THEATRE-LA PEIIcHoLE.
UNION SQUARE THEATRE-MY PAnrNER.
DALY'S THEATRE-NEwPoRr
ABBEY's PARK THEArRE-CRusHED TRAGEDIAM
STANDARD THEATRE-NARcIssE.
AMERICAN observation-disclosures.
THALIA NEUTRALITY-SUSPICIOUS.
CHICKERING HALL-CAILoTTA PATTI.
ABERLE'S NEUTRALITY-SUSPICIOUS.
ROSTER 4 BIALs CONCERT HALL
THEATRE CoMIQUE-MuLLrcAN GUARD CHowDER.
SAN FRANCISCO MINSTRELs
GRAND OPERA HoUSE-ToNY PASTOR
The New York herald., 1879-09-25

WHERE ARE Those VINES that the New York
III road was going to plant, about such of
their structure crosses the Battery, to hide
the unbeautiful iron work from view! The Park
Department might have earlier called attention
to the neglect of the road in this matter; but it
is not yet too late for the directors to explain
why they did not do as they explicitly promised
The New York herald., 1879-09-25
WALL STREET YEsrERDAY.-The stock specu.

WALL STREET YEsTERDAY.-The stock specu-
lation was very active, but the market was only
steady to weak in tone, except for the coal stocks
which were exceptionally strong. Money was
sharp per cent until the final dealings, when
it was offered as low 3, with actual business
at 5. Governments were about steady and in
good demand. Railroad bonds were fairly
active but irregular.
The New York herald., 1879-09-25

COMMISSIONERS WICKHAM and Watson
Watson of tcn-dollar corruption fund mem
ory-alone voted yesterday to reduce tho Board
of Education's estimates. Considering the IN
sufficient number of school buildings and the de-
mand that the buildings already in use shall be
properly warmed and ventilated, the gentlemen
named will probably hear something that they
should have known earlier.
The New York herald., 1879-09-25

are at least intelligent regarding the inter-
ests involved, but this can be but partial in
its application. For the rest, small
amount, even, of ordinary sense of honesty
on the part of the average lawyer would
accomplish great reform the influence of
which would extend even to the Bench.
The New York herald., 1879-09-25

SHERIFF REILLY may be rusty OH the charges
which his office is legally entitled to make bu
he shows fine sense of propriety in his card
disavowing any knowledge of or participation
In the political committee meeting held in his
office. He says that public Office is not u
proper place for holding political meetings.
Will oiice-holders in general please cut this out
and post in % conspicuous place!
The New York herald., 1879-09-25

Two REPLIES, both from physicians, are Of
Tered to-day to Mr.. Bergh's protest against vivi-
section, and the other side has probably some
additional facts on hand.
The New York herald., 1879-09-25

HousEHoLDERs Oh the lookout for bargains
at auction will read "Mrs Moore's Purchases
and be wise in time.
The New York herald., 1879-09-25

One MORE CHURCH is out of debt Let the
good work go on property ostensibly owned
in heaven should not be the most uniformly and
heavily mortgaged on earth
The New York herald., 1879-09-25
MUSICAL AND DRAMATIC NOTES.

Bonfanti. Miss Jennie Hughes and the French
Spy will be the attraction at the Olympic Theatre
next week. Bonfanti has not appeared in this city
in long time. full military company has also
been secured it is sad to add to tho attractiveness
of this spectacle.
At the Broadway Theatre. on Tuesday evening,
will be reproduced, for the first time in Ave years,
under the management OF Mr.. Augustin Daily 'Di-
vorce." The company comprises many bright fresh
faces and much interest attaches to the initial per-
formance. Newport" will be repeated at the matt.
nee.
''Slecpy Hollow" will be produced tonight at the
Academy Of Music under the management Of Mr.
Max Maretzek. The opera sparkles with musical
brilants, and is replete with melodies which at
hearsas have been charmingly rendered by the well
chosen artists who compose the cast. The scenery
is new and handsome and the dialogue effective in
developing the famous story. The sale of tickets
has been large.
Carlotta Patti and her company give their first
concert at Chickering Hall this evening. The follow
ing is the programme:-Part Ii. Duo, from fla
vestale.'' Mercadante; Mr.. Phelps and Signor
Ciampi 2. Sonata. "Appassionata.' minor Top.
57. Beethoven; Mr.. Henry Ketten. 3. Romanza.
"Regnella." Braga; Mr. L. A. Phelps. 4. Fantastic.
"Souvenir de Spa." Servais; Mr.. Ernest de Munck.
g. Swiss song Eckert: Nine. Carlotta Patti 6.
Scena ed aria, "Puritani." Belini; Signor Ciampi-
Cellaj Part Ill. Tarantella Rossini; Signor
Mendelssohn; (c) Nfarche des Ruines d'Athenes,
Beethoven; Mr. Henry Ketten 3. Bolero 'svespri,"
Verdi; Nine. Carlotta Patti 4. ta Noctnrne. Chopins
(b) Tarantella. Patti; Mt. Ernest de Munck. 8.
lier; MIR. l.. A. Phelps. 6. Duo, from "Don Pas
quale," Donizetti; Nine. Patti and Signor Ciampi
The New York herald., 1879-09-25
ADJUSTMENTS.
FIFTH AVENUE rHEArnE-..LA pEnrcHoLE.

0ffenbach has given to the world few strains Of
melody Of tho opera bouffc order moro lively or
more attractive to the popular than those with
which he has embelshed ia Perichole." And In
the Of its presentation to a largo and fash
ionable New York audience last evening. by
Mr.. Maurice araus French Opera Company,
The New York herald., 1879-09-25
QUADRU PIE SHEET.
NEW YORK. THURSDAY sEpTENBEE IS. 1879

The probabilities are that The scedther in Ne,o
York and its rieinity today aciH be cold and clear
Tomorrow The same conditions are likely TO pre-.
mil
The New York herald., 1879-09-25

JUDGED by the further decline in the price of
anthracite, that promised and dreaded coal COM
bination has not yet been effected.
The New York herald., 1879-09-25

The JURY in the Massachusetts, trunk horror
case has disagreed, and the revolving story will
have to be told over again.
The New York herald., 1879-09-25

THE JOINT EXECUTIVE COMMITTEE of the
trunk line railroads have fixed the rate of trans
portation for live hogs, good many smoking
car habitiGs may now travel ut reduced rates.
The New York herald., 1879-09-25

ANOTHER FAMILY of professional beggars has
been arrested. AS they have killed one of their
children by exposure, in the way of business,
the heavier the penalty imposed upon them the
more the public will rejoice.
The New York herald., 1879-09-25

and falls back forty, fifty, sixty miles.
Now it seems too late for any of his bursts
of speed to do him good. We are sorry for
Mr.. Weston.