davidaulloa/AmericanStories huggingface dataset:
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
The Rocky Mountain Winter,

The paralysis of General Merritt's strong
expedition by stress of wintry weather on
it's march into the Ute country from
the north is an event for which there
have been many precedents in that region.
Although it seems to cause some astonish-
ment among people here who are basking
in Indian summer sunshine, it is not
ut all surprising to anybody who has
campaigned among the Rocky Noun
tains at this season of the year. Twenty
two years ago General Albert Sidney
Johnston's military expedition against the
rebellious Mormons was brought 10 stand
still in the same manner at the close of Oc-
tober, and the strongest force the United
States had gathered since the Mexican war
was compelled to go into environments
scarcely hundred and fifty miles distant
from Salt Lake City and wait till June be-
fore resuming its advance. The wind sweeps
with terrible fury over those lofty table
lands. Every ravine fills rapidly with the
finely powdered snow. 1t is not uncommon
for creeks to be blocked with drifts reach
ing from bluff TO bluff for several miles.
There is scanty supply OF fuel. In the
open country sage bushes and greasewood
nre almost the only forms of vegetation 1t
is scarcely possible to imagine scenes more
lonely and dreary than those which now
surround General Merrtts camp. Mean
while where are his Indian enemies2 Even
If the season would permit him to move
against them, whittier shall he march? They
have scattered like the snowfakes which
have covered their tracks.
During the long winter of 1878, while
General Johnston was chatting against his
necessary inactivity in his encampment on
Blacks Fork, the President was negotiating
with Brigham Young through civilian
emssaries by way of California, and early
in the following spring, before Johnston
could break camp, peace commissioners
were appointed by Mr.. Buchanan without
consulting him. The present relations of
the War and Interior departments con-
corning the Utes are reminder Of
those events. While General Merritt stands
with uplifted sword, threatening just ven-
geance, but unfortunately unable to find
the foe on whom to wreak it, Secretary
Schurz sends an agent to Ouray, the prin-
cipal chief of the Ute bands which have
nominally kept the peace, with instructions
to conduct some negotiations touching
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
NEW YORK HERALD TUESDAY

the recent outbreak on terms that at last
are officially disclosed in this morn
ings dispatches from Washington. 1t Is
absurd, of course. for two branches of the
government to deal thus Independently
concerning a public enemy. But IN
view of .Merritt's military paralysis
1t Is not SO great misfortune rs con-
hicts OF authority between the War and
Interior departments in Indian affairs
sometimes have been. Especially is it not
so II Mr.. Schurz's diplomatist, who prob
ably has already reached Ouray, succeeds
in convincing him and the other neutral
chiefs of the Ute nation that they will be
held collectively responsible for the good
conduct of all the Ute bands. and stirs
them up to an honest execution of the
duty of Immediately securing and sur
rendering the assailants of Major Thorn
burgh's troops and the murderers of the
inmates of the White River Agency We
should have small hopes of his success.
however, were it not that his arguments
will be reinforced by the prospect of the
speedy advance of military column from
the south into the heart OF Ourays country
according to q plan of General Sherman,
which this mornings dispatches also ex-
plain.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
The Jury In the Blair Case.

Three days confinement Of the Newark
jury without reaching verdict renders
the chance very slight indeed that they
make new trial necessary, causing
heavy additional expense to the county
and bringing pecuniary ruin. upon
the defendant. In new trial pre-
cisely the same evidence and substan-
TALLY the same legal arguments would be
presented to another jury. which might be
puzzled with the same difficulties that are
preventing verdict in the first trial.
Is there not something absurd in the
law which makes absolute upanimity
necessary to q verdict? In the eight
or ten countries where trial by jury
obtains the United States and England are,
we believe, the only ones which require
that q verdict be in all cases unanimous.
In most other countries majority, more or
less large, suffices In Scotland nine of
the twelve jurymen can render verdict,
and in France bare majority.
The argument in favor of unanimity has
great force within certain limits Each in
telligent juryman probably makes up his
mind in the course of the trial. If, when
the jury retires to consider their verdict,
the first vote decided the question of guilt
or innocence, there would be no motive for
that careful sitting of the evidence and COM
parison Of views which conduce to q
fuller understanding of the case. But
there is no necessity that jury should be
out for any such period rs three days in
order to go over the whole ground and get
the full advantage of one another's reason
ing on the facts. A French law passed in
the period Of the Directory required unanim-
ity il the verdict were rendered within
twenty-iour hours, but after the expiration
of that time majority sufliced. BY the
existing Scotch law o verdict must be
unanimous if rendered within iour hours,
and afterward nine of the twelve can de-
eide the case. The purpose of such laws
is to inspire careful going over the evil
dence at the outset, but not to prolong q
contest after obstinacy takes the place OF
reason. Except in trials for treason, whore
unanmity may be necessary to protect the
accused against the influence OF political
passions, the Scotch system seems prefer
able to our own.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
PERSONAL INTELLIGENCE.

Senator J. d. Cameron. of Pennsylvania. is at the
Brevoort House.
Secretary Evarts arrived at the Brevoort House
last evening from Washington.
Count Ltta Secretary of the Italian Legation ct
Washington. is at the Clarendon Hotel.
Ex-senator Spencer. OF Alabama. has gone to
Nevada, where he is engaged in mining.
Count Andrassy has bid farewell to the Arch.
duchess Maria Christina the future Queen Of Spain.
The democratic organs all over the country ara
administering upon the political estate Of Mr. Thur
man.
Ex-Comptroller Brodhead. Of Washington. is
dangerously ill with malarial fever in New Hamp-
shire.
Senator Theodore f. Randolph. of New Jersey, and
ex-senator Rer.ben L. Fenton, OF jamestown. N. T."
arc at tho Fifth Avenue Hotel.
The Chicago Times thinks that when tho next
Cabinet meeting is held it will DO necessary to In
troducc the members to another.
The President will arrive in Washington this
morning and Cabinet meeting will thon he hold
All the members except Secretaries Evarts and Nc.
Crazy will be present.
II is the opinion Of tho Atlanta Constitutions that
tho time will como when the colored people of the
South will regard slavery as . benefaction and .
boon rather than US curse.
When NJ Groyy was asked what he thought Of UN
legitimist banqucts no replied. smiling my motto
with regard to hostile factions is, Let them say
every thing. but do nothing"
Baron Hirsh, of Paris. described as IN unhappy
wretch who has to make both ends meet on pit
tance of 900. has just tho first prize Of
100000 in the Vienna communal lottery.
Senator David Davis has written to the Sergeant
atA Arms OF the Senate ut Washington requesting
that new and larger chair than tho one no now
occupies In tho chamber DO made for him.
Mr.. Brassey lives at Normanhurst Court noar the
field Of the battle of Hastings, and charges visitors
to his place shilling head for the benefit Of the
local nhrmary Mr.. Brassey is practical economist.
Captain Joseph NJ. Stewart, Postmaster OF tho
House of Representatives, was stricken with paral-
ysis at tho Tontine House, Alexandria. Va. yes
day. and is now lying in worry precarious condi-
ton.
Governor Andrews. of Connecticut. accompanied
by General W. IL. Buckley and Colonel 8. 7. Stanton
OF his stan, In the city yesterday tMonday on
his return from the meeting of the Governors of the
thirteen original states, at Philadelphia.
A family ut Carlsruhe having boon poisoned BY
American corned beef, the German government has
interlic.cd the importation of all preserved meats
from the United States The meat by which the
cident was caused of excellent quality, but wac
rendered poisonous by the lead used To solder IN
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

The operate season in New York, which
opened last evening at the Academy of
Music, will naturally be contrasted with
its predecessors by all those who are in
terested in such matters, and though but
two prominent members of the new troupe
have thus far been heard the seasons, past
and present, are already matters of discus
sion in musical circles and the probable
artistic and financial success Of the winter
fifty thousand dollars was the net gain to
the manager of ''Her Majesty's Opera"
in the season of 1883, and, if report
is true, such excellent returns should
have suggested that, with as good COM
pany and judicious management, the
season Of 1S79-SO might be equally profit
able The result is not assured, however,
rs yet, since many of the favorites of last
year are absent and those who have come
in their places are new to the public. The
present company at the Academy is not SO
strong in regulations as was the troupe Of
last year, md as it's members are mostly
strangers they must win their way to suc-
cess by their excellence alone, as shown
in the roles for which they are cast
here This fact alone makes tho
financial result problematical, and it
seems strange that in the face of this diff
fculty the management should further
jeopardize success by increasing the prices
of seats Perhaps it is an operate pecu-
liarity with which ordinary men of busi-
ness are unfamiliar, but which is warranted
by precedent, though unknown to the or
binary laws of the business world. 1t
may be method founded on some
rule of harmony since this is a
musical venture-which calls for COM
pensatiou, the proper balancing of all
parts. this theory we can under-
stand it; Ne troupe being below the STAN
dards of la,s season the prices are proper
tionately iised, and thus balance re-
stored. Blu. it remains to be seen whether
the theory is practical. Let us hope that
the artists may prove SO excellent that they
may be able to adjust nicely any difference
which may arise between theory and prac-
tice, and that unsteady and financially the
season may go on to pleasant conclusion.
Nous ve,rons, but last nights performance
gives us the impression that Brevet Colonel
Mapleson needs to hurry up his musical
reserves and bring them into action as soon
as possible.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

The WEATHER.-Thc disturbance has now
passed entirely off the Nova Scotia coast into
the ocean, and the weather is line in all sections
OF the country. The pressure decreased rapidly
IN the Northwest, and last evening well
marked centre of depression moved into the
upper lake districts. Very little change has
taken place in the baromerical conditions over
the Gulf of Mexico, the pressure continuing
below the mean. No rain is reported from any
of the districts east of the Rocky Mountains
The winds have been from fresh to brisk in
the Northwest. lake regions and on the
New England and Nova Scotia coasts. Else
where they generally light. The tempera-
turc has risen in the Northwest, remained sta
tionary in the central valleys and lake regions
and fell in the other districts. The weather
over the British Islands is unsettled. Northerly
gales are reported in some sections and showers
arc frequent This is probably due to the
northeastward movement of the disturbance
that did SO much damage in Spain. The
weather in New York and its vicinity to-day
will be warmer and clear. Tomorrow it prom
iscs to w warm and fair.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

lie should at once change places with
Captain Williams-Williams would make
good president of the Society for the Pre-.
vention OF Cruelty to Animals, for he is
'ehder-hearted and sympathetic by com.
parison with Bergh, and Bergh would makes
great captain forthe Twenty-ninth precinct.
his change would solve at once two great
problems
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

Mosr PITIFUL STORY comes from Summit
vile, n. Y. A man whose sister had been i'll
suited endeavored to avcnge the wrong upon
the offender The father of the latter came to
the assistance of his son aud killed the assail-
ant. Both slayer and slain were impelled by
sentiments common to all men, and honorable
IN themselves yet one lies in his coffin and the
other in prison-the first mourncd by young
wife and family, and the other bemoaning affcc-
tons most cruelty wounded
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
ADJUSTMENTS TONIGHT.

WOODS BROADWAY THEArRE-H NJ S. PISAFoRA
STANDARD TnEATRE-u. NJ $. PIsAFoRE.
ABBEY's PARK THEATRE-DAvrD GARRIcK.
DALY'S THEATRE-WWEs
ABERLE'S THEATRE-KEES EYE
ITALIA THEATRE-Dm FLEpERMANs.
BOOTHS Observation-Disclosures
FIFTH AVENUE THEATRE-LE PETIT FAUST
NIBLO's OBSERVATION-DISCLOSURES.
HAvERLY's THEATRE-HoBRIEs.
AMERICAN NEUTRALITY-SUSPICIOUS..
AQUARIUM-MERR DEMONSTRATIONS
OLYMPIC TuEATRE-uScLE TONS CABIN.
WALLACK'S-CoNrRMPT OF COURT
GRAND OPERA HoUSE-RIP VAN wISKLE.
GERMANIA THEATRE-HARUN AL RAscmp.
UNION SQUARE THEATRE-FREScu FLATS
ROSTER 4 Balls CONCERT HALL
LENTs NEW YORK CIRCUS
THEATRE COMIQUE-MuLLIGAN GUARD CHowDER.
AN FRANCISCO MINsTRELs-No PISAFoRE.
IERICAN DIME Observation-Disclosures
ICKERING HALL--JosEFFY CONCERT
OLSON SQUARE GARDEN-FoRrY MILE Rum
.ERLY'S BROOKLYN THEATRE--MGHry DOLLAR
)OKLYN PARK THEATRE-rwELFru NIGHT.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

disease In the medical world this achieve
ment must be regarded as an important one.
To people at large it may not seem great
affair to have ascertained precisely what
part of the elements of poisonous soil 1T
is to which its poisonous nature is due; but
it must not be too hastily judged that this
knowledge will not involve an important
advance in the capacity to deal with this
noxious product Of the earth.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

The OPERAT1C AND THEATRICAL WORLD is
quite active just now. What with Italian grand
opera and "Pinafore,r reconstructed French
comedies, and American dramas like "Uncle
Toms Cabin" variety shows and u circus, the
public has abundance to choose FROM 1t is
gratifying TO know that the managers are
guire OF successful season, for healthful
amusement is a necessity to a busy people like
ours.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

From what is published as the opinion
of the great philanthropist, Mr.. Bergh, on
the subjects OF the way to deal with the
people and the conduct OF the police, we
perceive that he has mistaken his functions
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

II THE New SYSTEM for carrying passengers
to Harlem via the Sixth avenue route is carried
out people will wonder why the road was ever
built 1t is actually proposed to have more
changes Of cars the route between Rector
street and Harlem than is necessary between
New York and Omaha. Yet this is progress
siye oge
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
Mr.. Kelly's Disclaimer of RESPONSE
bility.

bility.
The HERALD congratulates Mr.. John
Kelly that he makes haste to proclaim his
unqualified condemnation OF the black
mailing threats of assailing private charac-
ter that were published Sunday in one OF
these two newspapers in this city
in which he is a stakeholder, which
are supporting his candidacy for
Governor and which arc universally re-
puted to be organs of Tammany Hall. Any
unnecessary delay in making this dis
claimer of the conduct of such
an organ of course would have in
jured Mr.. Kelly's claims to public
favor in his political canvass. 1t is
the misfortune of certain class of poll
ticians, of whom General Butler is rep
resentative specimen, to forfeit the respect
their talents and abilities otherwise would
command, by instigating threats and
assaults of this kind and tolerating
them in their partisans. With the
mistakes of that class of politicians it
is satisfactory to know that Mr.. Kelly
desires not to be identified, and we trust,
therefore. for his own sake, that he will
not only restrain himself during the re-
mainder of his canvass, butput q curb also on
unscrupulous followers. Even if Mr.. Kelly
does not own a controlling interest in
either Of the two scurrilous organs to which
we refer, nevertheless both as stakeholder
and as their candidate for Governor he
has relations to them which, perhaps, will
enable him to exercise some influence upon
their demeanor if he pleases If Mr.
Kelly will not control the organs
of Tammany Hall or have anything
whatever to do with their management
it is matter of considerable concern,
which the public will need to investigate,
who are their controllers and managers.
Is it possible that there are daily news
papers in the city of New York capable OF
any kind Of libel and false report with
nobody responsible behind them?
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

THE ERIE RAILROAD made its defence yester-
day before the Legislative Committee, and really
made creditable showing. But why do not our
railway niagnates endeavor to manage their
roads in business-like way! Then we may
expect to regular dividends and contented
shareholders.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

ONE H5SDRED YEARS AGO Lord CORVALLIS
surrendered to General Washington at York
town, and on Thursday next the event is to be
celebrated in fitting manner Our centennial
record is nearly closed.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

THE CASES OF the bumpers of garbage in the
harbor, who were detected by HERALD reporters,
will soon come to trial. Let us hope the Pilot
Commissioners will act with determination and
courage i'll the premises.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

How WILL CAPTAIN WILLIAMS attempt to
get around the affidavit made by lawyer yes
terday that the Captain first dubbed the man
that Fleming knocked down!
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

THE New TRIAL for Cove Bennett and Mrs.
Smith is ulOn the Court calendar for this morn
ing, and adds to the already unusual number
of murder cases before the courts.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

GOOD LUCK attends the Coaching Club. Their
return from Carnwath yesterday was in weather
even more perfect than that of their up trip.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

THE SUPREME Court aiiirms the legality Of
the Thurman act, requiring the Pacific roads
to prepare to meet their pecuniary obligations
to the government, but respectable minority
OF the Court dissent. The various opinions are
given i'll court column.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

WALL STREET observation-disclosures were
active than for some days past, consider
ably higher prices were made and the market
closed ut the top figures Of the day. Money was
steady throughout at to z per cent for call
loans stocks Exchange was dull and steady.
Bonds of all classes were active and generally
HIGHER
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21
u ADRU PIE SHEET
NEW YORK. TUESDAY, OCTOBER q. 1879.

The probabilities are that the ,reathe1' in Neac
''ork and its ricinity to-day ,cH Je ,casmer and
ar. Tomorrow il promises to be aca,Ds and
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-21

ing if Governor Robinson should be kept
in the canvass to the end. But what
motive can his supporters have for persist
ing after his defeat has become a foregone
certainty? II will be no benefit to him to
make his final retirement from public life a
crushing humiliation, much less will it
benefit the democratic party. Certain it is
that he would not have been nominated if
Mr.. Kelly's power of mischief had not been
moderated. 1t was scornfuly said
at Syracuse that he could detach not
moro than ten thousand votes in the
city and none in the rest Of the State. 1t
was owing to this low estimate of his
power that he was SO CONTEMPORARY de-
fed, and, indeed, many supposed that his
threat to bolt was mere bravado. In this
respect the supporters of Robinson are at
length undeceived, and they may, at the
eleventh hour, think better of it and act on
the facts as they really exist-act as they
would have acted at Syracuse could they
have seen six weeks ahead.
Robinson Was nominated because it was
thought he could be elected. When it
comes to be acknowledged that his election
is impossible there will be great weaken
ing of the motives which forced his nom-
nation. He will then sacrifice nothing but
q little pride if he is persuaded to withdraw,
and on the point ofpride it will be question
whether it is less modification to retire
voluntarily for the good of the party or to
continue in the canvass and be badly
beaten. If the divided democrats should
unite on Potter on the eve Of the election
the friends of Mr.. Cornell will have reason
to deplore the mistaken and suicidal sup
port they have been giving to Mr. Kelly.