The morning call., 1892-03-06

italian opera appears to be coming down
to reasonable basis in New York. Sir
Augustus Harris. the enterprising lessee of
Drury Lane and Coyeut Garden theaters in
London, has offered to bring across the
Atlantic all his organization for a season Of
four months in New York, provided he is
guaranteed $4,000 for each performance.
This appears a large sum. especially as the
Metropolitan Opera House would be given
free OF charge, but the expenses of nigh
class company OF leading operate singers
and instrumentalists is prodigiously heavy,
aud the minimum sum named would leave
very slender margin. 1t is better to make
an engagement of this kind than to pay
5000 TO one singer alone and leave the rest
OF the company weak. Whatever the cost
is, New York is bent upon having season
OF opera this year.
The action OF an Eastern Judge, who was
trying an insanity case in suddenly jump
ing to his feet and saying, This case is
closed" telling the clerk at the same time
TO dismiss the jury. was. to say the least Of
it. theatrical, and perhaps illegal. He could
unquestionably have adjourned the case,
but to arbitrarily suppress it after eight
days proceeding and leave the parties pre-
cisely as if they had never come before the
court at ali. is straining the powers of the
bench far beyond bounds The Judge
thought better of ii afterward and gave
counsel, who were aghast at the step, the
benefit of another day. On behalf of the
Court it must be admitted that there was
great proyocati0n. A promise had been
given that the case would be finished in five
days. ana its prolong alton into three addi-
tlonal days was good warrant for the
judicial temper in boiling over into
wrath. Counsel are frequently great
sinners in the matter oil wasting
time. There is a tendency TO prOlxity
and irreleyance, In jury speeches espec ally,
and Judges rarely interfere to prick the
bladder of Yerbosty and meaningless iDyec-
tive. In this case the Judge took compass
sion uDon himself and also gave a thought
TO the long sufferlng jury. Too often the
jury Is entirely left out of account. The
honest twelve may be business men with
large interests at stake, and time IS precious
to them, but IN the box they must sit dumb
sufferers while the labyrinth of case is
slowly dallled over by the lawyers. 1t will
not do TO abolish the jury system. for the
lie and liberty of individuals might be I'M
periled without this shield, and the weight
lest interests of all communities might also
be az stake: but hard, nevertheless, is the
lot Of jurors, ana little wonder that large
proportion who are drafted for service are
glad to avail themselves Of any lOophUle
which sets them free.
Great latitude should be allowed to coun-
sci IN conducting the case of their clients
Ii generally is allowed most generously
What does the reader think of this magnilo-
quent flight Of oratory addressed in a local
case not to twelve iurymen more or less
obtuse about the law. but TO three judges
who presumably have minds sufficiently
braced for their duties to distinguish be-
tween sound argument and wild rhetorical
flourish: viii you as Judges, of whom
the Omnipotent, the Judge of all Judges
shall one day demand an account, declare
that the testimony of these men is 10 be be-
loved? Forbid it, Goa! forbid it, your
manhood, your citizenship, your desire to
live within the protection of a reign of law
As men who claim a conscience, as not
strangers TO honor. you dare not take
this mans life at the hangman's hands"
And much more in the same tone was con-
sldered appropriate admontion for the
bench. Claim a ronscience!" " Not
stranger to honorw Very pretty language,
guilelesS and chaste. But what il the
Judges do dare TO decide against the pris-
oner. as it is their duty to do il they believe
him guilty? Are they 10 be branded by this
extravaganza OF personal appeal? VIII coun-
sci, in his conscience believing that he also
has to go before the Omnipotent. hold that
the judges have decided wrongly IL their
verdict is against him? Probably counsel
on the other side will be equally strenuous
III asseveration and appeal, and the judges
IN their own way Will slit the ehaff from
the wheat when they come TO give judg-
meut