Chicago eagle. [volume] (Chicago, Ill.) 1889-19??, 1897-06-19

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a n.
cIslon appears to be very good law. A
Kentucky travelling man took out an
accident Insurance policy for 5000
and departed on journey. In Rome,
Ca, before he arose one morning his
right foot became uncovered and
lowering near. waiting fc.. an
early breakfast, settled on the foot 'at
the base of the fourth toe" and gorged
Blood poisoning, as the doc.
tors testified, was the result of the bite,
and the man died. When sued on the
policy the company contended that a
bite was not an accident, and
they ought not to be com.
PEELED to pay. The lower court agreed
with the company, but on appeal the
higher court reversed the case and
gave Judgment for the widow who had
brought the suit. The case Is interest.
ing as probably being unprecedented
In Its facts, but there Is no ground for
questioning the soundness of the de.
cision. Death by accident meals
death from any unexpected event
which happens by chance. Doubtless
there was no thought of mosquitoes or
mosquito bites in the minds of the con.
trnctlng parties when the policy was
issued. but that fatal bite was just as
much of an accident rs II the man had
been bitten by a mad dog or tossed by
a bull or run over by horse. The size
Of the insect causing the disaster has
nothing to do with the question, nor
that such bites are scarcely ever fatal.
Neither IRE other accidents that hap.
pen to men always fatal, but in this
case It was, and that Is sufficient. II
accident Insurance companies do not
wish to be held for the result of mos.
quito bites they must make the cxcep.
ton In the policy. Otherwise they will
have to pay the damages resulting from
such bites to people whom they In.
sure.
The Durrnnt murder case in Califor.
MIA may be studied for some Of the
features of our criminal law which not
infrequently contribute to miscar.
rlage of Justice, and are strong incen.
tlves In some communities to lynchlng.
That the man Is guilty Of the crime
charged; that he murdered that unfOr.
tunnte girl and hid the body In that
church loft, has been clearly establish.
cd before Jury. and their finding In.
dOrsed by a court of competent juris-
diction. The Governor Of the State had
the case before him OH an appeal for
pardon. lie Is n lawyer, and he exam.
ined 1t carefully. But he declined TO
interfere with the execution of just
sentence. Several years had gone by,
and ut last. when every local device
had been exhausted by Durrant's attOr.
neys to defeat the carrying out of the
sentence. they decided upon this las,
resort, and so took the case to the Su.
prene Court. This works a respite
and Durrant will get ut least siX
months more time. Unfortunately, the
records of our procedure In criminal
cases are full of this sort of thing. And
It extends to cases Of the highest rela
tlOn.' The case OF Guiteau Is directly
In point. There was never for u mo-
mcnt the slightest doubt about thu,
wretch's guilt. lie was taken red
handed. And, In addition. In his poor
way. he confessed his crime and eX
planned all that had led up to II. Hi
victim was the President of the United
States, and every consideration, bOtl
of example and justice. called for q
swift punishment of the horrible deed
But the procedure was slow. Month,
elapsed before nm Indictment wa,
found ana u somewhat theatrical trin
begun, and II was almost a year befOr,
the wretch. whose guilt had stood al
well established the day after Genera
Gnrtield's death as It then stood. wal
brought on the scaffOld for execution
II Il urged, OF course. that where If
IL mt stake an accused man should hav,
every chnnce to present his case. NJ
issue Is fairly to be taken with tina
contention. But where n full ant
fair trial has been had. ana competen
lawyers have represented the accused
and brought out every point In his IN
vOr. and verdict Of guilty II then pro
nOunccd. the sentence OF the cOur
should be promptly executed. Thes,
speclOus pleas ana delays. founded FIRE
quently upon points which the Suprcm,
Court has already decided. serve Onl.
ends that mock the proper admlnlstrl
ton OF justice. ana account to some OK
tent for the disposition. too frequent!
INDUCED In, 10 try cases In the court o
Judge Lynch. "They do these thing
better In France" And very much bet
ter In England. In the treatment o
criminals. indeed. England shows nue.
we could copy with profit.
The Marquis Ito, probably Japan
most distinguished statesman, Ii visit
Ing this country informally, and on
cannot help noticing the marked con
trast between his reception and tina
accorded to that magnificent barbarian
Ii Hung Chang. Ito Is an able. intellI
gent and progressive statesman and
soldier Of marked ability, but he 1
only one Of nation which has pro
duced several such, ana Is like to pro
duce more. Earl Ii Is great only b,
contrast with the lncapaclty Of his fel
low Chinese. lie Is not particular
able In comparison with the Statesmen
| OF Caucasian nations, and he does no
begin to compare with some Japanes
far below Ito. Eut as a Chlnaman II
towers above all his fellows. The In
portant but not very creditable part h
played In the recent war again brougll
| him IN the worlds notice SO that whe