attention for many weeks, being bitterly contested by both prosecution and defense. When at last it was given to the jury by the judge in the most celebrated charge that had ever been delivered from the bench, a ballot was taken at once. The jury stood eleven for acquittal to one for conviction. And so it stood at every ballot of the more than fifty that were taken during the fortnight that the jury was locked up for deliberation. Moreover, the dissenting juror would not argue the matter; he would listen with patient attention while his eleven indignant opponents thundered their opinions into his ears, even when they supported them with threats of personal violence; but not a word would he say. At last a disagreement was formally entered, the jury discharged and the obstinate juror chased from the city by the maddened populace. Despairing of success in another trial and privately admitting his belief in the prisoner’s innocence, the public prosecutor moved for his release, which the judge ordered with remarks plainly implying his own belief that the wrong man had been tried.
Years afterward the accused person died confessing his guilt, and a little later one of the jurors who had been sworn to try the case admitted that he had attended the trial on the first day only, having been personated during the rest of the proceedings by a twin brother, the obstinate member, who was a deaf-mute.
The monument to this eminent public servant was overthrown and destroyed by an earthquake in the year 2342.
One of the causes of that popular discontent which brought about the stupendous events resulting in the disruption of the great republic, historians and arch?ologists are agreed in reckoning “insurance.” Of the exact nature of that factor in the problem of the national life of that distant day we are imperfectly informed; many of its details have perished from the record, yet its outlines loom large through the mist of ages and can be traced with greater precision than is possible in many more important matters.
In the monumental work of Professor Golunk-Dorsto (“Some Account of the Insurance Delusion in Ancient America”) we have its most considerable modern exposition; and Gakler’s well-known volume, “The Follies of Antiquity,” contains much interesting matter relating to it. From these and other sources the student of human unreason can reconstruct that astounding fallacy of insurance as, from three joints of its tail, the great naturalist Bogramus restored the ancient elephant, from hoof to horn.
The game of insurance, as practiced by the ancient Americans (and, as Gakler conjectures, by some of the tribesmen of Europe), was gambling, pure and simple, despite the sentimental character that its proponents sought to impress upon some forms of it for the greater prosperity of their dealings with its dupes. Essentially, it was a bet between the insurer and the insured. The number of ways in which the wager was made—all devised by the insurer—was almost infinite, but in none of them was there a departure from the intrinsic nature of the transaction as seen in its simplest, frankest form, which we shall here expound.
To those unlearned in the economical institutions of antiquity it is necessary to explain that in ancient America, long prior to the disastrous Japanese war, individual ownership of property was unrestricted; every person was permitted to get as much as he was able, and to hold it as his own without regard to his needs, or whether he made any good use of it or not. By some plan of distribution not now understood even the habitable surface of the earth, with the minerals beneath, was parceled out among the favored few, and there was really no place except at sea where children of the others could lawfully be born. Upon a part of the dry land that he had been able to acquire, or had leased from another for the purpose, a man would build a house worth, say, ten thousand
But how, it may be asked, could the company’s actuary know that the man’s house would last until he had paid in more than its insured value in premiums—more, that is to say, than the company would have to pay back? He could not, but from his statistics he could know how many houses in ten thousand of that kind burned in their first year, how many in their second, their third, and so on. That was all that he needed to know, the house-owners knowing nothing about it. He fixed his rates according to the facts, and the occasional loss of a bet in an individual instance did not affect the certainty of a general winning. Like other professional gamblers, the company expected to lose sometimes, yet knew that in the long run it
In the year 1906 San Francisco was totally destroyed by fire. The conflagration was caused by the friction of a pig scratching itself against an angle of a wooden building. More than one hundred thousand persons perished, and the loss of property is estimated by Kobo-Dogarque at one and a half million
In the ensuing litigation their attorneys cited two notable precedents. A few years before the San Francisco disaster, another American city had experienced a similar one through the upsetting of a lamp by the kick of a cow. In that case, also, the insurance companies had successfully denied their liability on the ground that the cow, manifestly incited by some supernatural power, had unlawfully influenced the result of a wager to which she was not a party. The companies defendant had contended that the recourse of the property-owners was against, not them, but the owner of the cow. In his decision sustaining that view and dismissing the case, a learned judge (afterward president of one of the defendant companies) had in the legal phraseology of the period pronounced the action of the cow an obvious and flagrant instance of unwarrantable intervention. Kobo-Dogarque believes that this decision was afterward reversed by an appellate court of contrary political complexion and the companies were compelled to compromise, but of this there is no record. It is certain that in the San Francisco case the precedent was urged.
Another precedent which the companies cited with particular emphasis related to an unfortunate occurrence at a famous millionaires’ club in London, the capital of the renowned king, John Bui. A gentleman passing in the street fell in a fit and was carried into the club in convulsions. Two members promptly made a bet upon his life. A physician who chanced to be present set to work upon the patient, when one of the members who had laid the wager came forward and restrained him, saying: “Sir, I beg that you will attend to your own business. I have my money on that fit.”
Doubtless these two notable precedents did not constitute the entire case of the defendants in the San