Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1868-11-24
Mob Attempts to Administer Justice.
Able charge of Judge j. q. Mills TO the Isich-
land County Grand jury.

fishes in full the recent charge OF
Judge J. T. MILLS to the Grand Ju,
ry OF that county. 1t was mainly
devoted to charging the jury in rela
tion to the mob which, few weeks
since. took the execution Of Justice
into their own hands by summarily
hanging the boy NEvEr., who, as our
readers will rememb +, bad commit
ted o murder of peculiar atrocity.
We suboin the material part OF
Judge MILLS charge
The law which is to control your
action declares that no private, in :
divldual, or individuals, no matter
how great the provocation, are iusti-
fable 10 the intentional taking of
human life except in cases where an
Imminent felony is TO be averted, or
IN cases of self.defense, where The
danger is imminent, and there in no
other reasonable means OF avoiding
It but by taking the life OF an assaI-
ant. ii is not tor me 10 say Wheth..
er the facts | have mentioned are
true or not-these are for you to in
vestigate, but it the facts are as
mouthed by common fame, then the
actors and the instigators Of this
tragedy, within the meaning and
the language OF the law which you
and L are sworn to enforce, are guile
ty Of murder. It il true, the enor-
nifty OF the provocalion may miti-
gate the technical offence, but that
is matter which it is not your
province at present TO consider. 1t
does not become The majesty Of the
law TO handy arguments with those
who justify or palliate populace exc
cutions ana murders on the ground
that they can render life ana prop,
erty more secure by summary and
brutal punishments, in the heat and
haste OF passion than the legally
appointed tribunals. The inhuman
butchery Of an unprotected female,
her husband absent engaged in his
daily toll, is no doubt calculated to
carry fear and alarm to many a Sc
cludeI cabin and household, where
the industrious wife is compelled to
pass lonely hours with her young
family but this alarm will not be
iessened when she learns that the
strong arm Of the law is not suffici-
ent for her protection, and that she
must rely upon the spontaneous ac-
ton of an enraged mob Of lie and
safety. Nay, she will learn there
are men by scores within her county,
ready to violate the law and imbruo
their hands in blood, and bring the
tribunals OF justice into contempt,
" publishing the,r inelficiency 10
give adequate protection To those
who obey the law. La fact an infuri.
ated mob, in the execution OF a cul-
prit, however deserving his fate, is
not agtuatcd by the lofty purpose Of
rendering life and property safe
the qualification Of momentary re-
vengei is the ruling passion. and no.
body knows but that the same blind
passion may involve both the limo.
cent and the guilty within its de-
structive sweep. Terror siezes upon
the public mild, when men see that
The law is trampled under foot and
they fly to the strongest arm for pro
lection and security. The law how
ever poorly administered has i'm
mense advantages over these spas
modic efforts OF mob violence that
attempt to reach the ends Of justice
by violating It's sacred precepts, It's
humanity and fairness Of dealing
depr;ves the guilty party of q public
sy mpathy. 1t wins th5 confidence
and affection Of all good men, be-
cause its purpose is no. revenge and
malice, but protection and safety.
BY It's slow aud cretul processes, it
detects guilt and viudicates limos
cence.
grant there are many things in
our criminal procedure that need
amendment. Jurors should not be
challenged tecause they haze read the
newspapers. The law should be
amended with reference to changes
OF venue and continuances in Grim
inal cases. The punishment by
death should be resOrted, and left 10
ITO dissertation of the jury TO be ap.
piled in atroclous cases whore i'm
prisonment for lie with chances Of
pardon, would appear to be too
light a punishment. But till the
changes are made, trust the people
Of this State will look to the courts
and law as it is, for protection, and
not to the blind, unreasoning fury OF
mob, that arrogates to itself the
right Of deciding what crimes AID
criminals it is the ex lusive province
Of popular vengence to punish. The
boy Newell was entirely helpless
He could not call to his rescue a
body of confederates capable Of re-
ssting the officers of justice as could
the banded express robbers of In
diana. In such case the law itself
would justify the killing of a muir
derer to prevent his rescue or escape.
There are many persons in the com
munity that believe the boy was de-
mented or halt idiotic. The action
| of his self constituted eXecuuOners
will ever forestall successful inquiry
upon this point. Ifhe was mental
| imbecile his execution was bastard :
~ and brutal toward the victim as
il was defiant toward the law. The
actors in this terrible and Disgrace
full tragedy justify their conduct on
the ground that the arm OF the law
is too feeble to punish It's violators
And if you, gentlemen, as the Of
fcers of the law in this county
shrink from the duty Of bringing
these offenders TO justice, this OF
repeated calumny will receive add
tional confirmation.
esa,The principal Of a Missouri in
stitution,tor sheltering homeless chill
dren, and getting them adopted GU