The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-04

| MILITIA Firing.
| The terrible occurrences at Rochester
growing out of the outrage committed by
of horror at the results which are always
likely to follow outbreaks of mob violence
when the restraining power is vested in
military body unframed to patience and
the command of temper necessary in deal
ing with the trying exigencies which may
call for their armed ministration. The duty
Of the militia is protective, and the dis
play OF force by their presence is meant to
overawe the would-be disturbers of the peace
| rather by moral power than actual counter
violence. The resort to decisive measures
should in any case emanate from the proper
authorities and have reasonable justification
The subject altogether is one of 80 delicate
nature, involving such serious consequences
from Incorporate action, and into which 80
many irritating causes enter on either side,
that in face Of such an emergency the greatest
cool-headedness and frmness are necessary on
the part of the. commanding officers as well as
perfect discipline among the men.
On this subject there is one point which
forces itself into painful prominence, and
which, in Its consideration, cannot be over
looked-namely, the provocation which rightly
or wrongly calls forth the passion of the mob
We cannot illustrate this better than by the
history of the deplorable events of Tuesday
and yesterday at Rochester. There are some
nameless crimes whose commission awakens
tho OFo thu IF
the names crimes at whose depth Of unnatural
| wickedness humanity stands aghast, no matter
to what class or station the perpetrator may
belong. But the Aversion and horror which
sicken the hearts Of the most refined take form
among the vulgar and unenlightend in
maddened rage and thirst for a swift
and bloody revenge. While we admit
that this state of mind rapidly ferment-
ing into murderous action throws rather
sinister light over our civilization,
which Is ever supposed to be able to
protect itself against crime, we cannot help
recognizing that the wildness of the passion of
the populace has its roots in sentiment of
honest human nature. In the case before us
another, and, though abstractly false, yet
fearfully strong element entered into what we
have termed the overwhelmingly, that the
atrocious criminal had around him the curse
of race. He Is negro. To say that this
should have no weight in the case is futile ;
we are speaking of facts With all our level
ling and pulling down of legal inequalities to
place the colored man on level
with white men, the fact remains
which no supplement of civil rights
can annihilate-the idea that be belongs to an
inferior race. You cannot legislate away SEN
timent, or if you try It you will fail. A crime
| in one Of such scorned race appears more
criminal and revolving than in one of any
other, and it would be hard even for the most
rational white man to deny to himself that
such is the case.
On Saturday last the unnatural crime was
committed upon the little girl Cecilia Ochs,
outside Rochester, under the inhuman circum-
stances published On Monday, from the de-
scription given by the girl, the police arrested
Howard, the negro, in the town of Penfield
He was brought to Rochester and identified by
the girl, who was suffering from the injuries
of the arrest spread like wildfre, and an
attempt was made to lynch the miserable pris-
oner on his way to the Jail. The police only
succeeded in bringing him safely to the prison
by drawing their revolvers The excitement
increased the next day (Tuesday), and open
threats were made that summary vengeance
would be taken. The announcement that the
poor little sufferer had died Of her injuries,
although not founded on facts, lent an
evaporation to the public mind which the
evening papers, reciting the conclusive ness
Of the evidence against the prisoner, raised ia
fever heat. 1t may not be ont Of place here to
give credit to belief which is lately taking
hold Of the popular mind, and which
we state before attempting to ex-
plain-viz., that trials for capital crimes
are becoming farces in which lawyers seek tc
gain noisy prominence, and that the ends OF
justice are persistently defeated by mere quib.
bles The hasty verdict of the populace in
such case as the present with regard to the
guilt or innocence of an alleged criminal Is
merely their instructive hatred of the crime
concentrated on the accused, and, as such,
BIASED towards condomning him. The safe
guards placed by law around citizen on trial
they regard as stumbling blocks and needless
delays, and they look back to the days of "a
short shrift and long rope" with a fierce
scorn of 'modern improvements.
We have dwelt upon the growth and intensi'
fication of these exciting causes in this negro's
regard to show that the authorities al
Rochester must have known and fell
the danger which was arising there. We are
assured that they were conscious Of their duty
to protect the wretch in their keeping at al