The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-07-03
THE LYNCHING OF JOHN ]. MOORE.
Judge Prcssly's Charge Presentment of
the Grand jury of Spartanburg County.
From Mc SpnrtmnLurn Herald.

Judge Prcssly's Charge Ge-Presentmcnt OF
the Grand Jury of Spartanburg County.
From he SpatanJ'Ug Herald.
Court opened here on last Monday,
His Honor, Judge B. G. Pressly, presi-
ding. His Charge to the Grand Jury
was short but clear and comprehensive.
In alluding to the recent summary exc
cution of John ]. Moore. charged with
the rape and murder of Frances Heaten,
Judge PressIy stated that his attention
had been called to the matter by the
proclamation of the Governor and the
accounts given in the papers-that he
knew nothing of the guilt or innocence
of Moore-that no matter what his guilt
may have been it was wrong for the peo-
pie to take the law in their own hands
that n stop must be put to such proceedings
that it was his duty to call their at
tention to the matter and charge them
to ferret out and bring to punishment
the perpetrators of the offense-that hav-
ing charged them with the matter the
responsibility of taking action thereon
rested with them and It was solemn re-
sponsibility. As Judge he could not
have said less, and under the particular
circumstances of this case he could not
have said more. He discharged the del
icate duty faithfully and wisely under
all the circumstances.
The Grand Jury made their Present.
ment, an extract from which we publish,
as follows:
GRAND JURY PREsENTMENT.
In reference to the case of Miss Hea-
ten, to which your Honor called the par
ticular attention of the Grand Jury, we
should find it difficult to excuse ourselves
if we refused to state that we have been
informed and believe that the testimony
submitted to the Jury of Inquest which
was held over her body, established the
guilt of John J. Moore as the demon in
human form who outrageously murdered
this young woman while she was defend
ing her virtue. This is the greatest of
all possible crimes, and too shocking to
be recited in this report. The moral sem
timents of the community have been so
outraged that the criminal has been
seized and put to death by the indignant
citizens of the vicinity in which this
atrocious murder was committed. They
acted under the sudden impulse that the
great end of the law is the administra-
ton of simple and exact justice. The
question, then, arises, has injustice been
done this offender by such summary pun
ishment? 1t is an established principle
that the murderer deserves to die, and
hence, in putting him to death, those cit
izens have done nothing more than
simple act of justice. But it may be
said that they have taken the law into
their own hands; and for this they
should be punished. This is plausible,
but it springs, perhaps, from too con-
tracted view of expediency. That the
murderer deserves to be put to death, is
the claw of God written on the heart"
This is the supreme law; expediency
is merely subordinate rule, and should
always give place to the awful dictates of
justice. In putting this murderer to
death, therefore, those citizens acted in
obedience to the dictates of justice, and
merely anticipated the sentence of the
law of the land. We have witnessed such
manifestations in other parts of our coun-
try, and have shuddered with indescribable
horror at the exhibition Of its terrific
power. In one of the most enlightened
cities of our Union, have we seen learned
men, and intelligent men, burning with
the desire to crafty this feeling of
vindictive wrath. We have seen them
seize their victims, reeking with the
blood of his fellow man, and drag him
to the stake, and there burn him to ashes.
The Judge who decided upon the merits
of the burning above referred to, held
it to be case of "justifable homicide"
Public opinion, said he, is the source and
fountain of all human law; and the act
in question was q "clear expression of
public opinion" We do not admit,
however, that lynch-law under any cir
cumstances ought to be administered;
though we do not deny that there are
cases where the criminal escapes from
the too great leniency of juries in capital
felonies, and this is the oyerfowing
source from which all lynch-law springs.
Yet we should struggle to preserve, even
to the last resting place of hope, the
right of trial by jury, for all look to it
for safety and protection. This Grand
Jury is, indeed, panied to find that a
lawless feeling exists in any part of our
county, but it induces them to present
that our penitentiary system of punish
ment is not calculated to repress the
disorders of society; and we believe its
system of punishment has to certain
extent, failed in opposing sufficient re-
straints on the commission of crime.
Before this new mode Of punishment was
substituted for the old, could any one
point out State of an equal number of
inhabitants, where crime was so unfre-
quent? 1t was then, the proud boast OF
South Carolina that her jails were, for
the greater portion of the year, empty,
and that the atrocious crimes which
stained the criminal calendars of the
very States where penitentiaries had
been established. seldom occurred here.
But this condition of things has been re-
versed, and now, we find our jails filled
with penitentiary convicts. We believe
that crime has increased, wherever penl.
tcntiaries have been established. In all
the States where the system has been
adopted, old prisons have been enlarged,
or new prisons built. We have looked
in vain for any facts which show that
crime has anywhere diminished upon
the establishment of penitentiary discl-
pline. The Pennsylvania plan, lof soli-
tary confinement with labor,) which, in
theory, seems the best of any, has not
succeeded with all its extreme rigor, in
rcpressing crime. We have little faith
in the reformation Of criminals, and we
would not hazard the safety Of society for
an object that has seemed hitherto unat-
tainable. The criminal that will hasten
to the gallows needs no protection and it
is right to clear the way for him. Bet
ter he should reach his goal by natural
proclivity. and be removed from society
than expcnsively detained in a peniten-
tiarv.