The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-07-10
LYNCH Law ~ SOUTH CAROLINA,
Extraordinary Pre.entment by " tran'

Carolina, in relation to the recent lyncl
ing Of John ]. Moore:
The State Of South Carolina, County Of spartaubul
COurt Of GORGnl S0JAl0nS, June term, fsfg.
TO -Me Hon. b, c. PrcSly, Judge Gf n
ScrsRM Judicial Circuit:
The Grand Jury for the present tern
have considered all the cases brought t
their attention by the Solicitor OF this Cir
cult. They, In view Of the responsibility,
Of saying upon the evidence placed be
fore them, az your Honor charged, no
only have the privilege, but it Is their i'm
perative duty, to present whatever nigh
be properly and iudicially brought to thei
attention, respectfully report that thel
have duly considered all matters and EVIL
denCe in reference to every party who ha
been indicted and made liable TO DO pu
upon trial before this Court. In reference
to the case OF Miss Heaten, to which you
Honor Calledi the particular attention
Of the Grand Jury, we should find 4
difficult TO excuse. ourselves II w
refuse 10 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 o
John j. Moore as the. demon in human
form who outrageously murdered thi,
young woman while she was defending
her virtue. This is the greatest OF all pos
sible crimes, and too shocking TO be re
cited in this report. The moral sentiment
VI this community has been SO outraged
that the criminal has been seized and put
70 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 thu
law is the administration Of simple aud
exact Justice. The question, then, arises
has any injustice been done this offender
by such summary punishment? It Is an
established prinCiplethatthe murderer de
serves to die, and hence, in putting him
to death, those citizens have done moth,
ing more than simple act Of justice.
But It may be said that they have taken
the law into their own hands; and fol
this they should DO punished. This il
plausible; but It springs, perhaps, from a
contracted view Of expectancy. That the
murderer deserves to be put to death il
"the law OF God written on the heart. "
This is the supreme law; expedienCy is
merely subordinate rule, and should al.
ways give place to the awful dictates oil
Justice. Inputting this murderer to death,
therefore, those Cltizens acted in obedience
to the dictates Of justice, and merely an.
Iicipaled the sentence Of the law OF the
land. We have witnessed such NANTES.
tationsin other parts Of our country, and
Shuddered with indescribable horror at
The exhibition OF its terrific power. In
me Of the most enlightened cities OF our
Union have we seen learned men and in.
eIligent men, burning with the desire to
crafty this feeling Of vindictive wrath
We have seen them seize their victim
reeking with the blood OF his fellow.man,
and drag him 10 the stake and there burn
MIN to ashes. The Judge who decided
upon the merits Of the burning above re.
ferred to held it to be case OF justitiable
homicide" Public opinion, said he, is the
source and fountain Of all human law
and the act in question was "clear ex'
preston OF public opinion" We do not
admit, however, that lynch law under any
circumstances 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 fel
onies, and this is the overlooking source
from which all lynch law springs. Yet we
should struggle to preserve, even TO the
resting-plaCe OIL, hope, the right OF trial by
Jury, for all look to itfor safety and pro
lection. This Grand Jury is, indeed, pain
ed to find that a lawless feeling exists in
any part Of our county. Penitentiary sys
Item OF punishment is not calculated 10 re
press the disorders OF society; and we be-
lieve its system OF punishment has to {
certain extent, failed in opposing sufficient
restraints on the commission OF crime
Before this w,mode OF punishment wal
substituted for the old, could any one
point to- State OF an equal number o
inhabitants where crime was so unire
quent? 1t was then the proud boast
OF South Carolina that her iails were, fol
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 es
tAblished seldom occurred here. But thi
condition OF things has been reversed
and now we find our jails filled with pen
itentiary convicts. We believe that CrimI
has increased wherever enitentiaries hav,
been established. In all the States wheru
the system has been adopted old prison
have been enlarged, or new prisons built
| We have looked in vain for facts which
show that C ime has anywhere diminished
upon the establishment OF penltentiRr.
discipline. The Pennsylvania plan 10
solitary confinement, with labor which
in theory, seems the best Of any, has no
succeeded, with oil its extreme rigor, |!
suppressing crime, We have little faitl
4 in the reformation OF criminals, and v
would not hazard the safety Of society 10
an object that has seemed hitherto unat
tainaSIe, The criminal that will haste
to the gallows needs no protection, and
Is right 10 clear the way for him. Bette
he should reach his goal by natural pre-
clivity, and be removed from soclet!
than extensively detained in peniter
tiary.
In conclusion, We begleaye to state tina
it has been whispered into the ears q
several members OF this Grand Jury tbs
there are persons living together In GU
county in open violation OF the law, in al
swer to which we call upon all those VIII
possess such knowledge to make thence
sary affidavits OF tho facts before Tit
Justice, and have these cases and test
mony sent before US, and We will satisi
this Court by our findings whether or nj
we are willing to maintain the high stanC
ard OF morals which the people ofSpartaI
burg have always upheld.
: JOHN BANEsToS DAVIS, Foreman.