The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1883-04-05
Civil Law or NIob L1w-WhIch
shall Preyan?

lin county, and then attempted to drown
his victim in pond Of water iRud hy; h
was only prevented from doing sTby th'
approach of third party. The girl did .dI'
next day frnn the injuries she had rocoiv
ed, and her worse than murderer made HI
escape to Natehcz. A short time ago HI
was detected and captured by the hatcher
authorities, and twJ weeks ago, in anticipa
ton Of the approaching term of the Circui
court, he was turned over tn the Franklin
county authorities and lodged ir tlR Mead
willie Jail to await his trial. Last Thurs
day night. body Of armed men, unde
prctense Of desiring to lodge prisoner il
hlil, induced the iailcr to the Jail door, over
powered him, took Tom Bailey out ant
hing him from china tree not fifty yard
distant.
! In this connection we wish to make some
much needed comments upon the subject
of mob law. That this case WAS an aggra
waited one and the criminal worthy Of
death. we do not question for mome1t-
death seems almost too mild punishment
for such a monster,-but we do enter onI
protest against the proceedings which ae-
complished his end. We say it deliberate
". but none the less cmplEstically, this is
not the way to deal with criminals charS-
ed With capital offence.
! If the State were cursed with anincompc-
tent, corrupt and vcnal Judiciary and jul
ries which could not he trusted to find in
accordance with the law and tie evidence,
the case would he different. As it is, we
have iudges whose learning and integrity
cannot he questioned and tile juries. may
I've safely relied upon to do their duty in
| all such cases. That the laws against rape
| and murder are being faithfully executed,
we need only cite the half dozen or more
condemned criminals in Mississippi now
who will cxpiatc their crimes on the gal
lows within the next sixty days.
In the case in point, it was only few
days before Judge Chrisman, whom we
have yet to hear a single person intimate
| has ever been too lcncnt with criminal,
would hold his court, and tho accused man
be tried before jury of Franklin conn
ty who could not b. otherwise than out of
sympathy with his crime. Why, then, this
unsccmly haste to punish without law or
Jury, and thus violate anew the law which
should have been hOnored and vim
dicated.
The fact is-and VIC speak plainly be-
cause the subject demands 1.-THE men
who engage in this sort Of business
| themselves become murderers morally and
in the sight of the law In short, those
who deliberately proceed, regardless of the
forms of law prescribed, to deprive a man
of his life because of murder he has COM
mitted, that moment themselves take the
place in the category of crime of him
whom they essay to punish. On the same
principle, larger mob might, with pro-
priety, hang the smaller, and so on until
there would be no more of n whole county
left than there was of the Kilkenny cats in
the story.
Furthermore, all such lawlcss proceed
| ings inevitably tend to a disregard of law
in general; a state of affairs no patriotic
citizen can contemplate with complacency.
If the laws regarding rape and murder are
thus to be ignored, why not abolish such
laws altogether and proclaim in unmistaka-
bic terms that Judge Lynch is to reign sll-
prelne! Let the mob decide on the guilt OF
innocence of all persons accused of sucl
crimes and administer justice accordingly
| 1t is q cheat and % needless conflict and eX
pense to run both systems.
In conclusion, we wish to say that it con
Germs the press of the country and ever!
thoughtful sober-mindcd citizen to seri
ously consider this subject. 1t is not ;
question as to whether such crimes shoul'
be punished by death-it is ones
ton az to whether they are t.
be punished in accordance with the form
prescribed by the laws Of the State and il
accordance with the rights guaranteed b.
the national constellation, or whether the
shall be punished by an unwritten Law a
j the handssOf an exasRerated and unreason
ing mob. We are conscious that there ar
some otherwise law-abiding citizens VII
ioin these mobs, and many good men an
not few newspapers who either say moth
ing or openly applaud when such acts c
violence are perpetrated; but we ask ther
TO stop and reflect upon the character Q
mob law, its effects and its tendencies, an
then decide upon their duty in the premi
SEES. If Judge Lynch must needs be, ar
pealed to at all, it shOuld not be done unit
the duly constituted authorities have palpa
bly, failed to deal with a criminal a
the merits of the case demand. Then fo
the people to take the law into their ow
hands, seize aud executein broad day high
the man deserving of death, would serv
alike as terrible rebuke to the crime Ii
had committed, and the corrupt com
which would shield Kim in it and rsb jus
tice of her own. That any Of the presen
Judiciary of Mississippi is thus chargeablt
or that Gov. Lowry is too much given. t
leniency, we do not believe, and until $
convinced, THE LEADER shall continue t
raise its Voice against all acts of mob vic
J lenee.
In another column we publish
communication from Cpl. j. NJ. Yves
son, relative to the charges brough