The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1884-01-17
New York INDEPENDENT
THE DOCTRINE OF JUDGE LYNCH.

The IHdependent, IN its issue OF the
29th of last month, contained short
editorial entitled ''The Remedy ot
Lynching" The occasion for writing
the editorial was the lynching of Nell,
ing, in Indiana, the self-confessed
murderer Of Miss Ida Atkinson. The
Jail in which Melting was confined
was broken into by lawless mob
and he was summarily taken from the
hands Of the law and then hanged
to the limb of tree. The Idepend-
ent characterized this deed as an act OF
murder, and called upon the authori-
ties Of Indiana to use the utmost dill
gence to bring the murderers to JUS
tice in the way that the law prescribes.
This remedy for lynching" has
brought out two responses from regu-
lar readers Of the independent, in both
Of which the writers not only protest
against the remedy, but denounce law
yers, jurors and judges because crimi-
mails who ought to be hanged so often
escape the punishment they deserve.
1t is. however, necessary, in the inter-
ests of justice, for Judge Lynch now
and then to hold his court and supple
ment the regular administration Of law
and thus the more effectually teach
the criminal classes that they must
not violate the law. Nelling's case is
referred to as a pertinent illustration
of this doctrine. The men who took
him from Jail and hanged him by the
neck were not, in the Judgment Of
these correspondents, murderers, but
rather deserve the thanks Of all good
men," They gave Melting just what
his crime merited, but what he might
possibly have escaped but for their
timely and patriotic interference.
This is the gist Of what both of these
writers have to say on the subject.
We confess to them very frankly,
and to all others Of like mind, that
we still hold the opinion already ex-
pressed in regard to the nature of the
act, and also as to the proper remedy
for preventing the repetition of such
acts. Murder is carefully defined By
the laws of Indiana, as we'll as by
those Of other States; and killing meu
by lynehing, comes, beyond all ques
ton, within the meaning Of the def
milton. Such killing is deliberate and
intentional killing, and that, too,
without the authority Of law. and iu-
deed, against It's authority. The par
tioipants in the killing are, by the
rule of law, murderers; and If the
law is right, as we believe it is, then
every one Of these participants ought
to be dealt with as the law directs.
This is what we said in the editorial
referred to; and it is what we say now
Judge Lynch is simply murderer, no
matter what may be the character of
the man he murders. He kills with
out any authority for so doing; he
does it by design and intention; and
this is murder, whether perpetrated by
single individual OF by mob Of one
hundred aud fifty persons. The fact
that a mob does the killing, and that
the man killed is himself murderer,
does not change the character of the
action at all. The law forbids this
kind Of killing, as it 2ug glt TO do, and
as it must 40 in order to protect hn-
man society, and provides a punish
ment for it; and hence the only pro-
per way of dealing with Judge Lynch
is to treat him as felon, and, after
trial and conviction, hang him by the
neck till he is dead A few examples
of this character would put an end
alike to this doctrine aud the practice
of it.
Lynching, moreover, is the very
worst of all possible remedies for al
legged defects in the regular admins
tration of law. 1t is thousand times
worse than the evil which it proposes
to correct. Les it be granted that
criminals, in the process Of regular
trial, sometimes escape the punish
ment which they deserve. This is un-
doubtedly a fact; and yet it is far bet-
ter that they should escape than that
a mob Of lynchers should take justice
into its hands and attempt to maintain
law by most outrageously violating