The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-03
THE ENFORCEMENT OF LAW.

upon the responsibility of courts and lawyers
for the lax enforcement of law, and the con-
sequent Generalization which expresses itself
in mob violence, makes proper use of the feel
ing that was excited over the O'Donnell case,
because of the peremptory manner in which
legal conclusion, to emphasize the low tone
of the American people over the frequent
miscarriage of justice. 1t is conceded, we be
leve, by the most earnest and enthusiastic
O'Donnellite that ODonnell was a murderer
an avenger; that he killed Carey purposely
and in pursuance of premeditated purpose.
If this be not the case, then he is not a
patriot" and is unworthy the sympathy
and plaudits of the men who admire his
deed. But this view of the case
puts O'Donnell squarely within the
law against murder, and is a vindication Of
the methods, manner and result Of the trial,
so far as legal justice is concerned The execu-
ton of Nathan Hale as a spy and the hanging
of Major Andre are not condemned as acts of
justice and necessity under military law, yet
the one is hero in American history, and
the other is entombed in Westminster. There
fore, in discussion of the enforcement of
law, the moral quality of ODonnell's act cuts
no figure. Reviewing the practices of Ameri-
can courts in the trial Of criminals Mr.. Reed
says:
" Attorneys accustomed to the immoral
practice of our courts in criminal cases. could
hardly understand how the judge, in the trial
of the assassin ODonnel, could refuse new
trial when one was asked and could do this
for the reason that fair trial had been had,
and that the verdict was justified by the evil
dence, and justice had been done. Our attor
neys supposed that the proper sequence Of a
conviction for a capital crime was new trial
They were dumbfounded at the English idea
that courts are to administer justice and that
when a murderer has been convicted it is the
end of the law. aYr
''Can rational beings ask any better reason
for the increase of brutal crimes than the no.
torious fact that our administration of law
protects the criminals? Can they wonder that
little girls on their way from school are en-
ticed or carried by big rufians into dens or
lonely bottoms and ravished, when the courts
nurse them, and outlaw all that demand their
punishment Can they wonder that in this
city human life is so cheap, and the law so far
from terror, that employees in livery stable,
associating as fellow workmen with their en-
ployer, deliberately plan to knock him in the
head with hammer, in broad daylight to get
what money he has in his pocket to spend in
mere indulgence? Can they wonder that when
the administration of law has abolished jus
tee, the community should have increasing
respect for that spontaneous court of the
neighbors whose justice is prompt and sureP
Mr.. Reed has hit the nail on the head, and
his words are in harmony with the thought
of every one who has studied the question
with any degree of candor 1t is the
non-enforcement of law which, in law
abiding communities, causes outbreaks of mob
violence, and it is low and brutal state of
public sentiment, because there is and has
civilized communities makes Judge Lynch's
court the ready resort against those who vio-
late the social compact and threaten the in
tegrity of social order, howsoever low that com
pact and order may rank. The cure for the
one and the cure for the other is the enforce
ment of statutory law through legal means
and the agency of recognized judicial
methods. When law reigns Judge Lynch re
tires. 1t is not that the sheriffs who admit
mobs to the Jail are not brave enough.
Where condition of things obtains that breeds
a mob and calls Judge Lynch to the midnight
bench, the killing of one OF more avengers
by sheriff would lead only to the possible
lynching of that officer, as well as Of the prisoner
for whom the mob started Neither will the
keeping Of Siberian bloodhound in a jail
yard add to the public safety. What is wanted
is condition of things so salutary, so heathful,
so regular, so certain, that mobs will not breed.
We want to prevent mobs, not to kill them,
and this is to be done by preventing mob con
ditions. The remedy is the just and righteous
enforcement of the law, to the end that Justice
may prevail that law may be terror to evil
doers and a praise to them that do well In
the accomplishment of this brave sheriffs and
Siberian bloodhounds need not be factors. 1t
SnOuld De 50 VhaG qulett peacedpie clVlzen,
even were he a coward, could be jailer without
danger from mob violence, and that prisoners
could be regarded as in safe custody without
the vigilance of an agent once used by brutal
shareholders to the horror and indignation of
the civilized world.
THE Wilmington Star says ''Crime is fear