The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-03-30
The Riot at Cincinnati.

The people of Ohio are evidently by no
means inclined to do away with capital pun
ishment. The riot at Cincinnati. Of which
We print further accounts this morning, ap-
pears to be directly attributable to the
popular indignation aroused in that city by
tho action OF jury in convicting prisoner
of manslaughter, a crime punishable only by
imprisonment, when tho people thought he
was clearly guilty OF murder and deserved to
suffer death.
After public meeting to express the dis
approval which the verdict had excited In
the minds Of the citizens, large number Of
persons made an attack upon the jail in
which WILLIAM BERNER. the convicted pris-
oner. WAS supposed to DO confined. He had
previously been removed, however, and was
being conveyed to the State Prison, but,
owing to the inefficlency OF the on
GERS who had him in charge, no suc-
ceeded in escaping from tho train.
OF this the mob which surrounded
the jail knew nothing until the leaders, who
succeeded in breaking in and making their
way to BERNERs cell, discovered that 1t was
empty. They then endeavored to obtain
access to one OF the Avondale murderers,
whose victims were intended for the dlssect.
ing table. but In this attempt they also
failed, owing to the sturdy and steadfast re-
distance Of the Sherifrs officers.
The care taken by these officers and all
others OF the jail to avert bloodsLod whilo
doing their duty In protecting the inmates
against the rioters was most creditable. 1t
was only when the military force arrived
that careless or needless firing into the crowd
seems to have begun, but on such occasions
1t Is very difficult, II not impossible, to keep
unframed troops cool and steady, and every
great riot leaves its list Of innocent citizens
killed and wounded.
There is every reason to believe that the
verdict In the BERNER case was wrong. Ac-
cording to the Cincinnati papers, the man
had substantially confessed the crime, which
was plain and palpable murder, and not
manslaughter at all. The people OF the city
had good reason to be incensed at the re-
suit Of the trial. especially II the statement
be true that there are now upward Of
forty prisoners In Cincinnati awaiting trial
for homicide. The verdict Of manslaughter
against BERNER doubtless seemed to fore
shadow the probability that others just as
guilty might escape In the same way, and 30
the people, dissatisfied with tho adninistra-
ton OF the law. madly and fooishly tried to
take the law into their own hands.
No good ever comes out OF such attempts
to effect fundamentally none commcnsu-
rate with the cost.
It is idle to expect any system for the ad-
ministration OF justice to be 80 perfect that
every case will be decided correctly. The
value Of particular system must depend
upon Its general results. So far as trial by
jury Is concerned, the opinion Of those best
qualified to Judge in England and America
is overwhelmingly in Its favor as tho best
method vet devised for tho determination OF
questions OF fact in criminal cases. Very
rarely Is tho verdict Of jury In such a
case criticised In either country, and
our esteemed contemporary, tho Commercial
Advertiser, conveys an impression which the
facts do not justify when 1t says that the
jury system, (which was established as a
bulwark against despotism. has too often
proved but a protection to tho criminal" 1t
has protected the criminal very seldom in
decd, and to attack the institution Of jury
trial wholesale because 1t did not prove sat-
isfactory In the DUKES case or In this BERNER
case is to attack 1t simply because 1t is not
perfect. What method Of administering JUS
tice is ?
Inquiry will probably show that whatever
reform is needed in respect to the trial Of
criminals ut Cincinnati relates to the selec-
ton OF jurors or some feature OF administra-
ton which can be improved without affect
ing the essential elements OF tho jury system,
At all events, reform by riot Is out OF place
In this country, and ought to be out of date
In the last quarter OF the nineteenth century