The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1884-06-20

LYNCH Law.
And How II Came to Be-A Leaf from
an Old Diary,

A Old Diary.
Hon. J.C. G.. Kennedy of Washing
ton is the grandson of Andrew Ellicott
the surveyor who laid out Washington
city i n connection with L'Enfant, writes
o Washington correspondent. Ellicot
was. in the days of Washington, n o
the leading scientists Of this country
and he also made o name for hmsel.
abroad. He did much OF the more i'm.
portant surveying for the government
and was employed in important com
missions his whole life long. One O
his most important works was the sur.
vey Of the line between the then United
States and the Spanish possessions in
America, consisting OF Florida and
other parts of the south. During this
survey he kept a very full diary, which
IS still in the hands of his family. 1t is
full OF interest concerning early life
in the southern states and among the
Indian tribes. 1t is made up from
notes taken on the spot, and it reads
like a picture of the past put on the can
vas in life-like colors. II was not a new
thing to me that the term lynch law
caiae from the man, Capt. Lynch, who
originated this form of jurisdiction, but
h %efollowing description of Capt. Lynch,
whom Ellicott met at this time, though
now fast approaching the age of 100
years, will be read with interest by the
men of to-day. / copy verbatim:
Capt. Lynch just mentioned was the
author of the lynch laws SO we'll known
and SO frequently carried into effect
some years ago in the southern states
IN defiance Of every principle of Justice
and Jurisprudence. Mr.. Lynch lived
! n P~ittsylyania when he commenced Leg
lslating and carrying his ideas into eff
feet. had the following details of pro-
cedure from his own lips. The lynch
men associated for the purpose of pun.
ishing crimes in a summary way with
out the technical and tedious forms of
our courts of justice. Upon a report
being made by any member of the assoc
citation Of a crime being committed in
the vicinity Of their jurisdiction, the
person SO complained of was immedi-
ately pursued and taken if possible. II
apprehended, he was carried before
some member of the association and ex-
amined. If his were not sat
isfactory he was whipped until they
We're so. These extorted answers usual
~ involved others in the supposed crime,
who in turn were punished in like man.
ner. These punishments we're some
times severe i'll consequence of the an
swers extorteo under the influence of
the smarting whip to heterogeneous
put by members Of the association.
"Mr. Lynch informed me that he had
never i'll any case given vote for the
punishment of death. Some, however,
he acknowledged, had been hanged, but
not in the common way. A horse be-
came their e1ecutioner. The manner
was thus: The person to be hanged was
placed on a horse with his hands tied
behind him. A rope was tied about his
neck, and its other end, not too long,
was fastened to the limb of a tree over
his head. In this situation the per-
son was left. When The horse in pur-
suit of food. or for any other cause,
moved, the criminal was left suspended
by his neck. This was called aiding the
civil authority. 1t seems almost incred-
IDLE, continues Mr.. Ellicott, that such
proceedings SHOULD be had, governed,
by known laws. 1t may, nevertheless,
be relied on. l should not have assert
it as a fact had it not been related to
me by Mr.. Lynch himself and by his
n%eigllbors. This mode of procedure or
lglnated in Virginia, about the year
l776, from whenceit extended south
ward, as before observed"