Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-01
LESSONS OF TIE CINCINNATI RIOT.

The great riot in Cincinnati is of histor-
ical Importance. 1t rises almost out of the
slum of mob violence to the dignity of
revolution. It certainly was revolt
against cruel wrong. We have no ex-
cuses for moba. They cannot be tolerated.
To apologize for them, to Justify them, is
to abandon lawful methods and the or.
derby forms Of government. Sooner or
later mob always comes under the control
of the worst elements in community. 1t
Is their opportunity, and they never fail to
embrace it. Mob violence is always
directed against constituted authority,
and as such must be condemned by all who
reslza the necessity for governmental re-
straints. There is in this country no rul.
ing class the officers of the law are the
officers of the people when any consid-
cradle number of people rise against the
officers, they revolt against and assault
themselves. For these reasons mobs
are less psrdonable in the United
States than in governments where
there is a ruling and ruled
class. Bat when all this is said, and all
possible condemnation of brute force and
lawlessness uttered, it remains to inquire
into the causes of the terrible scenes in
Cincinnati. a San Francisco contempt.
rary declares that it found in the failure of
the Court to do its duty in the Berner case.
On the contrary, it was the fault of the
twelve men summoned under the law to
pass upon the facts. The Court denounced
the verdict as Outrageous. The blame
rests with the jury, that lacked the moral
courage to call murder murder. That Jury
was Of the people and representative OF the
community. Against its verdict the mob
arose. It was mob, but a protest that
will echo to the uttermost corners of the
land. 1t was q mob, but its misdirected
violence against officers of the law speaks
of deep.seated discomfort with the IN.
certainty of the criminal law under the
Jury system. \ less violent but precisely
as significant protest was uttered in the
Dukes case in Pennsylvania, and when
that failure OF Jury to respect its own
conscience led to another murder, still
another jury in contempt of its predecessor
and the law, condoned the second crime,
in order to condemn the first Grim
inal. In all these it was the jury
that was bllmeful. In nearly all
capital cases il Is the jury that is at fault
The Courts, as rule, are more fearless,
and truer to the law. There is scarcely
any criminal arraigne1 but that some in
the community are found to excuse him,
and urge that the extreme penalty of the
law shall not be visited upon him.
In this community there is a condemned
murderer. According to all the intend
nents Of the law he is murderer; Court
so decreei; jury of representative citi.
zens so found; appellate tribunals have not
found fault with the decree. Yet there
are good citizens, worthy and seli.respect.
ing men, urging that the full penalty of
the law be not visited-that imprisonment
for life shall supplant the penalty the Jury
affixed. II the man committed no murder
he should 90 free, for his crime was either
murder or nothing. II he was crazed and
irresponsible, then he is innocent and not
deserving even of imprisonment; if he had
no intent to kill he is guiltless. The man
did intend to kill; he did kill, though
warned not to shoot he murdered an in.
nocent and unoif5nding citizen to facilitate
escape from arrest, because he thought the
citizen was about to seize him, and our
OWE jury so found aud fixed the death PEN
atty. Let us be honest with ourselves
II we condemn the Cincinnati jury for find.
ing cold. blooded murderer guilty of man
slaughter, by what logic shall we condemn
4 Sacramento jury for finding murderer
guilty of murder. If we disapprove the
Sacramento verdict, how viii we confront
the next Jury, that, with the failure of its
predecessor to be effective, shall SET some
murderer scot free? And yet we know
that there are scores of people, whose sig
natures command respect, who viii sign
the petition TO save Baten from the gal
lows. We do not doubt the sincerity Of
their sympathy, but it is misdirected,
and sn error that may, in the true
ripeness Of time, aid in bringing
about in some other case precisely