The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-09-04
LETTERS FROM THE PEOPLE.
Who Proclamation.

courts, prosecuting attorneys, sherlfs, consta-
bles and all peace officers to bring to justice all
persons engaged in the lynching of Holly Epps,
on the 10Th day of January, 1886; Of Thomas and
John Archer on the 9th day of March, 1886; of
William Dunn, the 18th day of August, 1885,
and of William E. Watkins on the 10Th day Of
August, 1886 This reward is to be paid for the
apprehension, and conviction. and sentence to
Imprisonment in the penitentiary of any person
engaged in the lynching of these individuals
Such proclamation challenges reply.
l. 1t is addressed to officers whose official duty
1t IS TO search out those who commit crimes
without special compensation, and is, therefore;
reflection upon their official integrity. For it says
TO them: You will not discharge this duty unless
th,A stimulus of this 81 900 is added to your Off
cSal obligations | cannot but regard 1t as
brbe as unjust to them it is subversive OF the
independence OF those officers, whose duty 1t Is
to determine the guilt or innocence OF the &C.
cused.
2 In YOUR proclamation you assert that '"The
courts of the State are open and free to all, the
machinery of the law untrammeled, and equal
and exact justice can be melted out to all with
out hindrance or delay"
propose TO challenge each and all of these
declarations and to show that because they are
not true the people, for the safety of their per
sons and property, are driven to the necessity
of administering justice themselves.
When was young man. entering upon the
practice OF the law, there occurred at Vicksburg
1he execution of ten gamblers by citizens.
Prior to that event. from St Louis to New Or
leans, the Mississippi was noted for the preva-
lence of crimes of the deepest dye committed
everywhere upon the banks and waters of that
river. Among these crimes was professional
gambling pursued by men whose sole occupa-
ton was this vice. attended by every circum-
stance that made it criminal At Vicksburg
they set at defiance every moral and legal obi
CATION; they enticed the young men OF the city
Into their own illegal practices Parents APP
pealed in vain to the authority of the courts for
protection. For it was not true with them, as
it is not true with us. that the courts melted out
equal and exact justice. The accused. by false
testimony, could always prove an alibi, as your
law phrase terms it-that is, the accused was
elsewhere at the time the crime committed.
The courts were powerless in all their machinery
TO expose the falsehood of this testimony, and
therefore were bound by it. The people of
Vicksburg then gave public notice to the gam
ARlers to leave the city by certain day. They
derided this warning. and ten of them were exc
aeuted.
From that time commenced the moral purifi-
cation of the Mississippi. For crime power
greater than courts of law, which it could not
defy.
AS I was fitting myself for the practice of law,
carefully studied this event to determine its
legality.
When an individual enters into society he
gives up to it his natural right to be the asserter
of his own rights and the redresser of his own
wrongs, and there rests upon society the obliga-
ton to him to redress any wrong he may suffer.
The obligation is mutual When society fails
TO discharge its obligation, then the natural right
of the Individual to assert his own rights and to
redress his own wrongs reverts to him. and it's
exercise by him is legal. And by this conclu-
sion / justified the act of the people of Vicks-
burg,
Ny space allows me to refer to but one more
instance. occurring outside of our State-that OF
the people of California when they deposed the
entire official machinery of their government,
7or that machinery perverted society so that in
that State crime was upheld and right and jus
tice disregarded. The people overthrow this
government and established provisional. one
that right and justice might be preserved to the
people. The acts of this provisional govern
rent weEsAs, eyeg allied inrqnestieH.~W Be-
cause the right of self protection, when society
cannot or will not protect its members. belongs
to the aggrieved, and that, too, without refer
ence to numbers. When society cannot act. the
right of self-defense obtains; when IL will not
act this right obtains Also
From these foreign cases, now refer to one
occurring in this county few years ago.
was not a resident when the people disposed
of the case of Jacobs. He shot neighbor who
was chopping wood near to his residence. The
wife of this neighbor heard the report of the
gun. but not hearing his chopping, she went to
him, found him dead and Jacobs there. he
forced her to his brutal purposes By continued
threats he forced her to constantly submit to
him. and this was the purpose for which he muir
dered the husband. He was indicted, but
through fear of her personal safety she testified
untruly and he was acquitted. When her life
became insupportable, she subsequently re-
moved to Bloomington, and there, freed from
her fears she testified to the truth. But the
murderer was safe because as shield to crime,
our laws adopt the common law wherein it de-
clares that person shall be tried a second time
for offense
The UNPUBLISHED lawless acts of band of
criminals in Washington and Jackson counties
led to the organization of company of regu-
lators and this company, as was said, executed
Jacobs. / was here when the news of his taking
off was received and all heard speaking of the
matter reioiced. Jacobs had created a general
fear by his many crimes, none of which the
courts had punished. The people had to suffer
or execute equal and exact justice" themselves
These instances show the causes why the peo-
pie asserted their rights and redressed their own
wrongs. The case Inow cite will exhibit the
manner in which the courts administer the equal
and exact justice of which you speak
The express company operating on the Louis
ville New Albany e Chicago railroad was
robbed IN this county. Two of its officers hav-
ing in charge it's safe were shot down with the
evident purpose that both should be killed, for
both were shot through the head. One, at first
Knocked down, was forced Co open the safe
to the robber, and then deliberately shot, upon
the principle that dead men tell no tales. But
both recovered, and the robber was identified by
the one last shot when he was arrested
AS soon as the lawyers were engaged an effort
was made to get up party political excitement
as IT party feeling prompted the prosecution
The jury were about equally divided in politics
one Republican for acquittal. Democrat for
conviction; the remaining Republicans for con-
viction. the remaining Democrats for acquittal
say this only of the charge of the Judge: that
never desire to read such another. l do not
charge that the action of the court or of the
jury prompted by party feeling, but refer
to the division of the jury as following the party
issue made in advance of the trial.
Upon the second trial, one of the jury, Sc
lected, was overheard to tell friend of the &C.
cused that he was there to help the accused
During the trial this fact was made known to
the attorneys for the State, and by them brought