The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-06-12

ReoWee Courier.

heOUSS COnI
We have been surprised at the opinions ad-
vanced by some OF our exchanges, especially
the Charleston NeUs and Courterand the
Columbia Regtets: on, this unfortu;
nate killing: Both t1sir edtcTas M are 9ib pfbfns ts
because we propose to show their faiiacy.
The particulars Of this homicide, In whlch
young Mabry lost his life at the hands OF Ly- :
on, appeared in last weeks issue. and It Is
useless to repeat them. II is sufficient for our
purpose TO know that Mabry was killed and 4
that Lyon is now in Jail awaiting trial charg-
cd with the crime OF murder.
In the first place we would enter our earnest
protest againts the trial by newspapers or per-
and laws OF our State, as do the laws OF all CIV
ilized people, guarantee to all persons charged
with any crime or offence ~ speedy and pupiic
heard in his defence by himself, or by his
counsel, or by both, as he may elect" SUCH
being the rigths of accused persons as proper
the land, it becomes all disnterested persons
and newspapers as well, to refrain from COM
ment for or against the accused, and to leave Z,
ty, which is the judicial department Of our
State government. If the courts and juries are
dere!lct In duty In any particular instance.
Pile and the newspapers TO hold them up to
public scorn and criticism for this specific
shortcorning, and for this alone. We should
| never permit our criticisms OF past miscar-
rages of Justice to so warp and bias our
| minds that we are ready to make unfavorable
comments against any person awaiting trial
| for crime, or to PREJUDICE his case, and 30 ex-
hort the courts and jurIes 10 convict. On this
works Ir Itself up into perfect tempest in tea
pot" and while asserting its willingness TO
theless, finds him guilty Of murder on the ey.
idence adduced by newspapers. and says, "but
| If the essential facts In the killing Of Mabry
are as tney have been elated in thenewspa-
pers, we have no hesitancy in saying that he ts
guilty of murder and should be hanged.
| Thus 1t is that the newspapers nave arrogateo
| to themselves the prerosatives OF the courts
| and juries, and have beforehand tried. convict
| ed and executed the accused. Just such rash
| newspaper trials of those who are really gull
| ty of murder, Is often the means OF securing
| the acquittal rather than the convictions OF
criminals. 1t furnishes material for astute !
| lawyers engaged by the defence TO enlist the
| sym pathies Of the jury In behalf OF "the un-
| so numerically handled by the newspapers
| We hold therefore that all such newspaper ar
tcles are wrong In principle and bad IN prac-l
tce. On this point we heartily l. endorse I'D tne,
OF all our contemporaries. would have been
most likely to be. unduly excited, since he
knew personally the slayer and the slain, ana
was at the scene Of the tragedy. But his head
| is cool and level and we cannot but commend
his course HG,,.
But the Columbia Begister' rushes to the 9th:
| er extreme and thinks IT matter OF small
| concern NUeIuel lyOhs even Sa'ibJt
ished or not. It says. "whatsoever may be Z
| the result Of the trial OF the slayer OF Mabry,
! that result must not be expected 70 do much
| TO preyent homicide under similar circum-l
stances In the future" If this be true, then
as the Register suggests, the j1ries
Houses be closed. We cannot agree with: this
pessimistic view Of our condition as taken by
our cotemporary. The end or final cause OF
| oil human punishments Is that they serve as
| a precaution against future crimes OF the
same kind. This end Is effected In three
ways: Q) by the amendment OF the offender
himself; (2) by depriving him OF the power
ring others by the dread of his example.
That due enforcement of the law, which in-
sures the certainty OF the punishment OF Of
| tenders is the safeguard Of life, limb and pro-
perty. No citizen Is called upon to set him.
| self up as public guardian or conservator OF
| the law and aid in its due enforcement when.
| violated, and in securing the punishment or
offenders. Law is defined by Blackstone to be
"a rule of civil conduct, commading what ls
| right and prohibiting what is wrong. Ine
! law then Is the great conservator of peace, be
cause 1t is the rule Of action by which each
and every citizen is compelled to square his
conduct In relation to the rights Of bis fellow
men, whether those rights be OF life, liberty
| or property. And the principal obligation OF
all human laws Ia to be found In the penalty
annexed TO them; herein consists their main
strength and force, for without proper sane
toh they would be nothing more than pre-
| ty Hence in all proper cases let the man
dates Of the law be enforced, whether 1t be the
infiiction of the death penalty or impr1son-
ment And let the courts say when the law :
OF the land has been 1violated. ndya proper
case made for the inf1iction OF its penalties.