The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-10-20
THE MOB GUILTY OF MURDER
Singing Charge to the Spencer Grand
Jury on the Frank Disc LynchiDg.
Judge Grubbs Declares that the Owen County
Mob Committed a Cold Blooded, Premedi-
tated Murder, and Shoald Be Punished.

- - Az July AZ, INV O4 AN
members of which were known. will be in
vestigated by the present grand jury, to
which Judge Grubbs to-day read the fol-
lowing charge:
At the last term Of court here one Frank Disc
was q Prisoner in your county Jail upon a charge
or murder. His case had been investigated by a
grand jury and an Indictment had been returned
charging MIN with murdtr in the trst degree.
HIS case had been set for trial. and by reason of
his poverty counsel had been appointed for his
aeiense' ana also TO assist the prosecuting attor-
ney In conducting q vigorous prosecution. A
change or venue had been demanded on account
or local prejudice, supported ny a proper afida-
Wit, and, as the law in such cases imperatively
requires, such change had been granted, and the
case sent 10 Putnam county, and the prisoner
Ordered taken there for trial The term of
lad scarcely adjourned, when, as currently
reported. a mob came into Spencer under
cover OF darkness, surrounded the jail. without
violence secured entrance and brutally and de-
hherately took the life of Disc. a defenseless, un-
tried, unconvicted prisoner. by banging him in
his cell. This act. II 50 committed. was murder,
brutal. cOld-blOOded, premeditated murder. and
the men who 1t or aided and coun-
seled or encouraged it. were aud are to-day.
argument, or sophistry, or pretense, can IL be
made anything else. 1t has no legal name but
murder. and at that the most cOwardly. most in-
excusable. lawless and dangerous. 1t Is the
highest grade Of homicide known 70 the law,
namely; murder in the first degree.
WhosOever purposely and with premeditated
malice Kills any human being, Is guilty or
murder in the first degree, and upon conviction
shall suffer death or Imprisonment for life.
This killing was feloniously done; there was a
purpose to kill; il was not accidentally done. The
perpetrators came from their homes and their
places OF residence for a well1defined purpose.
Each member OF the mob had Disc in his mind
when lie joined his fellows in this unlawful un-
dertaking. More than that. it was pre-
meditated. 1t was not a chance gathering OF
men. The purpose of lynching Disc had not
only been conceived. but had been deliberated
upon. Meetings had been held at which plans
were laid. methods were devised time fixed and
all preparations carefully made. No man who
came into Spencer that night with that mid
night band was ignorant OF their lawless pur-
pose.
CONsPIRATORs AGAINST LAW.
They were fellow-cOnspirators against a human
life, and against the law, and each was equally
guilty in the eye of the law. 1t is beyond ques-
ton that this feloEious act was done purposely
and with generalization, and by no theory or
construction OF the law can 1t be reduced below
murder IN the first degree. 1t was murder. too.
that was utterly inexcusable and indefensible.
Not a word can rightly be said in extenuation or
defense Of 1t. The fact, If such was the fact,
that Disc had perpetrated an unjustifiable muir.
der, would not and could not Justify or palliate
a resort to mob violence and the taking of hui
man life. The law provides q punishment for
such crimes and a tribunal for its trial, and that
tribunal existed in Owen county, and was en-
gagged in the discharge Of its duty. Disc had
of the law, an Indictment had been returned
against him, and every step had been taken to
bring him to prompt trial and to secure a yigor-
GUS prosecution. The law was not at fault, nor
was it being administered in the interest Of
crime.
been determined. Ii guilty he was entitled to a
fair trial. to be confronted ythe witnesses, TO be
heard in his defense before an impartial jury
and court. Not one of these legal rights were ac-
corded him.. His only trial was in the court OF
the mob, convened in some barn at midnight;
without evidence he was sentenced TO death and
slain IN his CELL without Ryan the chQnpa for hil
life that the average man would give to
a worthless dog. And that in a ccun-
~ where courts were open, the course OF
justice free; where honest men sit as Jurors, and
where ii dared not be asserted that corruption
sat upon the bench or returned ~verdicts from the
Jury-Dox. There was not even the poor excuse
for this crime that 1t was done under the stress
of excitement or the result OF a sudden outburst
of passion. The crime charged against Disc had
been committed months before, and any excite
ment growing out of it had subsidized. But the
deplorable nature and gravity OF this crime Is
not measured when you are told that Is involved
the lawless and unjustiiable taking OF a human
life. II was more than that The mob which
hung Disc dethroned and set aside the law and
courts and the orderly administration OF jusisce,
and took the law into its own lawless hands.
Such crimes as this strike at the very foundation
OF society. They invite and make way for dis
order and anarchy. They imperil the innocent
as well as the guilty. They disgrace the state
and stain the reputation OF our people by send
ing abroad the impression thatit Is inhabited by
a lawless and barbarous people, and that life is
not protected aud law not enforced. 1t adver-
Uses owen county as q place Wnere courts are
not equal TO the administration of justice. and
where cowardly and murderous mobs are likely
at any time to take the law into their own hands.
1t says that the Judge upon the bench, the OFF,
GERS OF the law. the juries III the box are either
incapable. cowardly or corrupt. and administer
the law IN the interest OF crime. and not for the
public good.
NEED OF QUICK
There are overpO wing reasons why the per
petrators Of this cruel outrage and crime should
be hrOuphf fo swift pupisbmapf- Ubr potbin.
should be left undone to discover the criminals
and make them answer to the law they have do
fed and dishonored. 1t is your opportunity now
to exalt the law and 20 demonstrate that there
is one place where mob law will not be toler-
ated.
L instruct you, further, that criminality in a
case of this kind is not confined TO the man who
adjusts the rope, or the one who strangles the
victim after the rope has been adjusted. We
have a statute that provides that ''every person
who shall aid or abet in the commission of a
felony, or shall counsel: encourage, hire, COM
nand or otherwise procure such felony TO be
committed, may he tried and convicted as a
principal. and upon conviction shall suffer the
same punishment" One, to he guilty, need rot
have accompanied the mob, NAV not have been
present or participated in the hanging. IL he
counseled or encouraged ii, was present and took
part in the meetings where ii was planned, If he
aided by counsel or cooperation In setting il on
foot. or encouraged Others to execute the deed.
he, too, is a murderer and liable TO the penalty OF
the law as mucD as the CHOSEN leader or the mob.
Ii has been reported and more or less in
dustriously circulated that Disc was not
hanged by a mob, but thai to escape
the mob he committed suicide by hanging
himself in his cell. You will Investigate
this in connection with the other facts in the
case, and see what basis. IL any, there was for
such a tatement. 1t has come to the
lynching, there were reports in the air and free
ly circulating that meetings were. being held,
plans were being laid. and a mob was organized
for the ayOwed purpose of hanging Disc. 1t is
further stated that such reports, from reputable
people, came 10 the knowledge or the officers OF
the law in whose custody Disc was, aud whose
duty it was to protect him at all hazards. You
should investigate such reports and trace them
to their sources in you effort to discover where
and by whom this crime was set on foot and car
ried into execution.
1 have been thus full and explicit in these
statements and instructions because OF my
strong conviction that the one duty of the hour,
not 10 be shirked or lightly treated, lie a search
ing, all-rOund investigation of this crime, that
shall result in the discovery. Indictment. trial
You are the only body that can set on foot such
an inquiry. IL Is your highest duty to institute
and conduct an investigation that shall uncover
this crime. vindicate the law, redeem the fair
name OF the county. and again %enthrone law in
your midst. The court can only aid you, IT can
not originate an Investigation. But want you
To understand that every possible aid the court
can legitlmately render you VIII be gwen; given
freely, fully, gladly. All its powers VIII be ex-
erted TO help you at all times, 10 remove all
aid you iii procuring evidence and 10 advise You
in all matters of law upon which you may need
counsel during your investigation.
IN THE WAY.
Tbs difficulties in your way will be many and
-. ~, ,s;l Ia Ataf.n1tsaa &. ~s.-