The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-02-19


directed that the grand jury be called.
Ten persons had been summoned, but
the following were sworn: G. A. Turner,
foreman; r. l.. Layne, A. j. Haislip,
Thomas Engleby, e. w. Donnelly, r.
ID. Cottrell, Samuel Kinnier and Robert
Johns, colored.
The members of the grand jury took
their seats and the judge produced his
charge in manuscript and began reading
it. During the time this consumed
every eye was upon him and cvery one
listened with interest. Itwas as follows:
Gentlemen Of the Grand Jury:
Doubtless you are already aware of
the reason for your being summoned
here this morning You have all heard,
no doubt, that last week citizen of
this commonwealth was taken from the
hands of tho officers of the law, in whose
custody he was by virtue of q warrant
charging him with crime, and, before
he had had 4 trial or even preliminary
examination, was hung to q tree by q
mob This citizen was a worry humble
one, and the crime with which he was
charged was one for which he deserved,
If proven guilty, the severest penalty of
the law-that is to say, confinement in
the pen1tentiary for eighteen years.
But these facts cannot be pleaded in ex-
tenuation of the crime of those who, dis.
regarding the laws under which VIC all
have to live, wilfully and deliberately
put him to death. This was a great
crime murder worse, more disastrous
In its results than murder generally is,
because it was not only the taking of
human life, but it was q significant
symptom Of the utter disregard for con-
st1tuted authority and for the laws,
which Is felt by such largo number of
our citizens.
ut has been said that this killing was
but the execution OF sentence pro-
nounced by the people of this city act
ing as court Of last resort. This, gen-
tlemen, cannot and will not believe
until 1T Is proven conclusively. do
not believe that q majority of our citi-
zens approve OF it. | know that it was
only q small fraction of them that took
part in this proceeding. 1t was tho
work of tho mob and not of the people,
and feel it to be my duty not to let
such ISLANDERS against our good name 20
uncontcadicted.
1T is said by certain writer that IT
is related of Socrates that he made n
laws OF his country, but this is NOTHING
more than what every good man ought
both to promise and perform; and he
ought to promise still further that lie
Will exert all his power 20 compel others
to obey them And believing that in
This respect Socrates, heather though
he be, set an example rather to be fol-
lowed than some who call themselves
Christians. feel that would be rec
reant to the duties imposed upon me-
not only as judge but as a citizen of
OF This young city that / love, if l did
not, most earnestly, do all in my power
to rebuke this outrageous act of law.
lessness; ana therefore, gentlemen, 1
call upon you to do your duty without
rear and without favor; investigate the
iacts and circumstances surrounding
this occurrence, and, if possible, bring
some of the perpetrators before the bar
of court of justice to answer for n
murder OF fellow being, to whom thew
denied the right of fair trial before
such tribunal.
AS have said. gentlemen, and 1 re-
peat it, the law of this State pronounces
this ohense to be MURDER, and until it
be, by law, (passed by the regular con-
stituted authorities), declared to be
something else. it must remain so. Tho
crime which the deceased was charged
with, the inefiiciency of the law as to
punishment, and of courts and iuries in
lnflicting punishment for such crimes.
C1f they EXIST, do not alter this fact one
1ota 1t still remains murder, not only
for an Individual, but for n crowd of in
dividuals,t to destroy the life of human
being except in tho manner prs scribed
or allowed by law.
est haa haar al 49,
the law making power, but it must not
be forgotten that the people have agreed
to live under regularly constituted
government and that they can only ac.
In the manner which the constitution,
which IS the organic law. provides.
The people in mass meeting assembled
cannot pass this law; only the Legislature
can do that. The people in mass meet.
Ing have no right to administer the
law; only the judiciary can do that.
and all this talk about the rights of
the people is very absurd to any one
that knows anything about such mat
tiers.
"This being promised. then the cues
ton resolves itself simply to this:
Are there any circumstances in which,
what the law says is murder can be
justified, either on moral grounds or on
grounds of expediency iii any such can
be imagined that are not moraN?
1t is not for me to undertake to saw
what the religious aspect OF this affair
may be. There are others more compe-
tent than to speak of this. But M ust
say that l was surprised to learn that
even minister OF the Gospel could be
found here who says he approved of
lynching under some circumstances. I
Confess cannot understand by what pro.
cess OF reasoning lynching can be recon
ciled with the commandment: Thou
shalt do no murder, or how anv ana a