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


OF man, for the Lords sake.'
but apart from this, this so-called
lynching in some quarters has boon
commended on the ground that the
courts and juries fail to do their duty,
and If this method is not resorted to tho
worse criminals would escape. In reply
TO this I.feel constrained to say that what
over the case may to elsewhere this is
not true here. Since we have had a
court here we have had only one trial
Tor rape and one for an attempt to COM
nit rape. In the first case, though the
woman concerned was proven to be the
very lowest of the low, yet the jury con-
vlcted tho prisoner and no was SEN
fenced to the penitentiary for ten years.
IN the other case, the parties were both
OF the same race and both in low walk
OF life, but vet for an attempt which
did not succeed the accused was sent to
the penitentiary for ten years. This
case happened no longer than last
November.
with regard to other cases whore
crimes were committed, parties were
not convicted simply because, due to
circumstances over which the authori-
ties had no control, it was impossible to
get proof as to who the guilty parties
were, and no ono can point to a single
case where the proof was clear and the
criminal had been acquitted I men
ton this because injustice has been dono
to tho authorities In speaking as il this
were not the case. But even if this
were not true, as charged. all who do
not wish for anarchy must admit that
this is not the way for people to re-
dress such evils. They have legal
remedy-the matter is in their own
hands, see to it that the laws governing
criminal practice are changed, require
Juries to DO selected with reference to
their fitness and not as now with refer
cnce in many cases to their unfltness.
and see also that all judges who do not
DO their duty be removed and those who
Will do their duty be put in their places.
And these same remarks apply to
otner criticisms upon the administra-
tlon OF the criminal law. 1t must be
remembered that our criminal practice
Is based upon the most technical rules
OF pleading and of procedure, and still
moro technical rules of evidence, which
came with US from England and which
England itself has in many respects
abandoned-that if a technical mistake
be made by the trial judge the case can
be taken to an appellate court and will
be there reversed. The Commonwealth
mas no appeal If a mistake be made
against her. Every doubt is resolved
In favor Of tho prisoner; it requires the
unanimous verdict of twelve men tooon-
Wet, and under our practice tho wonder
IS not that the guilty escape, but that
any are convicted. am not advocating
now that these things should be
changed, but 1 merely say that this.
TOO can be changed by the people if
they are dissatisfied with the law. Re
Quire the legislature TO provide simpler
and less technical methods of procedure
ana TO limit the right of appeal, and the
Owls supposed to arise from this source
would be done away with lawfully and
peacefully And so might go on and
say the Same thing about other excuses
that have been attempted to DO made
for this ineXcusable violation of the
law.
mo, gentlemen, on no theory can
lynch law be justifled-and still less n
hanging which was done without even
giving tho accused the benefit of some
sort OF rude trial, where an effort is
made to do substantial justice, such as
IL is said, the old lynch law gave.
Here the evidence which the mob had
TO act upon was mainly, it is said,
confession oXtorted from the miserable
wretch by fear, and with the rope
around his neck. But however this be,
IL Is our duty, gentlemen-yours, as we'll
as mine-to do what we can to stamp
out this spirit OF lawlessness which
81 ems suddenly to have sprung up
among US. If lynchipg is to oe allowed
in case of this kind. then it will lead
perhaps to lynching in cases of sup
posed murder, and then in cases of
other kinds. 1t will not do to leave it
to the mob to decide when they will
obey the law and when they will not.
One act OF lawlessness of this kind, if
allowed to go unnoticed, has a tendency
to produce habit of lawlessness.
such o habit makes it no difficult
thing to arouse those volcanic forces
which lie smouldering in all ignorant
masses, ready to burst forth upon suf-
hcient excitement If not on moral
ground, then as matter of selfish ex-
pediency. we. should not allow such
Things to go unrebuked and uncon-
demned in our community. The ten
dency OF them is toward anarchy. II
we once allow e> cepti no to be made,
thefe Is no way of preventing other ex.
ceptions being made. in tho general
that the laws must be res
pected and obeyed. And if such things
continue, soon this community would be
summed as dangerous place in which
TO live. Life and properly would be
considered insecure: business would
languisb. and we would have no right to
expect people to continue to invest
their money here, or leave their peace-
full homes elsewhere to make a new
home in place whore they could never
feel that security which is felt in law.
q D1dlDr COmmunitv
but, gentlemen, do not care to dwell
on this aspect of the matter. The main
thing to be considered is that this is a
crime both morally and legal y, that we