Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
JACKSON GUY, ESQ.
Speedy Trials for Assailants of Women
the Chief Thing Needed.

To the Editor of the Dispatch:
1t is my opinion that the recognized in
adequacy of our courts OF law to prop
erly deal with a party charged with the
commission of rape is the foundation of
the lawlessness so prevalent In the coun-
try. | separate that crime from all others
by a wide margin. In cases of other
crimes there may Justly be complaint as
TO the sufIlciency of our courts to properly
punish criminals. / do not believe they
fulfil the expectations of the people in
Furnishing promptly. surely, and sufficient
ly. But in those cases | believe a heavy
responsibility rests upon the judge and
the other officers Of the courts, and that
a faithful performance of their duties,
rather than great changes In the law, Is
what IL needed. / am not prepared to
say. however. that even here revision
should not take place. One thing strikes
me as stupid-in this age of the newspaper
TO exclude from service on the jury any
man who has formed or expressed an
opinion because he has heard read
any part OF the evidence. That is simply
a premium on ignorance. and It's tendency
is sometimes 10 ge& jury below then
intellectual rank Of the accused. And In
this connection, allow me to say that
l think the laws eXempting from jury
duty persons who join volunteer militia
companies and such things vicious be-
cause / think the courts are entitled TO
have the very best of juries that can
be gotten. especially in criminal cases.
THE YEGROs CRIME.
In the case specifically mentioned by
me. the situation may be assumed to be
this: The crime OF the rape of white
girl by a negro man Is of frequent &C.
currence where negro population
abounds. and that is in the southern
States. It Is avenged in almost every in
stance where the perpetrator is appre-
hended by the friends of the victim and
by process known as lynchlng. Public
lists abroad, whatever those in our midst
may opine, condemn the method as bar
barous: and In candor. we must admit
that our section is made to suffer at the
bar of the enlightened public opinion OF
the world. Is there no cure, no relief?
Ny postuate Is that our system of judi
cature Is entirely inadequate to meet the
demands OF the case. 1t Is a misfit. The
machinery is cumbrous When IL moves
It runs too slow. If lyncher were put
on his voir dire, his answer would he:
II must punish the scoundrel because
society much more my family, would rot
be safe in future. / can't rely on the
courts because of the delay in bringing
the party to trial; the cruel exposure OF
my protege in being compelled to mar
rate in the presence Of a mixed, curious,
and crowded assembly the revolving Cir
cumstances of the crime, and lastly, be-
cause of the uncertainty then that he will
be punished"
Admit the crime and nobody will dis
pute the business of administering capt.
tai punishment. 1t is severe, but II Is
proper. Can a plan be devised which
will satisfy the sentiment as uttered
above? Yes. II our society Is not unen-
lightened, but only sluggish. Then,
MY PLAN.
The crime is committed. Let 1t be COM
petent to arrest the suspect without war
rant. Let the victim or her protector
lodge complaint with the County Judge.
Clerk. or Sheriff, according to convenience.
Let II be the duty of that functionary
to have a jury OF triers summoned at
once. the Judge of the court informed,
the charge drawn UP by the attorney for
the Commonwealth, either at the court
house. or the home of the victim, the
Judge to open his court forthwith, and to
remain In continuous session (aking only
reasonable recess) until the prisoner is
tried, and. at the trial during the giving
In Of the testimony by the victim, let
the general public be excluded. IL the
prisoner Is found guilty, let MIN be forth
with executed, or conveyed to the peni-
tertiary, should that be the sentence; or,
IL acquitted. let him be discharged.
This plan will dispense with % the
formal complaint on oath before the issue
of a warrant to arrest; (9 the issue of
a warrant to arrest. G) tho previous ex-
animation before a justice, "a grand
Jury and an indictment, 90 the keeping
of the prisoner on hand after verdict
of guilty and sentence, and 30 any APP
peal. 1t win ensure % speed, CD a fair
trial, because the crime Is to be proven
TO the satisfaction OF the jury OF twelve
and OF the presiding Judge; 90 as much
tenderness for the feelings OF the outraged
tenderness for the feelings Of the outraged
victim as legal methods can afford.
THE CONSTITUTION.
The plan, moreover, Is consistent with
the Constitution, which provides:
That In all capital or criminal prose-
cutions n man hath a right to demand
the cause and nature OF his accusation;
to be confronted with the accusers and
witnesses; to call for evidence In his favor.
and to a speedy trial by an impartial
fury Of his vicinage. without whose unoni-
nous consent he cannot be found guilty:
nor can he be compelled to give evidence
against himself; that no man be deprived
Of his liberty except by the law Of the
land or the judgment of his peers"
And It Is. therefore. entirely within tho
compass OF the Legislature to enact
II this were done, then mob violence
In every case should be discountenanced.
and the severest punishments and penal
ties prescribed to put . stop to It. But,
In my humble Judgment. until that or
some such remedy Is provided for the
crime mentioned, lynching will continue.
and 1t will continue here and throughout
the South In undated violence.
Yours truly, JACKSON GUY.