Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-10-22
WILLIAM M. FLANAGAN, ESQ.
Tho Laws Delays Versus Murderous
Mobs-Critics Criticized.

| Mr. William NJ. Flanagan, OF Powha-
| tan, has been the Commonwealth's attor-
ney OF that county for fourteen years
| A Dispatch reporter met him yesterday
and. in view of his experience, asked MS
opinion of the foundation for the belief
that there is great hardness In enforcing
our criminal laws.
| Mr.. Flanagan replied, In substance:
II don't know that my opinion Is worth
| recording, but an extensive experience
| with criminal prosecutions mas hecessl-
! tated on my part vigorous study OF our
system of criminal procedure. nave
! sought and read all of the recent criti-
| cisms of the press on this line that are
within my reach prompted, as presume
| by recent lynchlngs). among the rest 'he
article of DR. j. j. Lafferty In the Kich-
mond Christian Advocate. Taking 1t as
a sample. | give 1t as my humble opinion
that the complaint is unfounded and Ill
advised.
JESSE MITCHELL.
CDR. Lafferty refers to the Jesse Mitchell
case recently decided by the Supreme
Court of Appeals, and. while That court
needs no defence at my hands, the Doctor
has committed a serious blunder, as L
humbly conceive, in that he assails the
Judgment of that court and. In doing so,
unfortunately garbles the statement oil
the case.
1T is true tina. then the court sustained
an exception to the sheriffs return. as he
saws. upon ground that he deems tech
meal but in his criticism Of the case the
Doctor fails to state the important fact
that there was nothing In 1t TO show that
the prisoner had demanded TO be tried III
the Circuit Court and the essential OF
jurisdiction or power to try was there
fore wanting in the Circuit Court. NO
thinking man would complain or that
ruling Jurisdiction is a fundamental re-
quirement, and without it the case Is as
though a private citizen passed sentence.
There are many impetuous critics who
seem to forget that the forms and pro-
ceedings prescribed for a criminal trial
are intended TO accomplish among others.
two purposes: First. fair and impartial
trial to the worst criminals; and second,
to guarantee the surest protection TO the
innocent, II charged with crime A sys-
TEN that denied either would be worse
than vicious. and, in my judgment, the
safeguards that have been thrown around
a criminal trial are sufficiently limited.
and there is not one of them that should
be removed.
CRITICS COMPLAINTS.
zone fact is noticeable as to these COM
plants. They are generally based upon
delays of convictions, and the critics are
quiet when an innocent man, after long
and tedious wrangle with the Common
wealth, is finally discharged. i had case
OF the latter sort. My client was twice
convicted. Twenty-four men had solemnly
pronounced him guilty. He was sentenced
TO be hung. Three judges agreed with
these jurors. A third jury acquitted him
in ten minutes after the case was sub
mitted to them. The judge who last tried
him declares him an innocent man, as
believe he was A demand for speedy
execution would have been natural at the
end Of the second trial there, and If the
precautions and remedies which the law
prescribes could have been set aside he
would have suffered at once. These avail
ed him, and he is living to-day, as he
should be- This is hardship Of a different
kind, but still a hardship.
THE AMELIA CASE.
1.-THE fact that negro was twice con-
victed In Amelia and was not hung until
gang of murderers did It, and that an
other was hung and burned up at Roanoke.
and the investigation which the law has
Justly guaranteed prevented. Is no ground
for change or revolution In our criminal
court procedure and practice. Observa-
ton has taught me that 1t Is time enough
TO demand punishment when IL is meted
out by the law and according to law
We are not to amend just laws simply
because bloodthirsty mobs become i'm
patient and override the law
1.-THE change that 1 would suggest is
more rigid laws against mob violence, and
manly and fearless execution OF such
laws, thereby enforcing unqualified obedl-
ence to and teaching respect for the law
MOB LAW.
MANY comments upon the mobs that
refuse to submit to what Is called the
laws delays and that disregard lawful
| results Of legal trials are doubtless made
in good faith ard for the laudable pur-
pose of condemnation. Sifted down and
| read between the lines many OF them are
nothing more nor less than pleas OF justi-
fication. These are truly 'hot-beds' OF
riots. Such writings are intended more to
defend lawlessness and excuse violence
than to reform or improve the laws. $50
long as the laws are administered by
human instrumentalities innocent men
will be sometimes punished and the guilty
will sometimes go free.
THAT there are defects in the laws OF
greater or less magnitude. all admit. So
with all human institutions. They will
never be perfect, nor are they radically
wrong. Let them remain substantially as
they are. Enforce them rigidly and you
meet every present necessity