Asheville daily citizen., 1894-12-24
THE TRUE REMHDY
FOR LYNCH LAW.
From the American Law Review of Boston an,


homi,i 'cs. In that year for homiciIes
and all other capital fences number OF
latter not eiven) there were 107 execu-
tions by process of law and 236 BY lynch
ing. Taking the reports for ten years
1888 1892 the 4 iCrage has been more
than two executed by lynchiug for one
tN'cuttH ny law. he cause oi
l. nchins is not Il spirit of lawlessness.
As rule the men who participate in ii
wish ardeLtly to enforce justice. The
truth is society fees that it must protect
itsclt. Wh,uever society has lost con-
tivrce III the promptness and certainty
q punishment by the courts, then when
ever an ot>rte Sufficiently flagrant is
I committed, society will protect itself by
lynchirg. There is the whole story.
l. is the case OF the Vigilance committees
OF San FRANCISCO over again.
/ The remedy tor lynrhing is to restore
the confidence of society in the just,
prompt and efficient trial and punish.
/ ntnt of criminals The trial OF h
capital case when the prisoner is guilty
generally is not SO much au investigation
of the truth OF the real matter at issu,
rs display OF legal skill on the part oI
counsel " hich is usually sufficient to pre-.
vent the exccuti II of the just sentence OF
the law.
Let the trial be speedy and the punish
rent, II there is "A convicti"n. be prompt
an,l certain. Remove the teChnicalities
which render so mauy trials travestl
Abolish the delays and continuance
which battle Justice and whith make pun.
shmtnt at the end OF a long chase take
on the appearance OF revenge ra thcr thar
iusti,e. DO these things aud not onl,
llnchlnss Will disappear, but the grano
auuu Il total of over 10000 capita
off nc,s viii shr ink wonderfully.
Take an ordinary trial for murder
The first step is delay. The secoud s,eI
is d,iay and then as many more delay.
as possible. The clearer The guilt Of tn'
defendant, tie more zealous his couuse
IS, of course, for all the delay he can get
Witnesses NAV die or leave the country
. or their III, moIirs OF the transaction be
come less ,XIct and the public sentiment
come, hopeless and is dullel. The rene
DIV tor tbs is to require the trial to be a
the terra at which the indictment i
| iounh. Or, II for any reason. a continu
Auce is necessary. the term of the cour
should should be adjourned, after tn
! transaction OF other business, to a da
. uained in The continuance which shall b
the earliest day practicable.
Then We come to The trial. There ever
possible advantage is given to the dt
ltld ut and evcCy possible d,sadvantag
IS imposed on the prosecution. tt
PRISONER in most OF the states is allowc
] many more challenges than this Stat,
l In North Carolina he is even allowed .
while the State has only +. The prisoI
ci guilt must be shown bcvond ret
u sonabIe doubt. Twelve jurors mus
I concur in finding him guilty. He has tn
t great advantage that erroneous ruling
OF he presiding Judge in his favor cannu
he colrec.c.i while a single crroneou
: rul,rr against HIM vitiatcs the who
o proc, eding. The sympathy OF the Jur
?. il tavor OF I. low beng in jeopardy ,
:. his lite Is easily appealed to and readll
evoked. IcchuIcaIitIes surround lh
: trial from start 10 finish and are quick
T. avuil,d Of ty shil.ul counsel, if one
e violated.
No wonder that ander these circun
stances convirt,on and punishment tor
u capitol ,ii'nrc are almost impossib
I Httrc tic prisoner OF his friends can pr,
3. lute able ccunsc! aud that society, itclin
uuIrartn at he ,stless expenditure IL
It's courts, SO oiltu executes Justice witt
c out tie sanction OF law. In vain do Il
s executive and legislative department
strive to ksscn tn, growing evil.
J.. long as the JUDICIAL department fails, {
y, is pievrntrd nom promptly and JUST
II Investigating The chargc and denouncin
c 'cn'tncr upon the Sril;y. so long will tn
irregular species OF Justice grow an
abound more aud more. (.
= the enormous Disadvantages at whiC
5 the State IS placed in such trials and Il
r num,rous t,chuicalltls of which Il
= prisoner can avail himself were inventt
hy the humanity of the courts at a tin
- when the prisoner was neither allowt
II the benefit OF COUNSEL nor to cross-exar
V. iLe the witnesses against him nor
ID have witlcSS,s $ summoned in his ow
i; behalf unless he could pay for ther
> This state OF things having long sin
IS ceased 10 oX st, the disadvantages tn,
st imposed upon the State should al.
:. cease. 1t will lie a sufficient protectic
OF the innocent to retain the requir
ment that his guilt must be snow
t beyond reasonable doubt and that q
verdict OF guilty can only be pronounc,
" by the unanimous verdict OF jury. Ii
!, s. mpathy OF the jury tor fellow beir
u on trial Tor h's life will always be strong
g than the desire to vindicate the outra,
e upon society, and such sympathy ca
" ALWAYS be readily appealed to by el
;, quent counsel. The number
" peremptory challenges should be reduc,
'r and an equal number, saw six, allow,
&c the State and the defendant. .
"A Then the State should be allowed
except to erroneous rulings of the Judi
'e as well as the defendent and to appc
!e from verdict mot guilty obtained
IS such erroneous rulings. This was fu
i, Inerly the law in North Carolina a,
" . elsewhere. 1t is, for potent reason
y necessary to return to it AZ to 4
r numerous tccncallties which are so su
$, to be evoked for the prisoner the prop
,s course is the one pointed out in the res
y luton adopted at the last meeting of t
Y State Bar Association OF Georgia, viii,
was in effect That on all appeals
criminal as well as civil cases, the a
pe!late court shall not grant new tri
Tor any error in the instructions to Il
IT Jury, or in the allowance or disallowan
10 OF challenges, or in rulings upon eviden
n or in other rulings OF the presiding judg
- unless it shall appear to the satistactit
T. OF the appellate court that such err,
y probably and reasonably affected Il
|. l. result adversely to the appealing party
III In common sense view Of things it
G. clear that there should not be a ne
's trial except in such cases.
= Legal reforms cannot avail with y,
/" the cordial support of the bar.
Let these reasonable reforms be refuse
and society will continue in flagral
cases to dispense with judges, juri
=, and LAWYERS III indicating ils right [
- protection against murdertrs aud tho
G. who commit rape. The purpose in han
10 ing n man is not to reform him but
10 deter Others. To have that effect Il
IT punishment must he prompt and ccrta
le whcn"Ncr quilt is clear bevond all re
lt sonahle doubt. This principle which
ID 20 often ignured bv the courts is the o,
which ins,nct,vely actuates lynchir
mJbs. The priv cipIeis in itself right az
- l.,