Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-10-12
Foreman johnson of the Grand Jury
Talks of It,
REASONS FOR THE RECOMMENDATIONS
Crimes Which the Jury Thought
Might Be Prevented.
VIEWS IN OPPOSITION

Inc starting Recommendation OF the .laSt
grand jury that a whipping post be estab-
| lished in the District for the punishment Of
| culprits convicted in the Police Court OF
certain minor offenses against the law, still
serves as topic for Interesting and heated
discussions among the ministers, legal fra
| ternity and citizens generally. Naturally,
| there has been much criticism of the grand
\ jury for making this recommendation for
| the establishment in this, the nations capt.
| tai, of what Is styled IAN implement of bar
| barism." Mr.. Joseph c. Johnson, the we'll
known architect, who was foreman Of the
jury, was seen by Star reporter this MORN
| ing and asked what caused the members of
| the jury to advocate the revlving of The
whipping post Mr.. Johnson at first hesi-
| tated to talk, and as an excuse for not talk
| ing, said that he was not seeking the title
of "Whipp1ng-post Johnson" which some OF
| his friends had bestowed upon him.
I was not the author of the recommended
t1on, he said, land had no part in its adop-
ton until 1t was voted upon. voted to in
clude the suggestion in our final report, and
as foreman, brought the matter to the at
tenton of the court"
What caused the subject to be brought to
the attention of the jury?' ~
The pressing necessity OF some other
mode of punishment for minor offenses than
mat . now in vogue, was emphasized at al
most every session we held Second-of-
tense petty-larceny cases were before us
caily where the amount involved was less
than one dollar. remember one case
yet the cost to the government for the prose-
cution of this case was at the lowest calcu-
| lation over one hundred dollars.
Tie culprits would plead guilty in the
Poilce Court, and, in many cases render
material assistance to the officers in MAX
ing out case. They seemed to be anx-
fous to be convieted and sent to JAIL where
they would be fed and sheltered during the
her nd ho nd ~
there were exceptions but refer to the ma
| 1ority of cases. Instead of dreading Jail
sentence or considering 1t as a punish
lheht they would apparently commit a
crime Tor no other reason than to make
the government support them. The Jail is
a better bone than many of the prisoners
have when free, SO six months imprison-
ment had no particular horrors for them
Just as much time was taken Ip in con-
sldsrApg these minor cases as in more i'm
portant ones, and when the cost to the
government was considered we deemed 1t
advisable to agitate the question of a diff
1efent mode OF punishment for this class
OF criminals. and the adoption of the whip
ping post would certainly result in taking
away the many cases where the crime is
committed in order to be gent to fail and
this alone would save the government hum
dreds of dollars"
why were 'wfe-beaters' included in the
report as suitable subjects for the post?"
THE mention of wife-beating as a crime
to be punished by the lash was an after
thought. and was not brought UP until
after we had decided to recommend the
post When 1t was suggested, We included
1t among the other offenses, as we. con-
sidered the lash an appropriate punish
ment for this cowardly crime
What is your personal opinion of the
crime?'
Personally. I am in favor of the best
node of punishment for these offenders
that can be suggested. 1 am convinced
hot -l,o
not think OF any method which would be
more effectual in putting stop to the
crimes, and having more beneficial effect
on the community, than the adoption Of
the whipping post have seen Instances
where the lash was used with great effect
l RECALL one case in particular of a. man
who was publicly whipped for petty lar
ceny at Parkersburg, w Va and he was
considered more disgraced by the COM
munlty than ii ten-year sentence had
/ been imposed upon him. His former friends
IAN belonging to the same class would
have nothing to do with him, and he soon
left the place. The effect on the COM
mInity was good, and deferred other Grim
mas from suojecting themselves to the
public disgrace, as well as physical pain
A few Sundays ago colored preacher at
the corner of 7th and the avenue made a
statement that expresses the matter very
clearly: He said IN passing the byways
and alleys he often heard such expressions
as this, III take six months for you,' or
III take sixty days for YOU II the pun
ishment was the lash it would be very sell
dom that III take nine and sixty lashes
for you would be heard"
What do you think of the criticisms
that your recommendation has brought
forth:'
II have read the interesting interviews in
The Star, but paid no attention to anony-
NOUS communications. l would suggest
that those who SO openly criticise the
grand jury for their recommendation should
offer some way of obliterating the present
condition of affairs"
Why He Opposes 1t.
Lawyer w. C. Martin, whose views on
the question establishing a whipping post
here were printed in The Star few days
ago, is still opposed to the establishment Of
this mode of punishment, and cites his ex-
perience in Virginia when such a law was
in operation. This law in Virginia, he saws
was enacted in 1873, and was in effect three
years. In 1881, when the readjuster legisla-
ture was elected. the law was repealed
Under this lew, he said. all persons who
were whipped were disfranchised, and dur
ing the three years, he thinks, about 10 900
voters, most of them colored, lost their
right Of citizenship.
The law, he says, was enacted in clear
violation of the 10th clause of article 1 of
the state constitution, which gives, in all
criminal prosecutions, the right of trial by
jury Members Of the legislature. appa-
rently oblivious of this fact voted for the
bill and it became law Under this law
a Justice Of the peace was given jurisdic-
ton IN cases of larceny and other ofTenses
the penalty for which was many stripes
not exceeding thirty-nine, as the justice
might determine.
1t was an open secret, says Lawyer Mar
tin, thRt the law was enacted to crush out
the republican party, or, AT least most OF
the colored vote, and this attempt was not
made in vain, for in the three years the
number already stated were disfranchised
Under this law many frivolous cases were
brought. Many a man was deprived of his
right to vote because he had picked up an
apple in an orchard or had been seen in a
neighbours persimmon tree.
What Mr.. Martin terms twin brother
to this law was the law providing for the
payment of the capitation tax of 81. 1t was
thought, he said, that this would have the
effect of preventing all the poor colored
people from voting, Tut in this they were
mistaken, for the treasurer's returns show
ed that more whites than colored failed to
pay the tax.
How 1t Reacted. =.
All went well, said Mr.. Martin, so long as
the stripes were made on the colored peo-
pie, and on the backs of what was con-
sidered poor white trash," but when two
or three white women were dashed a wall
went up from Pittsylvania to Loudoun,> and
from Abingdon to Norfolk. Their appeal
cd 70 no nd l,xy