The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-01-08
THE TRUE REMEDY FOR LYNCH
LAW,

In the u nlted States by the State
official reports for 1892, the last which
have been compiled, there were 6, 791
homicides. In that year for homicides
and all otherAcapital offences (number
of latter not given) there were 1O7 ex
ecutions by process of law and 237 by
lynching. Taking the reports for ten
years 1883-1892 the average has been
more than two executions by lynching
for one executed by law. The
cause of lynching is not a spirit of
lawlessnese. AS rule the men who
participate in it wish ardently to en-
force justice. The truth is society feels
that it must protect itself. Whenever
society has lost confidence in the
promptness and certainty of punish
ments by the courts, then whenever an
offence sufficiently fagrant is com
mitted, society will protect itself by
lynching. There is the whole story.
1t is the case of the Vigilance commit
tee of San Francisco over again.
THE REMEDY
for lynching is to restore the confidence
of society in the just, prompt and eff
cient trial and punishmento of criminals
The trial of a capital case
when the prisoner is guilty, generally
is not so much an investigation of the
truth of the real matter at issue as a
display of legal skill on the part of
counsel which is usually sufficient to
prevent the execution of the just sen
tence of the law.
L9t the trial be speedy and the pun
ishment, if there is a conviction, be
prompt and certain. Remove the tech
nicalities which render so many trials
a travesty. Abolish the delays and
continuances which battle Justice and
which make punishment at the end of
a long chase take on the appearance of
revenge rather than justice. Do these
things and rot only lynching will dis
appear, but the grand annual total of
over 10, 900 capital offences will shrink
wonderfully.
Take an ordinary trial for murder.
The first step is delay. The second
step is delay, and then as many more
delays as possible. The clearer the
guilt of the defendant, the more zeal
GUS his counsel is, of course, for all the
delay he can get. Witnesses may die
or leave the country, or their memories
of the transaction become less exact
and the public sentiment in favor of
the execution of the law becomes hope
this is to require the trial to be at the
term at which the Indictment is found
Or, if for any reason. continuance is
necessary, the term of the court should
be adjudged, after the transaction of
other business, to day named in the
continuance which shall be the earliest
day practicable.
Then we come to the trial. There
EVERY POSSIBLE ADVANTAGE
is given to the defendant and every
possible disadvantage is imposed on
the prosecution. The prisoner in most
of the States is allowed many more
challenges than this State. In North
Carolina he is even allowed % while
the State has only 4. The prisoners
guilt must be shown beyond reasonable
doubt. Twelve jurors must concur in
finding him guilty. He has the great
advantage that erroneous rulings OF
the presiding judge in his favor, can.
not be corrected; while a single erro
neous ruling against him viEiates the
whole proceeding. The sympathy oi
the jury in favor of q fellow being in
jeopardy of his life is easily appealed
to and readily evoked Technicalities
surround the trial from start to finish
, and are quickly availed of by skilled
counsel, is one that is violated.
No wonder that under these circum
stances conviction and punishment fol
| a capital offence are
ALMOST IMPOSSIBLE
where the prisoner or his friends Car
procure able counsel and that society
. feeling outraged at the useless expendi
ture for its courts, so often executes
justice without the sanction of the
law. In vain do the executive and
legislative departments strive to lessen
the growing evil AS long as the judi.
cial department. fails, or is prevented
from promptly and justly investigating
the charges and denouncing sentence
upon the guilty, so long will this irreg
ular species L justice grow and abound
more and more.
Theenormous disadvantages (which
the State ia Dlaced In such trials and