Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-08-10
TuE IuNEyprRG TRIALS.
A Criticism Of Thcm-some iNe'"'
dies Proposed.

every consideration Of reason jus'ee'
and religion. that lynehings contrary ~
| law constitute one Of the greatest olo's
r,on American civilization; nor shah
ha my proyince in this brief communica-
ton to reconsider the GROUNDS .. ".'
/ decision. NV purpose Ia 10 call the at
tention of the thinking public 10 an
otrocity Of a far blacker type, ana that
is lynchings according to law, ana
use the term advisedly.
| d, verv short time since n murder was
committed I'm Lunenburg county, ana 'nree
negroes-a man and two wOmen-"rre HI
Z dicted for the crime. tSuDs'queu'E an
other woman was indicted for the crimeD
Excitement ran 20 high after the arrest
of the accused persons. that they were
conveyed to Petersburg for safe-keeping,
ard before and during the trial at l.unen-
burg Courthouse by'a jury Of that county
two companies OF militia had 10 guard
! them from mob violence. In an atmos-
phere OF military repression, an atmos-
! phere in which impartiality and delibera-
/ ton could not exist, 50 true IL Is
| that inter arma leg silent; guarded
! by soldiers at night biyouacked
| around the tlll. conducted under mill
| tary escort TO and from the courthouse
and surrounded by troops during the trial.
these creatures, entitled TO the same
rights by virtue Of the sacred guarantees
Of the Constitution. as the wealthy, pow
! erful ana aristocratic, were put on tfIal
! for their lives motion for chahst
| of venue was made and overruled, ana
| surely. II such "A state Of facts as tla'
| then existing is compatible with ialt
! trial by an impartial jury Of the vicinaSe'
! | am prepared to believe that the Nictms
condemned during the revolutionary furirs
/ OF France by the sanity Robespierte,
/ received a fair trial. and that the judlclaI
| murders OF Lord Jeffries were according
TO law
The man was convicted Of murder In
| the first degree. one Of the women was
then put on trial and quickly convicted
OF the same offence; then Immediately loi-
| lowed the trial Of the second womap'
and by that time public sentiment was az
such fever-heat that the press dispatches
| stated that all three would be lyncned'
| were she acquitted. She. too, was CON
| demned TO die. The third woman VINO
| according 70 the theory Of the prosecu-
| ton. WIS the most guilty OF the crown
| was then tried and sentenced 10 Ten
! years in the peritentiary. She was either
guilty of murder IN the first degree or
| innocent. and this verdict WAS Of piece
with the balance of the travesty. They
| had no counsel. though the judge tried
! 10 procure them counsel. save that 4
| motion for n change Of venue was male
by counsel. and. when that was overrued
he retired from the Gaze.
RIGHT TO COUNSEL.
The right to counsel in criminal cases
| and fortiori in capital cases IS guaidn-
| teed by the Federal Constitution, ana
| in the language Of Judge Cooley. IS
| universal principle Of constitutional law.
! one of the standing and tustihable re
! proaches 10 the common law was tha'
IN ordinary felony cases. down TO the re-
cent year Of grace. 1886, the accused was
not allowed to employ counsel, save IN
der such barbarous restrictions that mo
rrgh' was denied. Who can doubt this
| horrible stain upon our Jurisprudence
after reading Charles Keade's terrific er-
| raignment of the system In his MASTER
piece. Griffith Gaunt. When Mrs. Gaunt
| rs tried for the murder OF her hUsDaHt,
! and the court, as a great concession, o'-
,,rs TO allow her counsel, explaining
10 her what her council might 49, sue.
with native dignity, refuses to suffer
an honorable man - be so Handicapped
in her defence and rIt upon unequal terms
with his adversary, the prosecuting at
fc-uev and throws herself upon her IN
nocence and her Cod IL makes but little
difference that the presiding judge and the
prosecuting attorneys In these cases
there were two Of them. may have at
tempted 70 act impartially. That these
prisoner. were condemned 20 die WITH
out counsel will be lasting disgrace 70
the State.
The recital Of the facts IN these case.
brings ne 10 the deliberate conclusion
that these convictions were lyncnlnss
| according 70 law, and the guilt or IN
nocsnce Of the accused cannot affect the
question In any way. The mob whioA
was restrained from the extremity or
violence by the presence Of three COM
caries Of militia sad In truupet-,ou-us
10 the Judge and ju:y: Try these
u,isoners at once. and right here. ana
ncovict them. and If YOU ID not take
their live. under the forms Of law, We VIII
take them by th~ violation 81 an
laws. human and Divine" Whenever
YOU invest the people with the rgft
70 demand immediate trials ana speedy
! convictions, and make ot courts anu
iurias massive instruments TO execute
heir will. then the last citadel OF consu-
| ,utional liberty has been stormed. and
Tho majesty Of he law prostituted In a
temple Of Justice nj the dictates OF MOB.
II Will no. do 10 answer that speedy
trials are necessary TO prevent lyhth-
lngs. and that such measures are de-
nauded by tho inefficient administration
Of criminal law There can be no state
| Of facts which iusuNes the ehtIF sun
scrvienoy OF court and jury to the mpb'
and vest I'm the latter that deliberaiion
and discretion which in every well regu-
lated government must reside In the
former.
LYNCH LAW.
T.ynchers are not actuated by regard
| for law. because they know that in
their numbers is perfect safety, and
that none who take part in that execrable
subversion OF law will be punished
| Could they. or any one II them, BE- once
made 10 feel the halter draw. ! am per
suaded that hens teeth and lynchings
would be OF an equal degree OF scarcity
There can be- no greater fallacy than 10
argue that respect for the law IS in
culcated by making its application con-
form 10 the popular viii. TO be pre-
served in rs integrity and purity IL muS'
know no distinction. and yield 20 no COM
mand IT'S in Itself sovereign. and
it, supremacy must be jealousy main
tanned Both IN Winchester. ami IN
some measure In Stanton, this moc@ffy
was exhibited recently. and In the fofm'r
place a negro was put on trial for
capital offence four days after II was
committed, and I'm that case during the
trial militia had TO guard him from mob
violence. believe firmly that Justice
should be swift and ineXorable, but l
am also OF the equally strong opinion
that no man should be tried for his life
when public opinion IS too strong 10 Sc
cure him a fair trial.
1t makes no earthly difference whether
he Is guilty or innocent, for II his CUNT
he the argument for such ultra-iudcal
proceedings. then the same argument can