The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-01


lynched simply to suppress his evidence:
in Kentucky because he was Objectionable
| to the neighborhood and In indiana five
State, In the last three years, seven men
| have been lynched for murder and one man
and one woman because they were suspect
ed of arson.
WHEN CHARGE is RAPE.
Even had it been confined to offenses
committed upon females. it could not be
| justified To adopt it in these cases is to
| put the life of every man in the power of
| any woman who might, for any reason, de-
sire his death When such crimes are
charged the passion of the people is more
deeply stirred than by any other, and the
mob is quick to act Yet viewed from the
standpoint of reason, and not of passion,
there is less excuse for lynching in such
cases than in any other. Delay cannot be
given reason, nor a fear that justice
lumbus the men were taken out of the
courtroom during the trial and lynched.
In most cases they are taken from the
know that the court will convene and give
a speedy trial. For this orfense, above all
others. the courts are quick to try, and. If
guilty. the juries certain to convict. 1t is
not, then, that they fear delay or the ac-
quittal of the guilty but it is a defiance of
law 1t Is a desire to substitute passion for
evidence and vengeance for justice.
There being no excuse to be found Tor
fear of either delay or failure of justice
but one reason is left, and that is the oD-
lection to the outraged victim having to
go into court and relate the horrible story.
That this is a terrible ordeal, every one
must concede, but human life must be
valued even above the trial. She should
undergo this trial. not as sacrifice to the
which centuries of experience have demon
strated to be absolutely essential for the
protection of che innocent. The truth can
not be had save by having both sides
heard before an impartial tribunal.
ITO remove this objection, however, our
law provides that on such occasions the
Judge may order the courtroom cleared of
all save the jurors and lawyers engaged
in the case on trial. There is, the efore
lynching even in this class of cases
when the defendant is charged with the
most dastardly and horrible OF crimes: mo No
man doubts in these cases that the law Will
punish the guilty and II he did he could
rot find remedy by making a murderer OF
himself. The remarkable fact exists that
in a majority of instances the party
lynched is taken from the custody of Of
ficers. can understand now a near rela-
tive of the victim of the lust of q human
brute who sees before him the man whom
he believes has committed the outrage, and
in the heat of passion Stays him, can en-
list the interest and sympathy Of a COM
mUnity; but how any one can fail to con-
denim those who are guilty Of the cowardly
act of taking from the officers of the law
man who is dsarmed and helpless, and
hanging him Without trial, surpasses my
comprehension.
seek places where the law is supreme and
the frequent occurrences of lynching Will
advertise ours a lawless State and as
half-civilized people. 1t sacrifices the inno-
cent, brings law into disTepute, creates law
lessness, inpedes material growth, and in
the eyes of all the world lowers the stand
ard of our civilization and degradeS the
character of our people.
LYNCHING BREEDS CRIME.
1.-THE barbarous practice does not de-
crease but increases crime. Having stained
their hands in blood it's perpetrators
are more easily led to again violate the
law. Recently a man tried on the charge OF
murder and convicted of shooting citizen
through the window, as he sat by his own
hearthstone at night, confessed also that
he it was who tied the rope around@the
necks of the two men who were lynched
in Columbus in 1896. condemn it and will
not apologize for such lawlessness. To
exterminate the practice it must be made
odious and dangerous. The penalty should
be the scorn of the people and the PUNISH
ment of the law.
There is no room for debate upon this
question. If there is there is none for Dem
There is but position the members OF
that party can take. In the campaign In
which the members OF thIs 1enTsdt nartv
went TO the people upon platform, adopted
by the state convention, IN which this dec
"a Resolved f3es That we deplore and de-
nounce lynchings and favor the enactment
Of such laws as will efrectualy prevent the
Il now ask the men who were elected
upon this platform to enact into law pro-
visions which will in good faith meet the
requirements Of this declaration. do not
believe that you will daily with TINS cues
ton or pass laws which will be inetect-
ual. The Democratic party owes II 10 the
people 10 live up to the pledges which 1t
made to induce them TO tntrust 1t with
power. or to come boldly to the front and
,1,,oir fLok x4yi1lf dnlihRTat
ceVed to secure votes, and is unworthy the
confidence of the people. Your action IS to
ton can be truthfully uttered. To be hon
est is as much the duty OF political party
as an individual.
role and severe. In murder cases the COM
plant is that the cases can be too easily
continued and justice unnecessarily de-
trials. but Of prompt ones No one should
be rushed into a trial involving his life,
when passion in the county where the trial
is to be had is at white heat and fair
trial impossible.
THE law should in all cases permit the
court, on motion of the defendant, or on
its own motion, or on motion of the State
attorney, to change the venue to any coun-
ty in the State. In determining whether
not 10 order a change of venue the judge
should be authorized to exercise a very
broad discretion and act upon all knowl-
the question. If, in his opinion, a change
of venue is necessary to secure a fair and
impartial jury he SnOulQ Ofuer the cnanSe,
and this decision should not be reviewed
by the Supreme Court. The authority of
the circuit judge in such cases should be
made plain and ample. and all doubt re-
moved as to power of the Supreme Court to
review his decision. This change in our
law l believe the first step necessary to Sc
cure, in all cases, prompt and fair trials.
GRANTING OF CONTINGENCIES.
'In some instances it is difficult to secure
a trial on account of the laws regulating
the granting of continuances. This can be
remedied by leaving to the trial judge the
sole power to pass upon motions to con-
tinue. denying to the Supreme Court the
power to grant a new trial on account of
alleged error in so doing. The circuit judge,
who knows the parties the case and it's his
tory, and has the witnesses on the ques-
ton before him, can better determine
whether the motion is made for delay only
and whether fair trial and just verdict
can be had without further delay than the
Supreme Court.
Every practitioner knows that the right
of continuance is the most abused of all
rights granted by the law in court proce-
dure and in my opinion the circuit judge
will correct the abuse if empowered to do
so The law which gives the defendant
r,fo tSfrftxaC' bap he ctof