The Brunswick times. [volume] (Brunswick, Ga.) 188?-1900, 1897-10-28

sion slays him, can enlist the interest ana
| sympathy of community; but now any
! one can fail to condemn those who are
| guilty of the cowardly act of taking from
| the officers of the law man VINO Is uis-
armed and helpless and hanging him WITH
out trial, Surpasses my comprehensloh'
EFFECT OF LYNCHNG.
| Both capital and worthy immigrants
seek places where law is supreme ana Che
| frequent occurrences of lynchlng Will al
| yertise ours as Il lawless state and as
half civilized people.
1t sacrifices the innocent, brings law
| into disrepute, creates lawlessness, I'M.
pedes material growth, and In the eyes OF
| all the world lowers the standard OF our
| civilization and degradeS the character OF
our people
This barbarous practice does not de-
crease but increases crime Having
stained their hands in blood, its perpetra-
tors are more easily led to again violate
| 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. con
| denim it, and will not apologize for such
| lawlessness. To eXtermlnate the practice
it must be made odious and dangerous
The penalty should be the scorn of the
people and the punishment OF the law.
DUTY OF DEMOCRATS.
There is no room for debate upon this
question. If there is, there is none for
| Democrats. With them the question
! is settled. There is but one position
the members of that party can take.
| In the campaign in which the members
of this general assembly were elected, the
Democratic party went to the people upon
platform adopted by the state conven-
ton, in which this declaration is found,
towit:
Resolved, That we deplore and de-
nounce lynchings, and favor the enact
ment of laws as will eFectually prevent
| the same"
l 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 this ques-
ton, or pass laws which will be inef-
| fectual Let the remedy which you apply
be heroic and severe.
THE REMEDY.
In murder cases the complaint Is that
| the cases can be too easily continued and
| justice unnecessarily delayed. | am not
an advocate of hasty trials, but OF prompt
| ones. No one should be rushed into a
Cfldl nNolNlnB MS ire, Wnen passion III
| the county where trial is to be had Is at
fever 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 state at
torney, to change the venue to any county
| in the state In determining whether or
not to order change of venue, the judge
| should be authorized to exercise a very
broad discretion. and act upon all knowl-
edge that he might possess bearing upon
the question. If, in his opinion. a change
of venue is necessary to secure fair and
impartial jury, he should order the
change, and this decision should not be
reviewed by the supreme court. The au-
| Ghority of the circuit judge in such cases
should be made plain and ample, and all
doubt removed as to power of the SUI
preme court to review his decision.
This change in our law. l believe, the
| first step necessary to secure, in all cases,
prompt and fair trials.
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 continue, denying to the SUI
| preme court the power to grant q new
trial on account of alleged error in SO
doing. The circuit judge who knows the
| parties, the case and its history and has
the witnesses on the question 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 pro-
cedure, aud in my opinion the circuit
| judge will correct the abuse if empowered
| to do so.
The law which gives the defendant more
peremptory strikes than the state,
| should be so amended as to give each
| party the same number. Under the exist
| ing law power is given the defendant to
| object without cause to so many jurors
that he can, in many cases, pack jury in
| his own interest.
l have heretofore recommended to the
! general assembly and again urge upon
| you, that the law be 50 amended as to
| punish assault with intent to rape with
| death, unles the punishment be reduced
upon the recommendation of the jury try
| ing the case. just as it may be done now
/ when the charge is rape.
1t has been insisted by some that the
way to stop ynchngs is to provide for the
prompt punishment of all who commit the
| crimes which provoke it.
Neither the laws delay nor the failure
| of Justice can be given as an excuse for
| lynchings in rape cases.
| Ill OealilH Win Gn6 OIIeDSo OF rape III orr
courts, there has been for the guilty no
delay and no escape. Courts are promptly
called, trials had, and justice quickly adj
ministered. In such cases the men whose
names are in the jury boxes in Georgia can
be relied upon to convict
| The evil will exist for long time. if not
disturbed, until public opinion is educated
| to the point where the condemnation is
sufficiently intense and unanimous to
| make it impossible.
| 1t is therefore necessary that without
waiting for this slow process, the majority
representing law, order. justice and civili-
zation pass such legislation as will repress
the lawless element and secure the reign
of law. The certainty OF prompt trials
alone will not end lynchings. The DELAYS
of the law Is a favorite excuse, but is not
the real reason for it's existence. Other
legislation is needed to aid in checking it,
| The arresting officer is now clothed with
authority to take the life of the assailants
when resisting their efforts to take a pris-
oner from his custody, and it is his duty
to take life If necessary to protect the
| prisoner and retain him in custody. This
he should be required to do at the hazard
| of his own life, or the prisoner should he
unshackled, armed and given an oppor-
tunity to defend himself
That 1t may be ascertained whether or
not the officer having the prisoner in Gus
tody does his full duty in every instance
| recommend the passage of law reuuir,
i ing a thorough investigation in every case
i and providing adequate punishment when