The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-01-16
HOW TO PREVENT LyNoHING

Il
themselves. Many papers attribute the
| failurc of Justice to the delay in the trial
! IF capses. and Governor Russell, in his
| inaugural address, took that view. Delay
| is certainly one cause, but not the only
enc. There are two other reasons even
more potent, which causes, as the Atlanta
Constitution says: criminal to feel
more safe after he Is arrested than when
he is mt large" A trial, however speedy
is no good il the State can not get a fair
trial and under our present statutes 1t
can not. In the first place the prisoner
is still allowed twenty three challenges
without assigning cause and the State
only four. 1t results from this that the
prisoner having twenty~threc challenges
without cause. in addition to the unlimi-
ted number for cause, not only is the
trial greatly lengethened at a great in
crease of expense, but the prisoner can
run for some man on the venire who
he knows, will stand by him, regardless
OF evidence and law, since one juror will
prevent verdict This great disparity
in the number OF challenges began in the
humanity of the judges at time when
the law did not permit the prisoner to
have the benefit of counsel, nor to cross
examine the witnesses for the prosecu-
ton, nor to have process to compel the
attendance of his own witnesses, nor to
testify in his own behalf. Now that all
these things have been changed, there
should be no disparity in the number
of challenges, but both the State and
prisoner should be allowed an equal num-
Der of peremptory challenges-say six
Tor ten) each--as has been enacted in
most of the other States. This will stop
the packing Of juries in behalf OF the
prisoner and make it possible for the
State to have a fair trial. The prisoner
will still have these enormous advantages
that all twelve Of the jurors must concur
to find him guilty, one being sufficient to
prevent it, he must be found guilty beyond
reasonable doubt and he can appeal
from any error Of law made by the judge
against him land one single error secures
him new triaD, while the State can not
appeal, no matter how erroneous the
rulings Of the judge in favor of the
prisoner--a consideration which causes
many judges always TO lean in favor Of
the defendant
Two Attorney Generals and the late
Governor Fowle ian excellent lawyer
have also recommended the Legislature
all objections to- bill of indictment shall
be made by defendant before the jury
is empanelled or the objection is waived.
This would prevent the shameful spccta-
Gle Of long and expensive trials, and a
conviction upon the merits, and then the
whole set aside upon some .unimportant
technically which the defendant should
have urged before trial begun.
When these matters OF disparity of
challenges and the reservation of techni-
cal objections, are cured, as well as the
delays spoken Of by Governor Russell,
lynchings will disappear. AS he well
said: you must first remove the cause
and motive for lynchings." That lynch
ings, and their cause, has not diminished
may be seen from the following data: In
report made to Congress last session,
it was shown that in the nine years,
.la~ haA
been committed in the United States,
steadily increasing from $500, in 1885,
to II 900 in 1894. or those committing
these 41,0O0 homicides, it further ap-
peared that 900, or about "a per cent,
had been executed by law, 1900, or not
far from twice as many, had been execu
ted by lynchings, and the other $4,000
fabout 93 out of every 100 had either
escaped punishment altogether or been
punished for q lesser offense than muir
der These figures make us ask, is this
land of law? In North Carolina, for
several years we had, by the Attorney
Generals report, on an average two
ynehings TO every legal execution. Last
year, we believe, there were two lynch
ings and no legal execution.
The above remedies have again and
again been pointed out by eminent judges
and lawyers, and recommended by Attor-
ney-Generals and Governors. Unfortu-
nately some lawyers who come TO the Gen
era Assembly, being in the habit of APP
pearing for criminals, too often oppose
these needed reforms which are requisite
to give the State some showing of fair
trial, and other lawyers and members are
indifferent. Till this is done, the cause
and motive of Iynching" will remain and
we fear criminals will continue to be
swung up by masked men with loss Of
the considerable fees they would other
wise pay to~lawyers.
We have heretofore failed to note that