The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-02
VIEWS OF THE GOVERNOR.
Surprised at the Release of Hughes
Conviction Impossible.

When Attorney General Ketcham reached
Dillsboro yesterday morning he telegraphed
the result of the preliminary hearing brief
ly to Governor Mount. The Governor was
much surprised, as the information he had
received had led him to believe the defend
ant, Hughes, would be sent to the grand
jury. He said that the investigation would
not be dropped. Until after a conference
with the attorney general he could not tell
what steps would be taken hereafter Mr..
KetchaE arrived from Ripley county and
wenG to his Office at once to get the run of
work that had been laid aside since he went
away Sunday of last week. Mr.. Ketcham
said that there would be nothing to mako
public until he had seen the Governor. The
latter was indisposed and went home early
yesterday hence had not seen Mr.. Ketcham
when he was called up by telephone last
night at his residence in Woodruff Place.
The Governor is not apt to be disap-
pointed with the final outcome of the prose-
cution even if nobody is punished. He does
not hope for final conviction, but thinks
that the general discussion of the subject
will put an end to lynching in Indiana, at
least for a number of years, and will bring
about legislation that will probably put a
quietus upon whitecapping as we'll as lynch
ing:
| Il think" said he yesterday, 'that had
Hughes been bound over to court 1t is not
likely Jnat an indictment would nave Deel1
found The two previous grand jurieS have
contained either members of the lynchlng
party their relatives and it is probable
that the next will be packed in the same
way. For good and sufficient reasons the
Constitution declares that indictment
must be found in the county where the
| crime was committed and the state, in
prosecuting a criminal case cannot demand
| q change of venue. Therefore, under our
system of criminal Jurisprudence it is next
| to impossible to obtain a conviction where
| there is a powerful element in the commu-
nifty opposed to it. 1t must be a matter OF
educating the public conscience and / am
| inclined to believe that the very general
discussion of the subject has put an end to
the possibility of lynching in Ripley county
| Gaping was popular in certain counties in
| the State the state executive met with pre-
ciSely the same difficulty in the effort TO
obtain indictments in those counties. think
| the next Legislature should enact law
| holding the county responsible in the sum
of from $500 to $4,000, or from 1000 to $20,-
| 600 to the relatives of the person lynched,
| or to the person himself outraged by White
Caps 1t has usually been found that the
| men engaged in these things We're men OF
property. If their county were held reSpon-
| sible in very heavy sense for the lynching
or the whitecapping outrage, they would
| lessness. This being a civil suit for dam
| ages a change of venue could be demanded
| and the aggrieved party could obtain
| jury of disinterested persons.
| 1t is probable that in his message to the
next Legislature the Governor Will deal
somewhat at length with this problem and
recommend the passage of such a law.