The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-08-03
CRIME AND IT'S PUNISHMENT.

In discussing the questions Of crime and
the enforcement of the law the Augusta
(Ga) Herald sends the following letter to
the Atlanta Constitution and seeks to Sc
cure the Constitutions aid in arousing
public attention to the necessity for stop
ping the wave of crime" that is sweep
ing over Georgia. The Augusta Herald S
lette. is as follows;
Augusta, Ga. July 2S 9.-Dear Sir: We
are sending you copy of sundays Herald in
which we print an editorial on crime and
punishment II brings out the startling FIG
ures that in fifteen years in Richmond county
there have been 1876 indictments for assault
with intent to murder, and Sc homicldes COM
mitted--a total of 49, attempts, successful
and otherwise--to take human life. out Of
SO who took human life. only 4 paid
the death penalty. aud they were negroes; .
sentenced to life imprisonment from one
20 twenty years, making total OF ~ who
were punished and SO who went free. OF
1856 assaults with intent to murder, 5S es-
capped punishment and Is got off with
light fine, ranging from $40 to $3.50, or a
| short term from four months to eight years
We do not believe these figures are peculiar
to this county We think that an investE
cation of your records will show simlhr ~
suit; but we do believe that every new$paper,
in the State should stand ON the side df law
and order and insist on the courts melting
out adequate punishment for homicdal crime
! DO You not think the subject. In view OF the
wave OF lawlessness that seems to be sweep
ing over the country and threatens TO wreck
our social and political institutions. one that
calls for attention? Please send us "A marked
copy of your views. should you take up tho
The Augusta Herald.
The Constitution replies at length to
this letter. admitting the seriousness OF
the subject matter and continues:
1t is stated that during the period mentioned
! fiity-six human beings lost their livos in
/ Richmond county. That means that the
blood. and 1t necessarily follows that the
< greater number must have been guilty of
murder Yet the record shows that out OF
the hfty-six men who atood before the public
reaped the final conviction. and they were
unfortunate enough to be negroes. This is
the normal condition of thugs in OF
the most law abiding counties in tho State
of Georgia
Now for the purpose of comparison let us
suppose that mob In Richmond county has
/ in hand ravishcr TO whom IL proposes TO
administer Illegal execution Suppose tho
/ Judge Of the Augusta circuit happened along
/ IN time to address the mob. and promised
the excited men that II they would lei
the law take It's course. he would see to 1t
that tho offender was justly tried. What
would this Judge be able to say In answer
to this mob when II should point to him that
there would be only four chances out OF lfty-
! six for a conviction That as against thu
laws four Uncertain chances, they proposed
to avail themselves of the more certain iifty-
two?
The Constitution got on the right tack
In this excerpt which The Post has just
quoted--the chief cause Of mob violence
and OF the multiplicity of homicides which
occur. lies in the courts and with the law
officers Not only in Georgia, but in many
other States, In Texas for one the pro-
portion Of convictions or legal executions
for murder. or of punishment for homi-
cides of any kind, to the cases oc-
curing, is about as In Richmond
county, Georgia The distrust of the
courts. the many avenues OF escape which
can be found by criminal lawyer. the
confidence OF the man-killer that the
chances are only about one In dozen that
he will ever be convicted in the courts. not
only encourage crime, but drive the people
to take the law in their own hands Any
brutal or shrewd criminal is ready to stand
his chances in the courts II he can employ
a good lawyer.
| II looks in the light OF the foregoing
statistics as II courts were organized in
these days to acqult rather than punish
any criminals, except the petty thieves
or small offenders. The technicalities that
prevail In tho criminal code of procedure
are SO many premiums upon or induce
ments to crime. The failure to enforce
the law by those sworn to It's enforce
ment leads directly to tho "wave OF
crime" sweeping over certain States. Some
wise and progressive commemorative have
abolished technicalities and declared that
when 1t is apparent from the record that
substantial Justice has been done. no
reversal or new trial will be allowed.
When We come to the discussion OF this
question let the odium fall where II will,
Efforts have been made In Texas to re-
form our criminal codes, especially OF pro.
cedure, but without success. The leris-
latures filled with lawyers have refused
to cut OFF such fruitful chances of keeping
murderers out OF the penitentiary or from
the gallows. The law on homicide itself
is particularly favorable to the killer. Tn.
Beaumont Journal, only the other day.
called attention TO the fact that "the law
yers OF Texas. In session assembled at
Galveston, have gone on record as opposed
/ 10 innovation that will simplify the prac-
tice OF their profession and make easy the
conviction OF oriminalsl" Possibly II is
natural that the lawyers should want for
plenty Of business. but they might bs broad