The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-22

II has been some time since Indiana was
dissraced by a lynching. but the one that
has just occurred in Sullivan county has
all the features of a fragrant violation OF
law. Admitting that the victim was guilty
of the crimes charged against him. of
which there seems to be little doubt. there
was nc doubt of his speedy trial, con-
mob law to say that the legal penalty in
such cases is Inadequate. That is not for
any mob or any community TO say. II the
penalty is not severe enough let the law
be changed in a regular way, but while
the law stands it should be observed. In
this case the lynchers have put themselves
on a level with their victim as law break
ers. To say that they have done substan-
tial justice and made a record that will
tend to prevent the preparation Of crime
in the future is not to the point. Any per-
son who should arm himself with a shot
gun and shoot everybody he thought de-
serving of death might make the same plea.
The plea is Illogical and futile. Nor is it
strengthened by the fact that the partici-
pants In the lynching were respectable citi-
zens. and that the proceeding was marked
by sort of orderliness. Murder Is murder
whether 1t be perpetrated in a riotous or
a quiet manner. The Nervousness Of crime
is not lessened by the fact that it was done
in orderly way. and every one of the
participants in this lynching is a murderer
in the eye of the law.
This case is the first that has occurred
under the law of 1901. amending the anti
lynching law of 1899. The latter made as
sisting in a lynching murder. and being
present and looking on a crime punishable
by Imprisonment in the State prison not
less than two nor more than twenty-one
years, and placed the power of prosecution
in the hands of the attorney general. He
will probably deem it his duty to take ac-
ton in this case. The act of 1901 provides
as follows:
If any person shall be taken from the
hands of a sheriff or his deputy having
such person In custody, and shall be
lynched. IL shall be conclusive evidence
OF failure on the part of such sheriff to
do his duty. and his office shall thereby
and thereat Immediately be vacated. and the
coroner shall Immediately succeed to and
perform the duties of sheriff until the sue
cessor shall have been duly appointed. and
such sherin shall not thereafter be eligible
to either election or appointment to the
office of sheriff. Provided That such
former sheriff may, within ten days after
such lynching occurs, file with the Governor
his petition for reinstatement to the office
OF sheriff, and shall give ten days notice
OF the fling OF such petition to the rrose-
cutting attorney of the county in which
such lynching occurred and also to the at
torney general. If the Governor, upon
hearing the evidence and argument IL any
presented. shall find that such sheriff has
done all In his power TO protect the life of
such prisoner and performed the duties re-
CURED of him by existing laws respecting
the protection of prisoners then the Gov
ernor may reinstate such sheriff in his
ONCE.
Under this law the Office of a sheriff from
whom a prisoner is taken and lynched is
vacated the moment the act is done The
lynching of a prisoner is made conclusive
evidence that he failed to do his duty and
he ceases to be sheriff at once, the coroner
of the county succeeding to the Office. The
burden of proof Is upon the sheriff to show
that he did all In his power to prevent the
lynching. and 1T is in the discretion of the
Governor to reinstate him. 1t is said the
sheriff of Sullivan county will appeal to
the Governor The facts, as far as pub
lished. do not show that he made any
strenuous opposition to the capture OF the
prisoner by the mob. but he may be able
to make a different showing The law gives
a sheriff power to command all bystanders
to assist him in the defense of a prisoner
and makes it penal offense to refuse
There is no evidence in this case that the
sheriff commanded such assistance or made
any determined attempt to resist the mob.
AS this is the first case OF the kind that
has arisen its outcome will be watched
with interest.