Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-08-17
port of this he cites the practice o.

port OF this he cites the practice o.
British courts.
In the course of his article the Justice
compares lynching to anti-Jew riots il
Russia, and says the Cars government
might fittingy have retorted in kind
to the protest recently sent from this
country. In part Justice Brewers arti-
Gle is as follows:
What can be done to stay this cpl
demic of lynching? One thing is the
establishment of q greater confidence
in the summary and certain punishment
of the criminal. Men are afraid of the
laws delays, and the uncertainty of its
results. Not that they doubt the in
tegrity of the judges, but they know
that the law abounds with technical
rules, and that appellate courts will
often reverse a judgement of conviction
for a disregard of such rules, notWith-
standing full belief in the guilt of the
accused. Ii all were certain that the
guilty ones would be promptly punished
the inducement to lynch would be
largely taken away.
In an address which delivered be-
fore the American Bar association at
Detroit some years since, | advocated
doing away with appeals in criminal
cases. 1t did not meet with the favor
of the association. but 1 still believe in
its wisdom. For nearly hundred
years there was no appeal from the
Judgement of conviction in criminal
cases in our federal courts, and no re-
view except in a few cases in which,
two judges sitting, difference of opin-
ion on n question of law was certified to
the supreme court.
IN England the rule has been that
there was no appeal in criminal cases,
although a question of doubt might be
reserved by the presiding judge for the
consideration of his brethren. The
Hon. e. j. Phelps. who was minister to
England during Mr.. Clevelands first
administration, once told me that while
he was there only two cases We're SO
reserved Does any one doubt that
justice was fully administered by the
English courts?
1T is said in extenuation of lynching
in case of rape that it is an additional
cruelty to the unfortunate victim to
compel her TO go upon the witness
stand and, in the presence of a mixed
''uSAiStiNN, tSit 't'' s''eiS VI III W. Vtio',
especially when she may be subject to
cross examination by overzealous coun
sci. | do not belittle this matter, but
1t must be remembered that often the
unfortunate victim never lives to tell
the story of her wrongs, and, if she does
survive, She must tell ii to some, and
the whole community knows the fact
Even in the courtroom any high
minded Judge will stay counsel from
any unnecessary cross examination,
and. finally, if any lawyer should at
tempt it, the community may treat him
as an outcast. | can but think that If
the community felt that the criminal
would certainly receive the punish
ment he deserves, and receive 1t soon,
the eagerness for lynching would dis
appear, and mobs, whose gatherings
too often mean not merely the de-
struction of jails and other property,
but also the loss of innocent lives,
would greatly diminish in number.
"One thing is certain, the tendency
of lynching is to undermine respect for
the law, and unless it be checked we
need not be astonished If it be resorted
to for all kinds of offenses, and often
times innocent men may suffer for
wrongs committed by others"