Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1903-08-17
South No Longer Holds Mo-
nopoly for Meeting Out
Swift Punishment.
GRIMES CAUSED BY LAWS DELAY
outrases Committed on White Women
by Negroes Principal Causes of
Lynchngs-Advoeates Doing Away
With Appeals in Criminal Cases.


tributed TO Leslie's Weekly an article
on the crime of lynching, In the course
OF which he says;
Our government recently forward
ed to Russia petition in respect 10
alleged atrocities committed upon the
Jews. That government, as might
have been expected, unwilling to have
its internal affairs matter of con-
sideration by other governments, de-
clined to receive the petition. If, in
stead Of so doing, it had replied that
IL would put stop to all such atroci-
ties when this government put stop
to lynchings what could we have said
1t is well to look the matter fairly
in the face. Many good men join in
these uprisings, Mortified at the atroci-
ity of the crime and eager for swift
and summary punishment. OF course
they violate the law themselves, but
rely on the public sentiment behind
them for escape from punishment.
Many of these lynchings are accom-
panied by the horrible barbarities Of
savage torture, and all that can be
said in palliation is the atrocity of the
offenses which led up to them. For
time they were confined largely to the
south, but that section of the country
no longer has monopoly. The chief
offense which causes these lynchingJ
has been the rape of white women by
celored men. No words can be found
fna OF ~ hn "a or Of
such a crime 1t is no wonder that
the community Is excited Men would
disgrace their manhood il they were
not And if few lynchings had put
q stop to the offense society might
have condoned such breaches of its
law; but the fact is, If we may credit
the reports, the crime instead of d.
minishing Is on the increase. The
black beast (for only beast would be
guilty of such an offense) seems to be
not deferred thereby. More than thas,
as might be expected, lynching for
such atrocious crimes is no longer con-
fined to them but is being resorted to
for other offenses.
What can be done to stay this cpl
demic of lynching2 One thing is the
establishment of greater confidence
in the summary and certain punish
ment of the criminal Men are afraid
of the laws delays and the uncer.
talnty of its results Not that they
doubt the integrity of the judges, but
they know that the law abounds with
technical rules and that appellate
courts will often reverse judgment
of conviction for a disregard of such
rules, Notwithstanding a full belief in
the guilt of the accused. If all were
certain that the guilty ones would be
promptly tried and punished, the in
ducement to lynch would be largely
taken away. In an address which
delivered before the American Bar az,
ISOLATION at Detroit some years since
| advocated doing away with appeals
ir criminal cases. 1t did not meet tho
favor of the association, but | still be-
lieve in its wisdom. For nearly hun
dred years there was no appeal from
the judgment of conviction of GRIM
inal cases in our federal courts, and
no review except in a few cases in
which, two Judges sitting, difference
OF opinion on question of law was
certified TO the supreme court In
England the rule has been that there
was no appeal In criminal cases, al.
though question of doubt might be
reserved by the presiding judge for
the consideration of his brethren.
Hon. F. ], Phelps, who was minister
to England during Mr. Cleveland's
first administration, once told me thar
while he was there only two cases
were SO reserved. Does any one doubt
that justice was fully administered by
the English courts?
1T is said in extenuaton of lynch
Ing in case OF rape that it is an addi-
tional cruelty to the unfortunate vic
tim to compel her to go upon the wit.
ness stand and in the presence of a
mixed audience tell the story of her
especially when she may be
subject to cross-examination by over
jealous counsel. | do not belittle this
matter, but it must be remembered
that often the unfortunate victim
lever lives to tell the story of her
wrongs that if she does survive she
must tell it to some and the whole
knows the fact. Even in
the court room any high minded Judge
will stay counsel from any unneces-
sary cross-examination, and finally il
any lawyer should attempt it the com
n,unity may treat him as an outcast
can but think that if the community
felt that the criminal would certainly
receive the punishment he deserves,
and receive it soon, the eagerness for
lynching would disappear, and mobs. |
whose gatherings too often mean not
merely the destruction OF jails and
other property, but also the loss OF in
nocent lives. would 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 nor be astonished If it be re-
sorted to for all kinds of offenses, and
the innocent suffer for |
wrongs committed by others"