Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1903-08-20
JUSTICE BREWER
ON LYNCH|HG
Says Cause for Mob Law is Increas.
ing Instead of Diminishing.
PUBLIC AFRAID OF LAWS DELAY
II Certain That Guilty Ones Would
be Promptly Tried and Punished
Inducement for ~Lynching
Would be Taken Away.

Inducement for L~ynching
Would be Taken Away.
New York, Aug. 17.-Associate JUS
tice David ]. Brewer, of the supreme
court of the United States, has con-
tributed an article on the crime of
lynching, in the course of which he
says:
Our government recently forwarded
to Russia a petition in respect to al
legged atrocities committed on the Jews.
That government, as might have been
expected, unwillingly to have its inter
nal affairs a matter of consideration by
other governments, declined to receive
the petition. If, instead of so doing, it
had replied that it would put a stop
to all such atrocities when this govern
ment put a stop to lynchings, what
could we have said?
st is well to look the matter fairly
in the face. Many good men join in
these uprisings, Mortified at the atroci-
ty Oh the crime and eager for swift and
summary punishment. Of course they
violate the law themselves, but rely or
the public sentiment behind them for
escape from punishment. Many of
these lynchings are accompanied by the
horrible b%arbarities of savage torture,
and all that can be said in palliation is
the atrocity of the offenses which led
up to them. Fol a time they were IN
fined largely to the south, but that Sec
ton of the country no longer has a
monopoly. The chief offense which
causes those lynchings has been the as
sault of white women by colored men.
No words can be found too strong to
describe the atrocity of such a crime.
1t is no wonder that the community is
excited. Men would disgrace their man
hood il they were not. And if a few
lynchings had put a 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 diminishing is on the in
crease. The black beast (for only a
oSooC Jul pC SulltS VI ouSh oil VI
fense) seems to be not deferred there
] by. More than that, as might be ex-
pected, l%ynching for such atrocious
crimes is no longer confined to them,
but is being resorted to for other Of
lenses.
What can be done to stay this cpl
demic of lynching? One thing is the
establishment of a greater confidence
in the summary and certain punish
ment of the criminal. Men are afraid
of the laws delays and the uncertain
ty of it's results. Not that they doubt
the integrity of the judges, but they
know that the law abounds with tech
meal rules and that appellate courts
will often reverse a judgment of con-
viction for a disregard of such rules,
Notwithstanding a full belief in the gilt
of the accused. If all were certain that
the guilty ones would be promptly tried
and punished the inducement to lynch
would be largely taken away. In an
address which | delivered before the
American Bar association at Detroit
some years since, | advocated doing
away with appeals in criminal cases.
1t did not meet the favor of the asso-
citation, but | still believe in its wis
dom. For nearly a hundred years there
was no appeal from the judgment Of
conviction of criminal cases in our fed
eral courts, and no review except in a
few cases in which two judges sitting
a difference of opinion on a question OF
law was certified to the supreme court.
ut is in e~Xtenuation of lynching in
case Of assault that it is an additional
compel her to go upon the witness
stand and in the presence of a mixed
audience tell the story of her wrongs,
especially when she may be subject to
cross-examination by over-zealous
counsel. | do not belittle this matter,
but it 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 it to some,
and the whole community knows the
lat. ENeu III inc court room the
high-minded judge will stay counsel
from any unnecessary cross-examina-
ton, and finally, if any lawyer should
attempt it the community may treat
him as al outcast. | can not but think
that ii 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 destruc-
ton of jails and other property, but
also the loss of innocent lives, would
greatly diminish in number.
Zone 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 suffer for wrongs
committed by Others"
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