New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-17
THE CRIME OF lYNCHING.
Plain Words By Justice Breroer of
United States Supreme Court.

brewer sets forth more fully the views ne has
already made public in regard to lynching as
a blot on our civilization and what can be done
to stay the epidemic of the crime. The full text
OF the article is as follows:
Our government recently forwarded to Russia
a petition in respect to alleged atrocities COM
mitted upon the Jews That government. as
might have been expected, unwilling TO have its
internal affairs a matter of consideration by
other governments, declined to receive the petit
ton. If, instead of so doing. it had replied that
1t would put stop to all such atrocities when
TINS government put stop to lynchngs what
could we have said?
No one can be blind to the fact that lynching
IS becoming altogether too common, and pre-
sents serious question for the consideration of
thoughtful lovers of their country There have
been two kinds of lynch law, and it is we'll to
distinguish between the two. In San Francisco.
Tor instance, many years ago the better citizens
became convinced that the officials were in
league with gamblers and other wrongdoers-
hence. crime was rampant, neither life nor prop
erty being sacred. Deliberately they came to-
gether, organized, and in effect took possession
of the government, administering law promptly
and severely; with the results-as claimed-that
crime was checked and order re-established.
Whatever may be said Of such a movement, it is
not like the lynch law that now prevails. 1t
was more in the nature of a revolution, by which
the regularly elected officers were put out of of
nee and new government established. But the
lynching which now attracts attention is the
temporary uprising of mob, called into being
by the commission of some terrible crime, the
perpetrator OF which it seeks to punish
1t is we'll to look the matter fairly in the
face, Many good men join in these uprisings.
Mortified at the atrocity of the crime and eager
Ior 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 ac-
eompanied by the horrible barbarities of savage
torture. and all that be said in palliation is
the atrocity of the offences 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 offence which
causes these lynchings has been the rape of
white women by colored men. No words can be
found too strong to describe the atrocity of such
a crime. II is no wonder that the community is
excited. Men would disgracei their manhood If
they were not. And II few lynchings had put
a stop to the offence. society might have con-
dcned such breaches of its law: but the fact is.
II we may credit the reports, the crime instead
OF diminishing, is on the increase. The black
beast Qor only beast would be guilty of such
an offence) seems to be not deferred thereby.
More than that, as might be expected, lynching
for such atrocouS crimes is longer confined
10 them, but is being resorted to for other Of
fences.
That lynching is a blot on our civilization no
one questions, and European nations are point
Ing TO II as evidence of lower civilization.
Shall We let this so on and thus practically adj
mt that, In many respects, this Is no longer a
government of laws. but partly one of MODS?
We seldom hear of lynchngs across the waters
somehow or other IL is epidemic which pre-
walls in America, but not in Europe. We all
know that punishment of crime justly and
promptly administered by legal methods tells of
cries and hasty Judgment of mobs. Take the
case of the assassin of our late much loved
President; how much more II speaks for our
civilization that in an orderly way, before a
legal tribunal, the assassin was tried having the
benefit OF counsel. and thereafter put 10 death
In accordance with the dictates of law than If
an angry mob had torn him from the officers
OF the law and tortured him to death.
TO STAY EPIDEMIC OF CRIME.
What can be done 10 stay this epidemic Of
lynehing? One thing is the establishment OF n
greater confidence In the summary and certain
punishment of the criminal. Men afraid of
the laws delays and the uncertainty OF its re-
suits. 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 full
belief in the guilt OF the accused. II all were
certain that the guilty ones would be promptly
tried and punished the inducement TO lynch
would DO largely taken away. In an address
which delivered before the American Bar AS
ISOLATION al Detroit some years since advo-
Gated doing away with appeals in criminal
cases. IL did not meet the favor OF the aSSocia-
ton but / still believe IN it's wisdom. For near
~ hundred years there was no appeal from
the judgment Of conviction OF criminal cases
in our federal courts and no review. except in
a few cases in which. two judges sitting. "a dif
ference of opinion on a question of law was
certified TO the Supreme Court In England the
rule has been that there was no appeal in GRIM
inal cases. although a question OF doubt might
be reserved by the presiding judge for the con-
sideration of his brethren. The Hon. L. J.
Phelps. who Minister to England during
Mr. Cleveand's first administration once told
me that while he was there only two cases were
reserved. Does any doubt that justice
was fully administered by the English courts?
Opponents OF this suggestion fall back on the
ancient maxim that 1T is better that ninety
nine guilty men escape than that one innocent
man be punished" MaXims, like other things,
are good in their places, but. like other things
may often be overworEed. When criminal trials
were conducted as they were in England a
century and half ago-defendant without
counsel trial with little publicity and the press
a unknown faCtOF-tlat ma im Tvs
enough; but to-day. when prisoner is guar
anteed counsel. when trials are viewed by
throngs Of spectators. and the press makes pub
lie every detail, it seems we'll to often con-
slider President Grants direction, Let no guilty
man escape"
PROMPT ACTION BY COURTS.
Further, laws have been passed requiring an
immediate converting of courts and giving prior
lty OF hearing 70 certain civil cases deemed of
public moment. Why may not direction be given
to the presiding judge of the proper court. when
such atrocous crime has been committed
those giving rise to lynchingS, to Immediately
convene that court and put the accused at once
on trial? If this were done and no appeal were
allowed, would not the community be more con-
fdent that full punishment would be promptly
melted out? II II be said that under the haste
of such trial some innocent men might be
punished. sufficient reply would seem to be
that justice will be more likely done than when
mob takes the law into its own hands. II 1t
were deemed necessary to guard against even
possibility of injustice, the statute might re-
quire that the testimony be taken down by a
stenographer and at once presented 70 the SUI
preme Court. and II. In its Judgment, not that
some technical rules OF law have been disre-
garded, but that an innocent man has been con-
victed. authorize 1t TO stay the execution and
grant trial.
II is said in extenUation OF lynching in case of
rape that it is an additional cruelty to the I'M
fortunate victim to compel her to so 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 overzealous counsel ! do not helittle TINS