Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1903-08-26
An Analysis oi Lynching.

of the Supreme Court OF the United
States, has contributed to Leslie's
Weekly an article on the crime of
lynching, in the course of which he
says:
"Our Government recently for
warded to Russia a petition in re-
spect to alleged atrocities committed
upon the Jews. That government,
as might have been expected, unwil-
ling to have its internal 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 stop
to all such atrocities when this gov
ernment put a stop to lynchings,
what could we have said2
"It is well to look the matter fairly
in the face. Many good men join in
these uprisings, Mortified at the
atrocity of the crime and eager for
swift and summary punishment. Of
course they violate the law them
selves, but rely on the public senti-
mcnt behind them to escape from
punishment. Many of these lynch
ings are accompanied by the horrible
barbarities of savage torture, and all
that can be said in palliation is that
atrocity of the offenses led up to
them. For a time they were con-
fined largely to the South, but that
section of the country no longer has
a monopoly. The chief offenses
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 crime. 1t is no
wonder that the community is ex-
cited.
"Men would disgrace their man
hood if they were not. And if a
few lynchings had put a stop to the
offense the country might have con-
doned such breaches of the laws, but
the fact is, if we may credit the re-
ports the crime instead of diminish
ing 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
that, as might be expected, lynching
for such atrocious crimes is no longer
confined to them, but is resorted to
for other offenses.
What can be done to stay this
epidemic of lynching? One thing
is the establishment of a greater
confidence in the summary and GER
tain punishment of the criminal.
Men are afraid of the laws delays
and the uncertainty of its results.
Not that they doubt the integrity of
the judges, but they know that the
law abounds with technicalities and
that appellant courts will often re-
verse judgment of conviction for o
disregard of such rules, notwith-
standing 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 I
delivered before the American Bar
Association at Detroit some years
ago, advocated doing away with
the right to appeal criminal cases,
but it did not meet the favor of the
association. For nearly 100 years
there was no appeal from judg-
ment of conviction in criminal cases
in our Federal courts and no review
except in few cases in which two
judges sitting had difference of
opinion on a question of law. Then
it was certified to the Supreme Court.
In England the rule has been that
there was no appeal in criminal
cases, although question of doubt
might be reserved by the presiding
Judge for the consideration of lis
brethren. Hon. K. j. Phelps, who
was minister to England during Mr..
Cleveland's first administration, once
told me that while he was there only
two cases were so reserved. Does
any one doubt that justice was fully
administered by the English courts
cit is said in extenuation of lynch
ing in cases of rape that it is an ad-
ditional cruelty to the unfortunate
victim to compel her to 90 upon the
witness stand and in the presence of
mixed crowd tell the story of her
wrongs, especially when she may be
subject to cross, examination by
over jealous counsel. / don't be-
little this matter, but it must be re-
membered that often the victim