The daily morning journal and courier., 1903-08-17
RAYORS SPEEDY TRIALS.
JUSTICE BREWER OF U. $. sU-
 PREME COURT oNLENCHING.

Receive the Punishment He Deserves
 and Receive it soon, the Eagerness for
 Lynohing Would Disappear-stiii
 Favors Doing Away with Appeals in
 Criminal Gases.
 New York. Aug. 16.-Assoclate Justice David J. Brewer of the supreme court of the United States has contributed to LesIie'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 respect to alleged atrocities committed upon the Jews. That government, as might have been expected, unwilling to have it's internal affairs matter of consid- eration 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 government put a stop to lynch ings. what could we have said:
 Tt is we'll to look the matter fairly in the face Many good men join in
 these uprsings, mortified at the atroc- | ity of the crime and eager for swift
 and summary punishment. Many of these lynchings are accompanied 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 con- l fined largely to the south. but that section of the country no longer has a
 monopoly The chief offense 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 It is no wonder that the community is excited. Men would disgrace their
 manhood if they were not. And if a l few lynchings had put stop to the of fense, society might have condoned such breaches of it's laws; but the fact lis, if we may credit the reports, the I crime, instead of diminishing. is on the l increase The black beast (for only a \ beast would be guilty of such an of fense) seems to be not deterred there by More than that, as might be ex- 3l pected lynching for such atrocious Il crimes, is not confined to them, but is being resorted to for other offenses.
 .tWhat can be done to stay this epi- demic of lynchng? One thing is the es- Establishment of a greater confidence in the summary and certain punishment of
 a criminal Men are afraid of the flaws delays and the uncertainty of it's Iresults Not that they doubt the in Itegrity os the judges. but they know that the law abounds with technical . lruIes and that appellate courts will of ten reverse judgment of conviction for f a disregard oe such rules, nothwith- ! standing full belief in the guilt of the accused. If all were certain that the
 guilty ones would be promptly tried 1 land punished. the inducement to lynch lwouIa be largely taken away
 aIn an address which delivered be- fore the American Bar association at
 Detroit some years since, I advocated
 doing away with appeals in criminal cases. It did not meet the favor of the
 association, but still believe in its
 wisdom. For nearly hundred years r there was no appeal from the Judgment lof conviction of criminal cases in ouf lfedesral courts. and no review except lin a few cases in which, two judges } sitting. a difference of opinion on I question of law was certified to the su- t preme court. In England the rule has
 been that there was no appeal in crim. D final cases although question of doub : might be reserved by the presiding e Iiudge for the consideration of hi
 brethren. Hon. E. J Phelps, who wa q minister to England during MT. Clevet f Hands first administration, once tolt e me that while he was there only tw'
 leases were so reserved. Does anyon' d doubt that justice was fully admins y Itered by the English courts?
 ssWhy may no direction be given t r the presiding judge of the prope l. court. when such an atrocious crim
 lhas been committed as those givins
 rise to lynchings to immediately con
 lyene the court and put the accused Il jonce on trial? If this were done an'
 no appeal were allowed, would not tn
 community be more confident that ful 5. punishment would be promptly mete if out? If it be said that in the hast n of such a trial, some innocent me d might be punished, sufficient repl q would seem to be that justice will D tA more l1kely uOIle lildli Wiioii O 1Aio a takes the law into it's own hands.
 e "It is said in extenuation of lynchin n in case of rape that it is an additione
 cruelty to the unfortunate victim
 compel her to go upon the Witnes
 stand and in the presence of mike ,r audience tell the story of her wrong ,e especially when she may be subject t # cross-examination by over-zealou ,s counsel. I do not belittle this mattel " but it must be remembered that ofte ,d the unfortunate victim never lives ar tell the story of her wrongs; that if sf TO does survive she must tell it to som ,e and the whole community knows tt re fact. Even in the court room any hig
 minded judge will stay counsel frol
 any unnecessary cross examination
 and finally, if any lawyer should a e tempt it the community may treat hi e. as an outcast can but think that le the community felt that the crirnin CT would certainly receive the punishmei g. he deserves and receive it soon, tf ne eagerness for lynching would disappes ne and mobs,, whose gatherings too ofte il. mean not merely the destruction
 jails and other property, but also u
 loss of innocent lives, would great
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