The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-09
JURY FINDS FOR DEFENSE
CLOSE OF THE BRITTON wHITECAP-
PING CASE AT BLOOMINGTON.
Ii Has Been an Expensive Trial
Judge HenIey's Pertinent Remarks
on the Rule of the Mob.
Special to the Indianapolis journal.

Special 10 the Indianapolis Journal
BLOOMINGTON, Ind. July S.-The jury
found for the defendants i'm the Joe Britton
suit for $4,000 damages against thirteen
citizens OF Greene county, charged with
whitecapping him about four years ago at
the little town of Newark. The jury was
out about fifteen hours and was held by
two men. who We're in favor of giving Brit
ton a small amount. Thus ends one of
most expensive trials ever connected with
mob law in Indiana. Soon after Britton was
whipped he declared his purpose Of VEN
geance against the men whom he claimed to
have recognized, and he and his wife
brought suit for $4,000 damages each. The
first trial was held at Spencer, a
year ago, and resulted in verdict against
Mrs Britton- Now the defendants win
their final victory after a weeks trial. over
fifty witnesses testified in both trials, and
it is said that, counting attorneys fees, the
two trials have cost over $1,000 In the time
since the crime occurred two of the de-
PENDANTS have died.
In the charge to the jury Special Judge
Henley made special reference to mob law
and its result upon the community. In one
of his instructions Judge Henley said:
I'm civilized countries there is no excuse
or palliation for the mob. Mobocracy pois-
ons the very fountains of justice and there
by pollutes every branch of our judicial
system The mob spirit is conceived in
sin and brought forth in iniquity. The
abuses which it may seek to correct are in
significant compared with the great flood of
crime and lawlessness it preclpitates The
baneful effect of the mcb's midnight at
n halr -fntf 1ra- Il
with the nights carnival--indeed, the real
effect has then scarcely begun. There fol-
low perjury, subornation of perjury, brib-
cry, intimidation, corruption and perhaps
murder itself. These blighting and re-
proachful results, however, are not the
most dangerous. The climax of pernicious
and vicious consequences growing out of
such unlawful acts is ultimately reached
in loss of respect for law and order, and the
due and orderly administration of justice in
sitting and REFRESHING full and free ex-
preston and development of that innate
sense of justice and generation for the law
that adorns and embellishes the American
character; In tlighting and corrupting civil
and political life and in bringing the COM
munity into such state Of excitement
unrest and anxiety as to impede its moral
and intellectual growth.
"A solemn duty is imposed on the Jury in
this case. The honor and dignity of the
law are involved; the good name of a sis
ter community and the good name of our
own community are\at stake, and l en-
phasize the necessity >of the Jury discharg-
ing its duties with courage and fidelity.
II do not assume that the defendants or
either Of them participated in the whipping
of the plaintiff. only assume what is adj
mitted in the trial. that a mob collected
at the plaintiffs house and attacked him
with violence without right or warrant of
law. You are the exclusive judges of the
weight Of the evidence and the credibility
of the witnesses, and it is your province
to determine whether the defendants or
either of them participated in the whip
ping other acts charged in the COM
plant. No consideration of present public
sentiment and discussion of so-called white
Gaping in this portion of the State by the
public or press or otherwise should in
fiuence or prejudice your minds against the
defendants, nor should you make victim or
victims among the defendants merely for
the purpose of satisfying or placating pub
lie sentiment against whitecapping, for such
conduct by the jury, instead of upholding
the majesty of the law, would be a blow
against the law as pernicious and danger
Gus as the Unlawful acts of the mob it
self"