The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-08-18
JUDGES ON LYNCHING AND THE
REMEDY.

guished jurists have discussed the grave
evil of lynching-one the Chief Justice
of Delaware and the other a member OF
the United States Supreme Court The
evil is so widespread it is natural that the
ablest jurors of the country should be
concerned about its growth and greatly
interested to find remedy if there is one
Chief Justice Lore, of Delaware, at the
Chautaqua, spoke on 1.-THE Relation OF
Law to the Manifestation of the Mob
Spirit Coming from the State which
has been the scene of one of the latest
and most brutalizing lynchings in the an
nails of the country, his address was heard
with more than ordinary interest In part
he said:
1.-The claim that because courts in any
case refuse to railroad the criminal to the
gallows it is an excuse for brutal lynch
ings is not worthy of consideration before
intelligent people. The murderers them
selves, and blatant demogogues who may
have melted them to murder may seek
such excuse for their acts, but they, like
the ostrich fleeing for shelter, only bury
their heads in the sand and leave the BODY
OF their sin exposed.
ANY court of justice that would listen
to the mob and suffer it to prescribe its
methods, time, and action should be abol-
ished as a mockery of human Justice
The very fact that the people are mad
and frenzied and that the mob is at the
door calls for a cooling time, that reason
may resume her throne.
Most emphatically we say the remedy
is not in hasty and feverish action of
courts of justice against the criminal
whose offense is the exciting cause.
Law has its highest function in throw
ing its shield of protection before the ig-
norant, the weak, and the helpless. and
was specially designed as a barrier against
temporary madness. The more brutal the
crime? the more degraded and ignorant the
criminal the more widespread and tense
the public rage, the more imperative it is
that courts of justice should secure
calm, just, and fair hearing and that the
guilt of the accused be established, other
wise innocent men may be punished for
crime they did not commit, as in recent
lynching of a negro in the South, where
it was found after his death that he had
not been within twenty miles of the scene
of the outrage.
when mob spirit rules, courts of JUS
tice should be unyielding in their stand
for fair dealing. otherwise they simply
become the mob and executors of ven
geance and not of justice.
1.-THE Judges of Delaware have no apol
ogy to make for not listening to sugges-
lions of mob vengeance in the case of
George White
There is much food for reflection in
Judge Lore's protest against railroading
a criminal to the gallows. 1t is as i'm
portant that men accused of crime shall
tice shall not be delayed. Bad as it is it
is better for the mob to lynch men than
for the judges and sheriffs to do so under
the forms of law" in defiance of the sub
stance. But-and here is truth that
judges and lawyers often overlook-except
IN the case of those who have not enough
money to employ able and influential coun-
sci, persons accused of crime are often en-
abled to delay the final outcome of their
trial unfortunately and until the patience
of justice-loving people becomes thread
bare.
In an article to the current number of
LeslIes Weekly, Justice Brewer discusses
and the remedy We quote:
ut 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 themselves, but rely on the public
sentiment behind them to escape from
Many of these lynchings are
by the horrible barbarities
OF savage torture, and all that can be said
In palllation is the atrocity of the of
fences which led up to them. For a time
they were confined largely to the South, |
but that section of the country no longer
has a. monopoly. The chief offence which
cause 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. 1t is no
wonder that the community is excited
Men would disgrace their manhood i'll
they were not. And if few lynchings
had put stop to the offence, society
might have condoned such breaches of it's |
law but the fact is, if we may credit the |
reports, the crime, instead of diminishing
Is on the increase. The black beast (for
only beast would be guilty of such an
of1ence seems to be not deferred thereby.
More than that, as might be expected, |
Iynchlng for such atrocious crimes is no |
longer confined to them, but is resorted to
for other offences
what can be done to stay this epidemic
OF iynching? One thing is the establish
ment OF greater confidence in the sum-
mary and certain punishment of the Grim
mai. 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 technical rules, and that
Appellate Courts will often reverse judg-
ment OF conviction for disregard of such
fxrif hot,