The Savannah morning news., 1903-08-17
CRIME OF LYNCHING
o1SCrssED IN VARIOUS PHASES by
JUSTICE BREWER
NOT CONFINED TO SOUTH.
THIS SECTION no LONGER HAS A
MONOPOLY OF 1T, HE SAYS.

chief Cause OF Lynching Rape of
white Women by COIOred Men-NO
Woods TeO Strong to Describe
AtrOcity of Such n Crime-Men
WOuid Disgrace Manhood If They
We're Not Excited by It-Remedy
to He FOund In summary and Ger
tain Punishment of Crimlna
Lynchers Know Law AbOunds
with Technical Rules, Hence
Their Action.
New York, Aug. i6.-Associate Jus
tee David J. Brewer of the Supreme
Court of the United States has con-
tributed to Leslie's Weekly an article
on the crime of lynching, In the course
Of which he says:
Our government recently forwarded
to Russia a petition in respect to al
legged atrocities committed upon the
Jews. That government, as might have
been expected, unwilling to have it's
internal affairs a matter of considera-
ton by other governments, declined to
receive the petition. If, instead of 50
doing, il had replied that 1t would put
stop to all such atrocities when this
government put q stop to lynchings,
what could we have said?
III is we'll to look the matter fairly
in the face. Many good men join in
these uprisings, Mortified at the atroci-
ty 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 punishment.
Many OF these lynchings are ac-
cOmpanied by the horrible barbarities
of savage torture, and all that can be
said in palliation is the atrocity of the
offensee which led up to them.
Not Confined To south.
"For a time they were confined large
ly 10 the South, but that section of the
country no longer has a monopoly.
The chief offense which causes these
lynchlngs 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 eXcit
ed. Men would disgrace their manhood
if they were not. And II a few lynch
ings had put stop to the offense,
society might have cOndoned such
breaches of it's law; but, the fact is,
IL we may credit the reports, the crime
instead of diminishing is on the In
crease.
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 lynch
ing for such atrOcious crimes is no
AVaaA 70 h1Tf &c ,Yst-
ed to for other offenses.
How To Stay Epidemic.
What can be done to stay this cpl
demic of lynching? One thing is the
establishment of a greater confidence
in the summary and certain punish
ment Of the criminal. Men are afraid
of the laws delays and the uncertainty
of it's results. Not that they doubt
the integrity of the judges, but they
know that the law abounds with tech
meal rules, and that appellate courts
will often reverse a Judgment of con-
viction for a disregard Of such rules,
Notwithstanding a full belief in the
guilt OF the accused.
IF all We're certain that the guilty
ones would be promptly tried and pun
ished, the inducement to lynch would
be largely taken away. In an address
which l delivered, before the Ameri-
can Bar Association at Detroit some
years since, l advocated doing away
with appeals In criminal cases. 1t did
not meet the favor of the association,
but I still believe in Its wisdom.
For nearly a 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 difference of opinion on
question of law was certified to the
Supreme Court In England the rule
has been that there was no appeal
in criminal cases. although a question
of doubt might be reserved by the pre-
siding Judge for the consideration of
his brethren.
Hon. E., j. Phelps, who was minister
to England during Mr.. Clevelands 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?
Horror OF witness stand.
ut is said in extenuation of lynching
in case of rape that 1t is an additional
cruelty to the unfortunate victim to
compel her to go 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
ross-examination by over jealous
counsel.
II do not belittle this matter. but it
must be remembered that often the
unfortunate victim never lives to tell
the story of her wrongs: and if she
does survive she must tell 1t to some,
and the whole community knows the
TACT Even in the court room any high
minded judge viii stay counsel from
any unnecessary cross-examination,
and finally, if any lawyer should at
tempt it the community may treat
him as an outcast.
I can but think that II the commu-
nifty felt that the criminal would GER
tainly receive the punishment he de-
serves, and receive 1t soon, the eager
ness for lynching would disappear and
mobs, whose gatherings too often
mem not merely the destruction of
!alis and other property, but also the
loss of innocent lives, would greatly
Diminish in number.
One thing is certain-the tendency
OF lynching is to undermine respect for
the law, and unless 1t be checked we
need not be astonished II 1t be resort
ca to for all kinds of offenses and Of
tehtlmes innocent men suffer for
wrongs committed by Others"