The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-17
TO STOP LYNCHING.
Justice Brewer Advocates AbOIi.
tiOn of Right of Appeal.

New York. Aug. 17.-Associate Justice
David J. Brewer. of the supreme court
of the United States, in the course of an
article on the crime of lynching, 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 its in
ternal affairs a matter of consideration
by other governments, declined to re-
ceive the petition. If. instead of so do
ing, II had replied that it would put a
stop to all such atrocities when this
government put a stop to lynchings,
what could we have said?
1T 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 for
escape from punishment. Many of these
lynchings are accompanied by the hor-
rible barbarities of savage torture, and
all that can be said in palliation is the
atrocity of the offense 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 offense which causes those
lynchingS has been assault on white wo-
men by colored men. No words can be
found too strong to describe the atroci-
the community is excited Men would
disgrace their manhood if they were not
And If a few lynchings had put stop
TO the offense, society might have con-
doned such breaches of its laws, but
the fact is, if we may credit the reports
the crime instead of diminishing is on
the increase. The black beast (for only
n beast would be guilty of such an Of
ifenss) seems to be not deferred thereby.
More than that. as might be expected
D Ixrv7n such ofrOniOT1S crimes is no
longer confined to them, but is being re-
sorted 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 certain punishment of the criminal
/ Men are afraid of the laws delays and the
uncertainty Of its results Noe 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 judgment of conviction for dis
regard of such rules notwithstanding a
full belief in the guilt of the accused. If
all were certain that the guilty ones would
be promptly tried and punished the induce
ment to lynch would be largely taken
! away. In address which l delivered be-
fore the American Bar association at De-
troit some years since l advocated doing
| away with appeals in criminal cases IL
did not meet the favor of the association.
/ but I still believe in its wisdom. For nearly
| 100 years there was no appeal from the
i,'dgment Of conviction of criminal cases
in our federal courts. and no review eX-
cept in few cases. in which two judges
sitting. a ulfIeTtnct u opilioD oh Aues-
ton of law was certified to the supreme
court. In England the rule has been that
there will be no appeal in criminal cases.
although question of doubt might be re-
served by the presiding judge for the con-
sideration of his brethren Hon. z. !.
/ Phelps. who was minister to England dur
ing CleVeland'S first administration, once
told me that while he was there only two
cases were 50 reversed. Does any one
doubt that justice was fully administered
by the English courts?
''It is caid in extenuation of lynching in
lCac of T66i-
tional cruelty to the unfortunate victim to
compel her to go upon the witness stand
and in the presence 0f a mixed audience
TO tell the story of her wrongs. especially
| when she may be subject to croSs-exami-
nation by over-zealous counsel l do not
believe this matters. but it must be re-
membered that often the unfortunate vic
tim never lives to tell the story of her
wrongs. and if she does survive she must
tell it to some. and the whole community
knows the fact. Even in the court room
any high minded judge will stay counsel
and finally if any LAWYER should attempt
it the community may treat him as an
| outcast. I can but think that if the COM
munity felt that the criminal would
certainly receive the punishment he de-
serves, and receive it soon, the eagerness
whose gatherings too often mean not mere
" the destruction of jailS and other prop
erty. but also the loss of innocent lives,
would greatly diminish in number
Zone thing is certain the tendency of
lvnching is to undermine respect for the
law, and unless it be checked we need
not be astonished If it be resorted to for
all kinds of offenses and often times inno-
cent men suffer for the wrongs committed
by others