Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-08-17
NO FAITH IN COURTS
REASON THE MOB RESORTS TO
LYNCHING.
Justice Brewer Writes on the Subject
Says Appeals Should Be
Abolished.

Associate Justice David J. Brewer of the
Supreme Court of the United States has
contributed to Leslie's Weekly an article on
the crime of lynching, in the course of
which he says:
Our government recently forwarded to
Russia q petition in respect to alleged
atrocities committed upon the Jews That
government. might have been expected.
unwilling to have its internal AFFAIRS
matter of consideration by other govern
ments declined to receive the petition. If.
instead Of so doing. It had replied that 1t
would put a stop to all such atrocities
when this government put stop to lynch
ings, what could we have said?
1T is well to look the matter fairly in the
face. Many good men join in these up
risings, 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 sem
timent behind them to escape from punish
ment. Many of these lynchings are accom-
panied by the horrible barbarities Of savage
torture, and all that can be said in pallia-
ton is the atrocity of the Offenses 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 Of
Tense which causes these lynchings has
been the rape of white women by colored
men. No words can lie found too strong
W QeSCTlD0 The atTOCIty OF SUCn a crime.
1t is no wonder that the community is ex-
cited Men would disgrace their manhood
If they were not. And II a few lynchings
had put stop to the offense society might
have condoned such breaches of it's law;
but the fact is, If we may credit the re-
ports, the crime, instead OF diminishing is
on the increase. The black beast (for only
a beast would be guilty of such an offense)
seems to be not deferred thereby. More
than that as might be expected lynching
for such atrocious crimes is no longer con-
fined to Them but is being resorted to for
other OffenSes.
What can be done to stay this endemic
of lynchng? One thing is the establish
ment of a greater confidence in the sum-
mary and certain punishment of the crimi-
nal Men are afraid of the laws delay 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 judgment of convic-
ton for a disregard of such rules, notwith-
standing a full belief in the guilt of the
accused
IF all were certain that the easilty ones
would be promptly tried and punished the
inducement to lynch would be largely taken
away. In an address which l delivered be-
fore the American Bar Association at De-
troit some years since I advocated doing
away with appeals in criminal cases. It
did not meet the favor of the association,
but l still believe in its wisdom.
For nearly 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, difference Of opinion
on question of law was certified to the
/ Supreme Court. In England the rule has
been that there was appeal in criminal
cases, although question of doubt might
be reserved by the presiding judge for the
consideration of his brethren. E. j.
Phelps, who was minister to England dur
ing Mr.. Cleveland's first administra ton
once told me that while he was there only
two cases were SO reserved. Does any one