The Birmingham age-herald., 1903-08-17
Associate Justice ], j. Brewer Discusses at Length the
 Crime of Lynchirg
RUSSIA GOULD WELL HAVE
 MADE US 4 TART REPLY
He Intinnates That If No Appeal Was Allowed Tn Crl.....-l cases Much Of the Mob Spirit Would
 Soon DWinde.

New York. August 16.--Associated Jus tee David J Brewer, of the Supreme court or the United States has contriou- ted to LesIfe's Weekly article on the crime Of 1S,nchng. in the course of which he says
 Our krOxernment recently forwarded to Russia petition in respect to alleged atrocities committed upon the Jews. That Eoxernrnent, might have been expected. was unwilling to have it's in- ternaI anairs a matter of consideration by other soVernments declined to re- ceive the petition If. instead of so do- ing. it had replied that 1t would put stop to all such atrocities when this gov ernment put stop to lynchings what could have said?
 Look at Matter Fairly
 Tt is well to look the matter fairly in the face Many good join in these uprising. hOrrihed at the atrocity of the crime and eager for swift and sum- mary puufshEnent Of course they vio- late the law themselves but rely the public seutIn1e ent behind them for escape from pIu1shII1ent. Many of these lynch- dnEs accompanied by the horrible barbarfties Of savage torture and all that can be said palliation Is the atrocity Of the orrenses which led up to them For a time they confined largely to the south. but that section of the country no longer has a monopoly. The chief onense which causes these lynchings has been the rape of white women by co1ored men No words can be found too strong to describe the atrocity of such a crime It is wonder that the com munity Is excited Men would disgrace their manhood if they not And if few Iynchings had put a stop to the onense. society might have condoned such breaches of its law but the fact is. if we may credit the reports, the .f afqfa 1fay ia fhea increase The black beast for only beast would be guilty of such of- fense) seems to be not deterred thereby. More than that as might be expected. 1ynchfnE for such atrocious crimes is longer confined to them. but is being sorted to for other offenses. .
 ~---.t Can be Done.
 What can be done to stay this epidemic Of 1ync 1t1az,2 One thing the establishment Of a greater confidence in the summary, and certain punishment of the criminal. Men are afraid of the jaws delays and the uncertainty of it's results. Not that they doubt the integrity of the judges but they know the law abounds with technical rules and that appellate courts will often reverse judgment of convic- ton for a al isregard of such rules not wfthstandfng full belief in the guilt of the accused If all were certain that the guilty ones would be promptly tried and punished. the inducement to lynch would be largely tai away.
 Tn address which deliverd before the A AInerican Bar association at Detroit some years since advocated doing away with appeals in criminal cases It did not meet the favor of the association, but I still believe in it's wisdom For nearly a hundred we ars there appeal from the Judgment of conviction of criminal cases in Federal courts and no review except in few Tn which two judges sitting differ ence of opinf on question of law was certified To the Supreme court In Eng land the rule has been that there was no appeal in criminal cases although aues- ton Of doubt must be reserved by the presiding judge for the consideration of his brethren Hon. E. J Phelps who was minister to England during MT. cieve Ia nd s first administration told me that while he there only two were so reversed Does any one doubt that justice fully administered by the English courts?
 Additional Cruelty.
 --It Is said fin extenuation of lynching in case of pc that 1t is an additional cruel ty to the Unfortunate victim to compel her to go upon Inc witness stand and in the presence of a mixed audience tell the story of her wrongs. especially when she may be subject to cross-examination by over zeaIOus counsel. do not belittle this matter but it must be remembered that often the un Fortunate victim 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 from any nnnec- essarX cross examination, and finally, if any Ia should attempt it. the com- 11aanttx- felt that the criminal would cer- tainIy receive the punishment he deserves. and receive it soon, the eagerness for ynchinE would disappear and mobs, whose zath erings often not merely the destruction of jails andIothe property but also the loss of v .ocent lives. would greatly diminish in ne nber.
 --oue thing Is certain, the tendency of GznchfuS is to undermine respect for the law and unless 1t be checked, need not be astonishes1 if it be resorted to for all kinds Of ofrerlses and oftentmes innocent men suffer for wrongs committed by others