The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-17
Natural Sequence Will BE TO See Men
Lynched for OTenses Committed
by Other Persons.
POSSIBLE CURE FOR DISEASE
ABOLITION URGED OF APPEALS IN
CRIMINAL CONVICTIONS.
Successful Working of the Plan in
English Courts and Formerly i'm
the Federal Courts.

NEW YORK, Aug. 16.--Associate Justice
David j. Brewer, of the Supreme Court of
the United States, has contributed to Les
lies 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 alleged
atrocities committed upon the Jews. That
government, might have been expected.
unwilling to have its internal affairs mat
ter of consideration by other governments.
declined to receive the petition. If, instead
of SO doing, it had replied that 1t would
put stop to all such atrocities when this
government put 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 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 senti-
ment behind them for escape from punish
ment Many of these lynchings are accom-
panied by the horrible barbarities Of saw
age torture, and all that can be said in
pallation is the atrocity of the offenses
which led up to them. For time they were
confined largely to the South, but that sec
tion Of the country no longer has a monop-
oily.
1.-The chief offense which causes those
lynchings has been the rape of white women
by colored men. No words can be found
too strong to describe the atrocity of sucn
a crime. 1t is wonder that the conf
muty Is excited. Men would disgrace their
manhood if they were not And if a few
lynchings had put stop. TO the effense
society might have condoued such breaches
of its laws; but the fact is, if we may credit
the reports, the crime instead of dimin-
ishing, is on tho increase The black beast
Qor only a beast would be guilty of such
offense) to be not deferred
thereby
More than that, as might be expected,
Iynching for such atrocious 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 establish
ment of a greater confidence in the sum-
mary and certain punishment of the GRIM
inal. 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 tech
nical rules and that appellate courts will
often reverse a judgment of conviction for
disregard of such rules, notwithstanding
full belief in the guilt of the accused If
ali were certain that the guilty ones would
be promptly tried and punished the induce
ment to lynch would be largely taken away
I'm an address which / delivered before
| the American Bar Association at Detroit
| some years since, / advocated doing away
! with appeals In criminal cases 1t did not
meet the favor of the association, but still
believe in its wisdom. For nearly hun
| dred years there was appeal from the
| judgment of conviction of criminal cases in
| our federal courts, and no review except in
few cases, in which, with two judges sit
n of nrafn ion
! of law was certified to the Supreme Court
| In England the rule has been that there
was appeal in criminal cases. although a
! question of doubt might be reserved by the
| presiding judge for the consideration of his
| brethren. e. j. Phelps. who was minister
| to England during Mr.. Cleveland's first ad-
| ministration, once told me that while he
| was there only two cases were so reserved
| Docs any doubt that Justice was fully
administered by the English courts?
| ''It is in extenuation of lynching i'm case
| of rape that Ii is an additional cruelty to
| the unfortunate victim to compel her to go
upon the witness stand and I'm the presence
of mixed audience tell the story of her
/ wrongs, and especially when she may be
| subject to cross-examination by overzeal-
| Gus counsel. do not belitte 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 sur
! vive she must tell Ii to some, and the
| whole community knows the fact. Even in
| the courtroom any high-minded judge will
| stay counsel from any unnecessary cross
| examination, and finally, if any lawyer
| should attempt it, the community may treat
/ him as an outcast / can but think that IL
| the community felt that the criminal would
| certainly receive the punishment he de-
| serves, and receive il soon, the eagerness
/ for lynching would disappear and mobs,
| whose gatherings too often mean not mere
ly the destruction of jails and other prop
| erty. but also the loss of innocent lives,
| would greatly diminish i'm number.
lone thing is certain, the tendency of
| lynching Is TO undermine respect for the
| law and unless ii be checked we need not
| be astounded if il be resorted to for all
! kinds of offenses and oftentimes innocent
men suffer for wrongs committed by 9TH
| ers."