Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-08-19
ENFORCE LAW
SAYS BREWER
Eminent Jurist Says Lynching Can b,
lessened by Prompt Work by
The Courts.
ARE TOO MANY TEcHNIcALlTles
Greater Regard for the Spirit Of the
Law is Needed-confidenee In
Courts Must be Restored.

New York, Aug. l6.-Associate Jus.
tice 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 forward
ed to Russia a petition in respect to
alleged atrocities committed upon
Jews. That government. as might
have been expected unwilling to have
its internal affairs matter of consid.
Grafton by other governments, declin.
ed TO receive the petition. II. instead
of so doing II had replied that II would
put stop to all such atrocities when
this government put stop to lynch.
ings. what could we have said? II
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 sentiment behind them
for escape from punishment. Many
OF these lynchings are accompanied
by horrible barbarities of savage tor
ture, and all that can be said In pal.
liation 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 monopoly. The chief
offense which causes those lynchings
has been rape OF white women by
colored men. No words can be found
too strong TO describe the atrocity of
such a crime. II Is no wonder that
the community is excited. Men would
disgrace their manhood II they were
not And If few lynchings had put
stop to the offense, society might
have condoned such breaches of it's
law; but. the fact is. II we may cred
II reports. the crime, instead OF Ill.
minishing. is on the increase. The
black beast Cfor only a beast would
be guilty of such an offensel seems
TO be not deferred thereby. More
than that. as might be expected.
lynching for such aroclous crimes is
no longer confined TO them. but is be-
ing resorted TO for other offenses.
What can be done to stay this cpl
demic of lynching? one thing is the
establishment of greater confidence in
the summary and certain punishment
of the criminal. Men are afraid of
the laws delays and uncertainty Of
it's 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 a judgment OF convic-
tion for disregard of such rules. no..
withstanding full belief In the guilt
Of the accused. II all were certain
that the guilty ones would be prompt
Iy tried and punished. the inducement
to lynch would be largely taken away.
"In an address which delivered be-
fore the American Bar Association al
Detroit some years since, ] advocat-
ed doing away with appeals In Grim
inal cases. II did not meet with the
favor OF the association. but still
believe in its wisdom. or nFearly n
hundred years there was no appeal
from a judgment or conviction II
criminal cases in our federal courts, !
and no review except In a few cases, |
in which, two judges sitting, a diff
ference Of opinion on the question OF
law was certified to the supreme |
court. In England the rule has been
that there was no appeal In criminal
cases. although question OF doubt
might be reversed by a presiding |
Judge for the consideration OF his
brethren. Hon. Z. J. Phelps, who was
minister to England during Mr. Cleve'
lands first administration, once told
me that while he was there there
we're only two cases that were so re-
served. Does anyone doubt that jus.
tice was fully administered by the
English courts?
1T Is said that In extenuation o.
lynching in the case OF rape that H.
is additional cruelty TO the unfortun.
ate 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 10 cross-examination
by oyerzealous counsel ] do not be.
little this matter, but IL must be re-
mcmbered that often the unfortunate
victim never lives to tell the story OF
her wrongs. and If she does survive
she must tell II at home, and the com
knows the fact. Even In the
court room any high-minded Judge
will stop counsel from any unneces'
sary cross.examinatiOns; and. finally,
II any lawyer should attempt II, the
community may treat him as an out
cast. can but think that II the com
munity felt that the criminal would
certainly receive the punishment ne
deserves mobs, whose gatherings
mean not merely the destruction of
iails and other property, but also the
loss of innocent lives. would greatly
diminish in number. One thing is Ger.
tain. the tendency Of lynching Is 20
undermine respect for the law, AMI
unless n be- checked we need not be
astonished II il be resorted TO for all
kinds of oirenses, and ofientimes In
nncent men suffer for wrongs commit.
ted by others.
oOc kEEEIlEP IS ROSS