The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1903-08-18
An Article on the Crime Of
Mob Vengeance From the
JuriSt's Pen
EXPLAINS WHY IT PREVAILS
Points Out Wherein the Courts
Are to BIame-Considefs
Effect

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
10 Russia petition in respect to all al
legged atrocities committed upon the
Jews. That government, as might
have been expected, unwilling to have
its internal affairs a matter of consid-
Grafton by other governments, declin-
ed to receive the petition. If, instead
of so doing it 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 we'll to look the matter fairly
in the face. Many good men join in
| these uprisings, Mortified at the afro
| city OF the crime and eager for swift
and summary punishment. OF course,
they violate the law themselves, but
rely upon the public sentiment be-
hind them for escape from punish
ment Many of these lynchings are
accompanied by the horrible barbara
ties of savage torture, and all that
car be said in palliation is the afro
city of the offneses which led up to
them. For a time they were confined
largely to the south, but that section
OF the country no longer has the mo-
nopoly The chief offense which
causes these lynchings is the assault
of white women by colored men. No
words can be found to describe the
atrocity of such a crime. 1t is no
wonder that the community is excited,
men would disgrace their manhood
If they were not. And if few lynch
lEgs had put stop to the offense So
sioety might have condoned such
breaches of it's laws, but the fact is,
ii we may credit reports, the black
guilty OF sucn an ofrensel seems to
De not deferred thereby.
What can be done to stay this
epidemic OF lynchIng? One thing is
the establishment of a greater conf
dence in the summary and certain
punishment of the criminal. Men are
afraid of the laws delays and the un-
certainty OF it's results. Not tnat they
uoubL the integrity OF the judges, but
llhey know that the law abounds with
technical rules and that appellate
courts will often reverse a judgment
or conviction for a disregard of such
rules, Notwithstanding a full belief
lin the guilt of the accused. If all
were certain that the guilty ones
would be promptly tried and punish
ed, the inducement to lynch would
be largely taken away. In an ad-
dress which / delivered before the
American Bar Association at Detroit
some years since, | advocated doing
away with appeals in criminal cases
"It did not meet the favor of the
/
wisdom For nearly a hundred years
there was no appeal from Judgment
0f conviction of criminal cases in our
federal courts and no review except
in a sew cases in which two judges
sitting, a difference of opinion in
question 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 reserved by the
presiding Judge for the consideration
OF his brethren. Hon. E. ]. Phelps,
who was minister to England during
MIR. Clevelands first administration,
told me that while he was there only
two cases were so reversed. Does any
one doubt that justice was fully ad-
ministered by the English courts?
1T is said in extenuation of lynch
ing in case of assault that it is an ad-
ditional cruelty to the unfortunate VIC
tin to compel her to go Upon wit
ness stand and in the presence of a
mixed audience tell the story of her
wrongs, especially when she may be
subjected to cross-examination by
i on er-zealous counsel. l do not be-
+ lieve this matter. but il must be re-
membered that often the unfortunate
victim never lives to tell the story
CONTINUED on page ~