The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1904-08-23

women; if it will not, the mob will. The proposed
legal remedy may be objected to as a reversien to
barbaric custom, but, as Golfers Weekly OBJ
serves, mo precedent for manning as a general
practice could be established in these days." And
l repeat that We must recognize the fact that we
have a peculiar crime, to be dealt with in a pc
culiar manner.
We should also take notice of the fact that
lynching is often condoned because of the humili-
alton the wronged woman must endure in appear
ing against the prisoner in open court. AS for
the time-worn suggestion that the affidavit of the
woman be accepted as sufficient, this is effectually
barred by the Sixth Amendment to our National
Constitution, which guarantees the right of the
criminal to be confronted by the witness against
him." But the Judge has power to keep the de-
PENDANTS counsel within the bounds of decency
and courtesy, even if the danger of outraging pub
lie sentiment we're not alone enough to insure this.
In a case of this kind a short time ago a Southern.
Judge excluded all women and all boys under six
teen from the courthouse. He then requested
that all gentlemen who were mere onlookers
leave the room, and the majority left. Such
methods as these might be more generally adopted.
Better still, the law might empower judges in
such cases to clear the room of all idle spectators.
l believe it is generally admitted that this would
not infringe upon the Constitutional rights of the
defendant.
"The establishment of greater confidence in
the summary and certain punishment of the crimi-
nal,"-this is Judge Brewers remedy for lynch
ing, and the changes we have considered will do
much to bring it about. 1t will remove the cause
of most lynchings that are regarded as excusable,
and will uncloak the inexcusable ones. For there
ara ipovoucoh1o uttor1u ipayousah1n 1vnohinOS
The mob is not always actuated by fear of a guilty
mans escape. Sometimes the ruling passion is
only a savage, diabolical blood-thirstiness Some
times it is sheer and fendish bullyism tormenting
the weak and defenseless. Sometimes it is the
mob leaders desire for personal vengeance,-mur-
derous hate doing its work in the name of justice.
But these criminals find refuge in the same de-
tense which shields those who are impelled by an
honest (however MISTAKEN desire to protect the
~sanctity of their homes,-the ineficiency of the
law. We must deprive them of this protection
and expose them to the penalties they deserve.
Remove the legal shortcomings that cause law
loving men to condone l%ynching, and the lawless
can no longer practice it with impunity. Except
ing possibly for the most heinous crimes and in
communities where the white population is entire
" outnumbered by negroes of the lowest type,
Iynching can then be made odious and punishable
Gas it should beg.
For our warfare on mob law will not be COM
plete without a stringent, but flexible and enforcl-
BILE anti-lynching law. First of all, the law must
recognize the fact that the average lyncher, criml-
nal as he is, does not deserve the punishment given
for capital crime, and that to refuse to recognize
lynching as anything but murder is equivalent to
refusing to recognize it as a crime at all; for 1t
cannot be punished as murder. There should be
a wide range of penalties, beginning with a line