The Savannah morning news., 1904-10-25
INDICT LYNCHERS
SAYS JUDGE DALEY
HE CHARGES THE GRAND JURY
IN THE CASE OF THE BURNING OF
CATO AND REED.


Were Guilty of Murder as Well as
Cato and Reed-GeneraI Violation
of the Law, and Judge Appeals
for Punishment of the Guilty.
Statesboro, Ga. Oct. 24.-Judge A. F.
Daley charged the grand jury of Bull
loch county to-day that it was their
duty to indict the lynchers of Cato
and Reed. He said all those who par
ticipated in the mob were guilty of
murder the same as Reed and Cato, the
difference being that the former were
holder thar the latter. Judge Daley
said:
II have to call to your attention this
term of the court a matter of grave
Importance, one which it becomes my
duty to call your attention to. You are
under the same obligations as myself;
you are bound just the same. In your
county a most horrible crime was COM
mitted. and by the diligence of the bar
and assistance of a number of good
citizens the guilty parties were appre-
hended.
by request of a large number of
good citizens a special term of court
was called for the trial of these par
ties, that there should be no complaint
on account of the delay in the law.
There has been a general violation of
law by the people becoming impatient.
In this case, under the direction of the
best citizens, 1 called a special term
for the trial When these prisoners
We're arraigned and was requested 10
call a special term of court, I wrote
here to good citizens and members of
the bar OF Statesboro to know what
counsel l could get. I received reply
from the legal bar, telling me that any
members l would select who were not
engaged in the prosecution would de-
fend the prisoners. 1 appointed four or
five members of your bar, good, capa-
BILE men. They came into the trial and
honorable defended these criminals, an
honest and able defense.
No Excuse for Mob Violence.
Defendants were convicted in this
case, the evidence being overwhelming,
and were justly sentenced to the high
est pertalty of the court under the law =.
While the court was in session the mob
pressed the guards, took the prisoners
and executed them. If this eXecu-
tion had been done before the law took
charge there could in one instance have
been excuse for such, but no law; but
they, through Impotence, took them
away from their protection and burned
them at the stake.
That is not to the credit of the
county, and l don't believe was in
accordance with the wishes of the good
citizens of the county. 1t is not a
question of sympathy for the negroes.
Nobody disputes that they did not de-
serve the punishment, but the law is
to protect our liberty and our proper
ty. We must enforce the law and
the law we have got to regard. Crime
begets crime. Crime has since been
perpetrated as never before. The
courts have almost been unable to- at
tend to their civil business and other
business on account of the large num-
Der of criminal cases they have had
to try. Crime is prevailing everywhere.
Failure of the Military.
TT is a question for you whether
you are going to stand for the represen-
tation of Bulloch county as establish
ed. Are you going to enforce the
law? You have gotten a good deal OF
advertising by it. I don't expect any
of you appreciate it, l have gotten a
good deal of advertising myself, and
l know that 1 do not appreciate it
| anu DOpe YOU uOil l. dO L QOll / OCltCNS
it represents the sentiment. Therefore,
bring these matters plainly before
you for investigation.
1T is to be regretted that the mill
tary failed to perform their part. The
military authorities have in a court
separate from ours inforced so far as
they have authority the law. In this
investigation there was some effort by
some Of the military men to put the
~
| Even the court was brought in as eX-
citing the mob.
Now you know whether, or you can
| find out, or not the civil officers aid
| ed in this. If they did they are not
| exempt. If the court led that mob or
was responsible for it in any way, he
| is not exempt. So far as the military
| putting the responsibility on civil au-
| thorities, it was likely to make an eX-
| cuse for their failure to perform duty.
| l do not say that the military should
| have shot down any of your citizens,
| nor whether it was necessary for the
| protection of the prisoners, but that is
| not the question for you, as that has
| been rendered by other authorities. Ger
| tain citizens of your county, besides
| other counties, have been connected
| by the advice of the solicitor general.
| The Governor has got such informa-
| ton as he could get in possession OF
| and it will be laid before your body.
| Those who were connected with this
mob are guilty of murder. They are
| guilty of the same crime as the ne
| groes and can be tried for the same.
| II these parties should be indicted and
| brought before the court they will re-
| ceive a fair and impartial trial, and If
| they are not convicted by petit jury
| then it will not be your responsibility.