The Montgomery advertiser., 1904-05-13
NO COURT
 IN AUTAUGA. Judge I. 5. Sayre Writes to Governor. HIS VIEWS ON LYNCHING Will Not Now Investigate Gaines Hall Crime. Circuit Judge Believes HeinOus Crimep Could Be Suppressed by Deas- sS
 ing Appeals i'm Certain
 Criminal Cases.

Judge T. Scott Sayre of the Eff teenth Judicial Circuit, yesterday mail ed to Governor Cunningham a letter in which he courteously declines to convene a special session of the Au- tauga County Circuit Court to investi- gate the lynching of Gaines Hall, the negro who assaulted a white woman about two weeks ago.
 Tn this letter Judge Sayre expressly declares his sympathy with the recent utterances of Governor Cunningham on lynching. but says he doubts if has, ty trials accomplish the purpose for which they are ordered. He assures the Governor that he would be glad to comply with his request for a special session of the Autauga court, but he must be guided by his discretion un- der his oath and decline to do so.
 Judge Sayre takes occasion to ex- press unusually strong and positive views on the subject of suppressing heinous crimes. He declares his con viction that these crimes would be minimized if there were no appeals in criminal cases except where the con stitutionality of the law imposing the punishment is involved.
 Letter of Judge Say-re.
 The letter of Judge Sayre is as fol- lows:
 "To His ExcelIency R. M. Cunning
 ham. Governor of Alabama.
 Dear Sir:
 "I beg to acknowledge the receipt of two letters from you, one personal in its nature, urging me to hold a spe- cialeterm of the Autauga Circuit Court for purpose of Investigating the re- cent lynching of Gaines Hall an al- leged negro rapist, the other letter be- ing a circular letter addressed to all circuit judges, urging them to use their best efforts in preventing lynch ing in Alabama by promptly calling special terms of courts whenever the crime of rape or other like heinous. of- fense has been committed in their cir cult. There can be but one opinion as to the terrible effect of mob violence The mere fact that the law can be openly dened. with impunity, under any provocation whatsoever tends in- variably and inevitably, to lessen res- pect for all law. and all courts.
 There is no subject which should more constantly and seriously engage the deepest thought, not only of the executive and the judiciary, but of all law abiding citizens.
 'Lynching for the horrible and un- utterabie crime which. first, to many good citizens justified mob violence has so weakened public respect for law that lynchings are now resorted to to punish crimes, or alleged crimes. much less grave in character. Thus much have written that you may know how thoroughly concur in the spirit which prompted your communications to me If thought that calling a special term of court in Autauga county would tend, in the least, toward prevention of future lynchings, I would convene court tomorrow.
 T have thought long and carefully over your suggestions: I have tried to bring myself to entertain your views on the subject, but I cannot. It Is my discretion. under my oath. that must govern my action In the premises. I have sought to enlighten myself in every way possible. have earnestly canvassed the situation with a large number Of the most God fearing and law abiding citizens of Autauga, Res pect for law Is already weakened, and if. with bugle note and trumpet sound, the machinery of law is put in motion to accomplish published design, only to prove itself absolutely futile and helpless to effect the desired end. the reactionary results will he disastrous in producing contemptuous disdain for the law and it's courts.