Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1906-03-30
ILLUSTRATES JUSTICE BREWERS
ARG UMENT.

The recent lynching case at Chattanooga
seems likely to assume critical importance
in our history from the sharply defined issue
1t presents. The processes OF Judge Lynch
have overborne the authority of the Supreme
Court OF the United States, and the question
has been sharply proposed whether Federal
law, as well as State law, can be thus defied
by mob violence. Two sets of prosecutions
against the lynchers are said to be impend-
ing-the Department OF Justice has taken
up the case from the standpoint OF the
criminal law, while the Supreme Court will
deal with the question of contempt by lite
own processes.
In these proceedings all the details Of the
affair will probably be given full considera-
ton, and the case can hardly fail TO excite
discussion on the general subject Of lynch
ing and the causes of It's prevalence. It Is
interesting to note that the Chattanooga case
presents feature which one OF the Justices
OF the Supreme Court Itself has singled out
As being &C efficient cause. Justice David
j. Brewer has recommended that the right
of appeal should be abolished "As one means
of checking the fearful habit Of lynchlng."
In reply to criticisms on that position, he
contributed an article to the Independent,
In which he showed that the right of
appeal was simply statutory privilege,
which the State may give and the State
may take away, and that experience has
shown that speedy justice was essential
to the suppression Of crime. Speaking OF
the delays interposed by appeals on techni.
cal grounds, he remarked: SIS II strange
that community incensed by some afro
cious offense, aware OF the common expert.
ence Of criminal proceedings, takes the law
In Its own hands and summarily Furnishes
the offender"
Whether or not there were substantial
grounds for the stay OF proceedings In the
Chattanooga case. which was Immediately
followed by the mob outbreak, will doubt
less more clearly appear hereafter than 1t
does at present, but II is certain that there
have been q series Of appeals In the case.
The crime, which was as atroclous as any
that ever prompted mob vengeance, took
place on January %. The trial OF the &C.
cused began February 8, and he was con.
victed. Appeal was taken TO the Supreme
Court OF Tennessee, which refused 10 grant
new trial, holding, in written opinion,
that there had been no error Of procedure.
The case then went before the United States
Circuit Court, at Knoxville, on application
for writ OF habeas corpus. which was de-
MED. The original lawyers Of the accused
had retired from the case, and the later pro.
ceedings were carried on by two negro law
yers who had interested themselves In It..
They took an appeal from the decision of
the United States Circuit Court In the habeas
corpas case, and It was allowed by Justice
Harlan, whose decision was telegrsphed
from Washington on March IS. The exc
cution of the accused had been fixed for the
next day, and on the night OF that day the
mob broke into the jail. took out the pris-
oner and killed him.
1t therefore appears that the case affords
astriking illustration OF the point made by
Justice Brewer, and will tend 10 direct at
lention 10 this phase Of the subject Bdlto.
Mans