The Farmville herald. [volume] (Farmville, Va.) 1890-1934, 1906-04-06

ly because 10 ignores the restraints
which society has found it necessary
10 assume for It's protection and tends
90 \ condition Of anarchy or course,
there are many special objections to
the methods Of the mob aud what is
known as lynch law. Yet, II cannot
be successfully argued that this form
Of violence came into existence WIN
out great proVocati0n. w hen the
rude pioneers of the Pacific coast took
the law into their own hands more
thar half a century ago, they did so
because the law was apparently not
held i'm respect log those entrusted
with its execution. It'll, conceded that
the summary methods adopted had a
wholesome effect and the indications
are that history will deal kindly with
those who restored respect for orderly
conditions in q disOrdeTly way. At "a
still later period horse thieves on the
western plains were swung mp with
out Judge OF jury and there has never
been any extensive manifestation of
horror ON account of it.
We have am idea that q dread Of the
laws delay and some Of its peculiar
processes esteemed az abhouent in
cases of brutal assault first suggested
this unfortunate method Of dealing
with the perpetrators Of especially re-
voting crimes. We do not regard this
as eXcusing the mob. We only mean
10 indicate the belief that lynch law
was not instituted without reason.
luexcusable i'm the first instance, II
has been carried tOalarming extremes.
However, there has been a noticeable
abatement IN this form Of violence in
the last year or two and every revival
Of 10 Is regarded as am occasion for spe-
cial regret.
one Of the latest instances 10 attract
attention is that Of the lynching Of a
negro i'm Chattanooga who had been
convicted OF a most revolving crime.
AtrOciOus as was the crime OF which
the negro was accused, he had been
given an orderly trial, was found
guilty and sentenced 10 pay the death
penalty. An appeal was taken 10 The
Supreme Court Of Tennessee which re-
fused 10 grant a new trial. The case
then went before the United States
Circuit Court al Knoxville on an ap-
plication for a writ Of habeas corpus.
This was denied. At this point, IL
appears, the original lawyers for the
accused dropped out Of the case and
two negro lawyers took il up and car
ried the case 10 the Supreme Court on
an appeal from the decision OF the
United States Circuit Court. This APP
peal was allowed by Justice Harlan
the day before that fixed for the exc
cution. Directly after that the mob
got busy and the negro was taken
from jail and killed.
Speaking Of delays brought about
by appeals on technical grounds, JUS
tice Brewer, Of the Supreme Court,
once prOpOunded this suggestive ques-
ton: as it strange that a community
incensed by some atrOciOus offense,
aware Of the common experience Of
criminal proceedings, takes the law in
its own hands and summarily pun
ishes the OfTenders?n This is some
thing to think about. Delay is dan
gerous, especially i'm some cases, and
we suspect that there is too much Of
il in all classes Of ca, es. There ought
TO be some way 10 stop IT,
There has been much written on
this Chattanooga case, but we have
seen nothing so sensible and true in
matter and manner as these Obserya-
tons Of the Register. We especially
commend them 10 some Of our news
paper brethren who are going into
spaSms because Of this lynching, and
calling for extreme punishment to be
inflicted upon the law breakers.
What are the facts i'm this case ?
This Chattanooga negro had been ac-
cused of one Of the most a'rOcious as
saults ever committed on white wO-
man. lie was arrested, was tried by
regular process Of law in a perfectly
orderly way, was convicted after a
fair trial, and was condemned TO be
hanged. The public, deeply incensed
at the crime, made no attack on the
negro. The law was allowed to take
its course. An appeal was taken to
the supreme court Of Tennessee and
was denied. IL was to be supposed
that this would end the case and that
the negro would pay the penalty for
ms awful crime.
But a new move was made. An
appeal was taken to the United States
Circuit Court, and here also it was de-
MED. An appeal was then taken to
the United States Supreme Court and
was allowed by Justice Harlan the
day before that fixed for the hanging
What impression was made upon "a
law abiding public2 First, that jus
tice was to be defeated and a worse
than murderer 90 free; and second,
that this blow at justice and at the
community was struck by a Federal
court that had no more right to inter
fere than it would have had i'm laying
its heavy hand on the Court Of APP
peals Of Virginia and unlocking the
prison door for Samuel McCue.
There is a growing conviction i'm
this country that the courts by undue
delay are strengthening the hands Of
law breakers and weakening the
hands Of justice; and that the legal
profession is more concerned to see
that the technicalities Of the law
shall be protected than that the in
jured shall be. And this conviction
has not grown out Of the Imagination.
1t could have grown only from facts
which have in some measure justified
the conviction.
The people Of Chattanooga are not
a mob, the Chattanooga Times and
some Of our Richmond contempora-
ries to the contrary, Notwithstanding.
And the great majority Of the people
Of Chattanooga are today in sympa-
thy with the men who lynched the
criminal. We do not commend the
act Of these men. But they were un-