The Montgomery advertiser., 1909-04-04

from every point Of view. It was .
most unfortunate verdict.
I It aid not infIict adequate punish
ment on the criminal. He n1ay wear
stripes ami do steady work without
6hy senso OF shame or herdDhfp. The
chief puntshment to one OF his type
will be. he cannot ride Q plantation
mule to crap game on Saturday night
and to meeting on Sunday. II he be-
haves himself, he may be pardoned and
tkcn he can do similar work again.
while his place among his- fellows win
be more distinguished than IL he had
always stayed at home. know .
negro church In another State. on
whose official board are six men who
have served terms IN the penitentiary.
I am not sure that their service to the
state helped them to the plase Of
honor. It certainly did not stand In
their way.
This verdict IL equally unfortunate
from the standpoint Of the community.
The law-abiding people about Fauns-
dale will not feel the same reasons for
restraint when another brutal murder
er Is In their hands. Very eloquent
pleading will be needed to convince
them that he should be passed on to
the courts. Not less hurtful Is the in
fluence upon the masses OF ignorant
lions.
I have been in public life In these
Gulf states upwards of thirty years.
and am convinced that this failure
to secure justice In courts leads to
more iynching. than all other causes
combined.
This defective work 10 shown. t1) In
the persistent determination to shut
out competent Jurors. A thoughtful
observer In a court room while counsel
select Jurors lie Obliged to conclude
that Intelligence. culture ana q capaci-
ty to receive and weigh evidence are
positive disqualifications. While stu-
pidity. ignorance and a previous indif-
ference to public affairs--these traits
seem to prepare a man for this high
and sacred duty Of citizenship. II. in
addition, he cannot read or write. he
comes as near to the ideal Juror as we
can reasonably expect In this twentieth
century,. A. jury composed of such men
Is not Qualified to pass Judgment on .
Maynard mouse.
This defective work Is shown. ca
In so often giving the right OF way to
pleas based on technical objections. and
clerical errors and omissions. which do
not touch the merits of a case at ALL
II nothing else can be done. case can
be postponed. And In the mind of an
average negro. an indefinite postpone
ment is nearly or quite equal to an
acduittal.
| shall not soon forget an interview
I once had with the leader Ct mob.
I urged. him to let the court do the
work In a legal way. I said that Ms
course would hurt the community more
than II, could the victim: that the
the safeguards which civilization put
about US. etc. He admitted It all. but
insisted that brutes of the type they
were going to hang would have the
community by Its throat. II they only
realized their power. More than this.
there woulj be difficulties in tho way
Of conviction.
AS a professional man he knew a
way in which trial could be post
poned. and there were men who. for
money. would secure this. And they
dared not allow the influence OF this
to reach the thousands OF brutes that
were about them. This mob had
counted the cost. ana in the morning
saw the criminal hanging 70 a tree
in the court yard.
Not five years ago young man was
/, relating to a circle of friends. how he
hal recently won q case In court. His
client was undoubtedly guilty. but the
opposing counsel had been caught nap
ping. and he secured an acquittai and
triumph for himself. One of his
friends. whose straight way OF looking
at things had not been touched by pro-
fessional work, asked him II he did
not think that his place as a citizen
was compromised by such a triumph.
He replied that he guessed not. He
had to make livingi This Is precise
ly the sort Of argument the brigand
uses. The outlaw Is simply trying to
achieve success In his chosen calling:
whether he takes the travellers purse
or his life. or kidnaps a consul with
this difference he is not striking a blow
at the heart OF our civilization.
In view of the facts I have written.
I repeat the statement made in the be-
ginning Of this letter that no state In
the Union has greater reverence for
law than this state Of Alabama.
Faunsdaie. Ala.