The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-07-13
JUSTICE MISCARR|ES.
WORK FOR THE STATE BAR AS
ISOLATION.
Tho Miscarriage OF Justice, Which
s,- Begets Mob Violence ia Due More
10 the Resort OF Attorneys to
Tochnicalities Than Anything Else.
Special to The Daily Item.
SUMTER. S. c.

. Special to The Daily Item.
Columbia. s. c.. July s.-South
Carolina has been free of lynchings
now for several years, a condition of
things highly pleasing by contrast
with the record during the half de-
cade prior to 1908; but inquiry shows
that few more such verdicts as that
In the Johnson assault case from
Hartsville-especially II these ver-
diets be as vigorously repudiated by
local newspapers as In the case cited
from the Pee Dee-will practically
UNDO all that has been built up of
late IN the way of developing public
sentiment against mob law.
One who sees daily as many rep
resentatlve people from all parts of
tho State as does a newspaper man
working at Columbia cannot fail to
know that, much more generally
than In the too-recent past. public
sentiment I'm South Carolina, con-
Jemning alike the rule OF the mob
and the atroclous crime which most
Frequently provokes 1t. has crystal
lIzsd pretty thoroughly on the prop
osition that lynch law. not onis en-
dangers the innocent. brutalizes the
people who engage In Ut witness its
manifestations and breeds contempt
for the law Of the land. but also in
duces rather than prevents the re-
currence of crime.
In South Carolina there Is no
weak and misguided use of the par
doning power To complain of, but
ground of serious doubt does exist
whether the technicalities. delays
and failures of the criminal law are
not responsible for a tendency 20
usurp In times of excitement the
functions of the courts.
IL Is not a question of too many
courts or too few. Georgia has
supreme court, a court Of appeals
and twenty-six judicial circuits;
there Is talk of a twenty-seventh cir
cSit. Georgia is disgraced by many
fragrant instances of miscarriage of
justice through technicalities and in
consequence she has many lynchings.
South Carolina has only a supreme
court and twelve judicial circuits.
but she also is disgraced by many
fragrant instances of miscarriage of
justice through technicalities-and
also In direct consequence there is
undoubtedly raising its head again
the ugly spectre of mob law.
which for a time has seemed exorics-
ed once for all.
Herein Is the great opportunity of
the South Carolina Bar association.
No more useful task could that use
full and honorable body set for itself
than the working out of a compre-
henslve scheme for the thorough re-
form OF our whole criminal proce-
dure. We have clung to the forms Of
the old English law without taking
into account the radical changes
made I'm British practice at the be-
ginning of the current century. look
ing toward the simplification of jury
trials and the elimination Of hair
splitting tactics.
In one OF the most vigorous edito-
rial articles that has ever appeared
I'm the South Carolina press. Mr.
Thomas Hart COker. editor Of the
Hartsvillc Messenger. reviews all the
narrowing circumstances of the
Johnson case. beginning with the
commission OF the crime I'm December
1908. and traces IL through the te-
diOus legal processes since the first
trial the appeal. the second trial
nearly two years later resulting i'm a
sort OF Scotch verdict. guilty with
recommendation u the mercy Of the
court" and the sentence. 80 years I'm
the penitentlary MIR. COker recalls
too the fact the people Of nartsville.
wrought up Co extreme oxCitment and
indignation at the blackest OF crimes
committed on the wife of one of
thior best citizens, nevertheless tried
To do their duty Their respect for