The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1911-07-13
By Herman Wettstein.


state, and by at least one prom
inent judge, concerning the recent
lynching affair in Walton County,
that they deserve the widest circula-
ton, for they think Of the evil at the
root, and if acted upon by our legis-
1ature will make these lamentable
occurances as rare as in European
countries.
First of all I would quote from a
communication from Judge George
Hillyer in the Atlanta Constitution of
July 3rd, who takes the identical po-
sition I have been advocating for
years for the prevention of all man
ner of mob violence. He says in
part: ''The real fault, certainly the
greatest part of the fault lies in the
forms of judicial procedure under
which there are SO many technicali-
ties and delays that when one Of
these horrible crimes occur, good
men in the community have not suf-
fcient assurances that the course of
the law will result in administering
the needed punishment. These de-
lays are not the fault of the officers.
They are the fault of the laws. 1t is
easy to amend them and to give the
courts and the officers the needed
power so that the verdict may be
speedy and true and be promptly
executed.
"The people know that when one of
these assaults occur, that the case
may be kept in the courts by slow and
cumbersome methods for new trials
:. and in the meantime the prisoner
may escape, or the witnesses die or
scatter Cor be bought off, H. W.
or pardons may be granted, and so
justice may never be done. And
every time the case is tried, the poor,
innocent gentle girl or woman-vic-
tim of the assault has to appear pub
licly in the court house and in the
presence of curious strangers, tell
the whole horrible story over and
over again"
If she tells it once, and indentifies
the culprit so that there can be not a
particle of doubt of his guilt,
shouldn't that be sufficient to admin
lister justice on the spot by the duly
authorized officers, and SO keep the
enraged populace from taking the
law into their own hands?
Further on, Judge Hillyer suggests
to have an immediate, open and fair
trial by an intelligent jury, and when
a true verdict is found, let it be fol-
lowed by the immediate execution of
the penalty-the just penalty such
as the law pronounces against such
evil-doers, and my word for it, both
the crimes of rape and the lynchings
will nearly or quite disappear, and
no longer occur as a reproach TO our
civilization.
"Can we ever forgive ourselves if,
in conflict between the military
and the mob, several lives are lost
a thing sure to happen if the legis-
lature does nothing? Can anybody
deny that, as was said by one of our
great religious bodies, our laws
should be so amended that all men
may know the courts have both the
will and the power TO do sure and i'm
mediate justice in every case?"
From the editorial comment in the
Constitution I quote the following
remarks:
Legal technicality-that is the
substance of blistering Indictment
by Judge George Hillyer upon the
Walton County double murder.
''When man of his judicial mind
excorriates a frailty of his own prof
fession, it is time for the younger
generation to take heed of the coun-
col 0f q natriarch He shows that