The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1916-04-09
State Court Judges and Lynch
ings.


Icy treated the subject in an alb
fashion. reference TO which was mao
in an extended way in these column
a few mornings since. In his chars
70 the federal grand jury in August
on Thursday, Judge Emory Speer d
voted himself 10 a broad discussio
OF the subject. in his usual iDtcres
ing and able manner.
Judge speer is of the opinion thu
the great majority of lynchings
Georgia can be traced to those sup
rior court judges in the statc-an
there are many of them-whO maxi
no effort 10 punish lynchers and otI
err forms Of lawlessness. Discussin
the matter with the grand jury at A
gusta, Judge Speer said:
The heart of the great mass Of
American people Is law-loying and
law.respcctinR. Il IS a religious
people, strongly religious pco-
pie. Take the plain men from the
country. or from the city, the
old fashioned Baptist and Metho-
dist and Presbyterian, and every
other denomination, men who have
standing IN the community. who
have wives to project and chill
dreu 20 rear, and they are just as
soicitous for the enforcement of
law as they ever were; but the
lynching continues. and | think
one great cause Of all this Is that
the judges do not appreciate
their duty and the power which
they exercise. Every man who is
held under ihe process Of a court
is entitled to the protection Of
the court, and n judge does not
need to summon jury, which
may be sympathetic with the
lynchcrs, some member OF whom
might have taken part in the
lynching.
Men convicted or accused are
entitled to the protection Of the
Judge, the prot ,il5n Of the court.
Process of contempt may issue,
and my word for il, il those mem
hers OF the lynchers only knew
OF certain that they would suffer
oven Il fine Ji $50 apiece there
would be 10 lynchings. You see no
lynchngs OF prisoners OF the Unit
cd States courts. never heard
Of any. The law Of the United
States gives to the judge an I'M
limited power to punish for con
tempt. lie caunot both fine aud
inlprison, but lhe fine or imprisOn-
menl Is in the discretion of the
court. My word for 1t. gentlemen,
that If prisoner held under the
due process of law, and put TO
death or otherwise deprived of his
rights II identification could BIS
made by proof. | would, il neces-
sary. fill the United States peni-
tentiarv of Atlanta with the lynch.
crs. That would stop t. The su-
perior court judges can stop il. II
tcame TO as from oklahoma the
other day whore Judge was try
ing ease, the evidence had just
been concluded, that u mob sciz-
ed the prisoner and carried him
to balcony, tied rope around
his neck, and hung him until
dead. right there in the presence
Of tho court.
| know of at least two such cas-
es that have occurred in our own
state. why has the Judge not
acted2 II an Indictment by the
grand jury could not be obtained,
Ii a verdict OF jury could not he
obtained. surely the judge, IL he
has got what Sir Walter Scott in
one OF his novels calls the pith OF
cat" has got the power TO act
aud can act with great effective
ness.
The statement that federal prisone
in Georgia are never lynchod, bccau
Of the certainty in the minds OF Il
members OF the mob that dire pa
ishment is sure to follow the act
as well as remarkable. II
Judges OF the state courts are CLOTH
with the same power as relates to &
protection of prisoners, in the
courts, as is conferred upon the f
eral judges and if they fail to mvo
this authority, then most certain
they are largely, il not wholly,
sponsjblo for the crimes that folio
There is no getting away from I
fact that every man, however gre
or however humble he may be, "
is in the custody OF a court. whetl
before or after indictment or whott
before or after convection, that NJ
is entitled to the protection of Il
court and The court has ample pow
and authority bohind him TO guar0nl
such protection, Whenever citiV
incites a riot; Incomes member o
p,ah. p,,fS Ia douth Ve{thput legal