Phoenix tribune., 1919-08-30
WHITES TO Be TRIED
FOR LYMCH|NG Of
BLACKS N TEXAS
Especial to the Tribune.l

nigan, indicted for murder by the
Upshur county grand jury Aug. l as
the result of the lynching of Chiffon
Jennings in this city July "a, have
been transferred for trial to Dallas
county. The cases of Charlie Lans-
dale, William Howell and Tom Lay,
| indicted for the same crime, the lat
ter being indicted Aug. IA, will be
tried at Canton, Van Zandt county.
A second indictment against William
| Howell was brought in accusing him
with the killing of Dave Reynolds, who
was run down by man on horse
during the excitement Tracy Flanni-
gan lives in Longview and the other
indicted men in Gilmer. All the in
dicted men are out on $4,000 bonds.
The indictment of these men for
murder in connection with the lynch
ing of Negro accused of assault on
a white woman is said to be the first
indictments under similar circum-
stances of record in the South. In
making his charge to the grand jury
Judge Warren said in part: Il.
You and l, now, gentlemen, are
facing a test. l have a duty to per-
form, you have duty TO perform. The
law provides certain machinery for
the trial of cases and for the enforce
ment of the law. You are a part of
that machinery, as much so as am.
In the case of any kind of machine
that is made for certain purpose, IL
one part of it does not properly func-
| tion and will not operate it destroys
the usefulness of the whole. 1t is the
same way in this case.
Have Duty to Perform.
"In this case this unfortunate oc-
currence, this outrage upon law and
order, occurred here, in the town of
Gilmer when there we're thousands
of people upon the streets. AS l said
to you while ago, l did everything
that | could under the circumstances
! tC prevent the tragedy. talked to
the people, gave them fair warning
and urged them to let the law take
its course. Now, those that saw fit
to take the law in their own hands
were violators of the law, and there
is no excuse for this grand jury, If
you find who they were, not to pre-
sent them by proper indictments.
Il say we all have our duty to per-
form. l expect to perform mine to
/ the very letter, to do my duty in the
matter, and if the parties who par
/ ticipated in this matter go unwhipped
of justice it shall not be upon nay
conscience nor can it be laid at my
door.
"Our law provides that no man can
be prosecuted in the state of Texas
for a felony except upon an indict-
ment duly presented by grand jury
that has been duly organized You,
gentlemen, have been organized as
the grand jury of this county, and no
party can be prosecuted in this court
for felony until you have indicted
the party that is to be tried.
Now l want you. in calm and
dispassionate way, to use your calm
and deliberate judgment don't want
any man presented because of any
prejudice, or on any mere rumor or
suggestion that he had anything to
IN with hot oh 7 ~ 20 how
the evidence in the case before you
present any man. l want you to find
evidence that is reasonably sufficient
to show any party you may indict to
have been connected with the offense.
You are not a trial court, however
When a man is indicted and tried be-
fore petit jury, he is then con-
fronted with the witnesses and has
his counsel to represent him, and he
is tried under the rules of law so far
as the admission of testimony is con-
cerned. You, however, are not hedged
about with technicalities, and l want
you to go right to the very meat of
the matter and ascertain who it was
that took part in that unfortunate and
deplorable transaction.
Will Not Tolerate offense.
'T want you. gentlemen. to investi-
gate this matter thoroughly. You know
as well as I that none of us has any
sympathy whatever for mana
brute-that will commit the offense
of rape upon white woman. We do
not approve of murder, we do not ap-
prove of any offense that is made
penal under criminal laws. but the
law is made for the purpose of pun
ishing the criminal. and when man
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