The Chicago whip. (Chicago, Ill.) 1919-19??, 1922-04-01
1" JUDICIAL
LYNCHINC''
IS HALTED

CHARLESTON, ". Va. March 81
The mob spirit dictated this convic-
ton The bloodthirsty mob spirit
permeated the atmosphere OF the trial
and had its effect upon court and
Jury
The above quotation is from a unan-
imous opinion OF the West Virginia
Supreme Court of Appeals written by
Judge Frank Lively and handed down
Tuesday ordern ga new trial OF Harry
I.attimer, convicted in the circuit court
OF Mineo County on the charge of
raping an eight year-old white girl on
September o, 1921. The same day he
was arrested and within "a hours had
been indicted, tried, convicted, SEN
fenced TO be hanged and was on his
way to the state penitentiary, accord
ing to the records of the case.
The reason for this exceeding hur-
ricd conviction is apparent in the
statement from the circuit court which
has been made part of the record. In
this statement the Judge OF the circuit
court said Il knew that feeling was
running high against the accused in
and about the court house and had
some fear OF mob violence being in
lictcd on the accused if speedy justice
were not melted out to him by the
court
The mob spirit has dictated this
conviction said Judge Lively, in his
opinion The blood-thrsty mob spirit
pcrmeatcd the atmosphere OF the trial,
and had its effect upon the court and
Jury The defendant may be guilty;
that docs not concern US. But he is
entitled to fair and impartial trial. to
the calm, deliberate and uninfiuenced
Judgment OF his peers. Orderly and
constituted governments demands such
trial. 1t is a safeguard in which all
members OF society are interested and
which should be jealousy upheld and
guarded A judicial lynching is a
graver and more startling crime than
a lynching by an irresponsible rabble.
1t undermines the foundation OF or
DERBY government and Weakens respect
for law and order. There should be
no compromise with the spirit OF
lynching for any crime.
What we have said is entirely i'm
personal" he says, and is not to be
considered as rejecting upon the con-
duct OF the officials in charge OF the
case. The circumstances may have
'impe1lcd the choice OF what was con-
sidered the lesser evil The duty is
therefore imperative on this court to
annual the result brought about by
a choice of evils and TO preserve to
every member of society, however
humble he may be, or however guilty
he may be, the right of fair and i'm
partial trial"
Syllabus in Case
In the syllabus in the case. Judge
Lively said Where a person has
been arrested for an alleged crime,
committed on the day of the arrest,
and on the day following is indicted,
tried, convicted sentenced TO hang,
and Immediately taken to the peni-
Tertiary for that purpose, and it APP
pears that he has been given no time
to prepare his defense was assigned
counsel after he announced that he
was ready for trial and plead not
guilty, and the Judge certihes that he
knew that feeling was running high
against the accused in and about the
court house and that he had some fear
OF mob violence being inflicted upon
the accused if a speedy trial was not
had; and il appears that no witnesses
we're summoned Tor the defendant, no
motion made for change OF venue, I'M
proper evidence admitted on the trial
without objection on the prisoner :
part. and feeble and perfunctory de
fcnse interposcd the appellate court
will set aside the verdict and award
The prisoner a new trial, because he
ha, not been accorded lair and i'm
partial trial