Anarchy and Lynch Law
The world has received an object lesson in the dignity, calmness
and promtitude of American criminal justice. Czolgosz perpetrated
his dastardly crime on Sept. 6th, he was immediately captured, placed
under arrest and protected from the righteous indignition [sic]
of an excited multitude. On Sept. 23rd his trial in the Supreme
Court of Erie County began, an intelligent jury was secured on the
first day, and the trial at once proceeded. On the 24th the case
went to the jury, and that body, after a seclusion of only thirty-nine
minutes, brought in a verdict of murder in the first degree.
Such a murderous attack, without personal
cause or motive, might well raise the question of the sanity of
the criminal, and he was, therefore, given the benefit of an examination
by distinguished medical experts in insanity who pronounced him
sane.
Eminent lawyers were appointed by
the court to defend the prisoner and these gentlemen from a sense
of duty gave the accused the benefit of their able talent; but there
was a noteworthy absence of all the vexatious, tedious and undignified
proceedings which too often characterize criminal proceedings in
this country. Jurymen were not rejected because they had read the
newspapers or had formed an opinion as to the guilt of the defendant.
Judge Lewis in addressing the jury
very properly said:
“It is charged here that our client
is an anarchist—a man who does not believe in any law or in any
form of government. And there are, so we are told, other individuals
who entertain that opinion. We all feel that such doctrines are
dangerous, are criminal; are doctrines that will subvert our government
in time if they are allowed to prevail.
“Gentlemen of the jury, while I believe
[242][243] firmly in that, I do not
believe it creates a danger to this country equal to the belief
becoming so common that men who are charged with crime shall not
be permitted to go through the form of a trial in a court of justice,
but that lynch law shall take the place of the calm and dignified
administration of the law by our courts of justice.
“When that doctrine becomes sufficiently
prevalent in this country, if it ever does, our institutions will
be set aside and overthrown and, it we are not misinformed as to
the state of mind of some people in some parts of the country, the
time is fast approaching when men charged with crime will not be
permitted to come into court and submit to a calm and dignified
trial, but will be strung up to a tree on the bare suspicion that
some one may hold the belief that they have committed some crime.”
While we agree with all the learned
counsel says in condemnation of lynch law we are also convinced
that a few trials in which the wheels of justice move with as little
friction as was the case in the Czolgosz trial would do more to
suppress lynching than a century of controversy. The main excuse
for lynching is the slowness, the uncertainty of the course of the
law and the inevitable resort on the part of the defending counsel
to all the technicalities and undignified methods which may be resorted
to in order that the ends of justice may be defeated. When weeks
are consumed in securing a jury, when it is sought to fill the jury
box with men so illiterate that they never read a newspaper or so
sordid that they never form an opinion, we need not wonder that
an outraged people, losing patience with the uncertainties of the
course of justice, should once in a while take the law into their
own hands and mete out punishment swift and sure to an offender
caught red handed in the act. A few straight, prompt business-like
trials like the one just completed at Buffalo would convince the
people that the law could be trusted to take its course and would
in a large measure put an end to the barbarous custom of lynching.
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