State

Lynchers of the Law There was a lime when lawlessness of I his nature was fairly frequent in North Caro¬ lina. hut the determined efforts of leading citizens WHERE a lynching occurs the offense is not so much against the person lynched as against the outraged majesty of a sover¬ eign State. Recent bills in Con¬ gress penalizing a county in which a lynching occurs serves to recall the fight waged in Carolina against lynchers of the law. and the means used to bring this fight to a vic¬ torious conclusion. There has never been any ex¬ cuse for lynching in any case which has come under my observation, as I have never known or even read of a case where a lynching occurred after a jury had acquitted the accused. All must agree that the fundamental principle in Eng¬ lish jurisprudence which requires acquittal unless the jury is con¬ vinced of guilt beyond any reason¬ able doubt, should be adhered to in all cases, especially where life and death is involved as it is in capital felonies. For in any case, no matter how atrocious the crime, the vital question is not whether a crime has been committed but whether the accused is guilty there¬ of. If the accused is guilty, the jury will so find and the orderly processes of the law will impose adequate punishment. On the other hand, if a jury should find the accused not guilty, this should satisfy any right thinking person that there is at least sufficient doubt of his guilt to stay the hand of a would-be mob. Some Narrow Escapes While I know of no case of a lynching following a verdict of not guilty, I have known of more than one narrow escape by innocent men hastily adjudged guilty with¬ out trial by an unthinking mob. I recall especially one case where a white man was saved from a mob only after desperate efforts on the part of local officers, assisted by appeals from prominent citizens. Prompt trial resulted in prompt conviction and the imposition of the death sentence. Yet on appeal the supreme court not only found error in the trial below and awarded a new trial, but in its opinion suggested that the evidence finally |>ut a slop to it. By It. C. LAWRENCE for the State was so manifestly untrue in part, and so utterly un¬ convincing in character, that the Solicitor would be warranted in taking a nol pros — which course the Solicitor followed. From 1882 to 1900 Carolina had the least lynchings of any South¬ ern State, but the bitter political campaigns of 1898 and 1900, the “Rod Shirt” campaign, the adop¬ tion of the "grandfather clause," the elimination of the Negro as a political influence, caused a re¬ vival of racial antagonism, and when Aycock became Governor in 1900 he had to resort to the use of troops on no less than fifteen occasions. Public sentiment was not then aroused to the danger and did not fully support the Governor in his determined efforts to con¬ trol the mob. Although in one case he offered rewards aggregat¬ ing $30,000, not an arrest was made. Even in his home county of Wayne, where there had been a lynching, the Coroners jury after a perfunctory verdict that the deceased came to his death at the hands of "unknown persons," went on to record their belief that in view of the crimes committed by the deceased, these unknown persons would have been recreant to their duty if they had not killed him! Governor Glenn’s Attitude Upon his inauguration, Gover¬ nor Glenn served notice that he would use all the power of the State against mobbers, and the opportunity soon came where this firm attitude was to be tested. In Anson there had been a lynching, and one member of the mob, too drunk to remove himself from the scene, had been recognized and reported. Spurred on by the vigor¬ ous determination of the Gover¬ nor, a number of arrests were made, the cases were moved to another county, and there was vigorous prosecution. Although the trial resulted in acquittal, this case really proved the turning point in the fight against the lynch¬ ers. as it gave widespread notice that such gentry would not be allowed to go free after but a per¬ functory hearing. In July. 1906. there was an especially brutal crime near Salis¬ bury, and a special term of court was called for the trial of the five accused Negroes, which was to be presided over by Judge B. F. Long of Statesville, noted for his firmness and courage in the ad¬ ministration of criminal justice. Court met with the jail guarded by the militia, which had been ordered not to fire in the event a mob should form. The result was that a large mob overwhelmed the troops, dynamited the jail and lynched ihree of the prisoners. But the fearless Judge was not to be intimidated. Resolutely he re¬ fused to adjourn his court until the lynching had been investigated, and he courageously charged the grand jury to do its duty without fear or favor. As the result one Hall was indicted, tried and con¬ victed and sentenced to fifteen years at hard labor in the peniten¬ tiary. The lynching occurred Monday night; Hall was serving his sentence at the close of the week. The Judge well said: "God still reigns and the law is still supreme." The good effect of the Hall case is seen when we remem¬ ber that during the six years which ensued, there was only one lynch¬ ing in the State. The Needleman Case In 1925 one Needleman was brutally treated by a large mob. The Governor sent another coura¬ geous Judge. Neill A. Sinclair, to handle a most difficult situation. His fearless conduct and vigorous investigation resulted in speedy indictments and within six weeks twenty-four mobbers p le a d e d guilty and five others were con¬ victed. Sentences ranging from thirty years at hard labor down to (Continued on page 26)