PAGE TWELVE
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North Carolina Crushes Mob Rule
Campaign Against Lynching Lands Scores of Citizens in Jail; “God Save the State That
Has to Depend on Mobs to Protect the Women.”
Wm. H. Richardson in Dearborn In
dependent.
It requires no stretch of the'lmag
ination to visualise the succession of
striking victories for law nnd order
recently won in North Carolina. This
state, when it awoke to a realization
of its economic possibilities, after
years of torpidity, set in motion pro
grams that attracted nation-wide at
tention. The awakening, which was
the result of the leavenjftig influences
of education, was attended by the
birth of a new spirit which found ex
pression not only ia material advance
ment nnd educational achievement,
but also in the establishment of high
er human relationships. The physical
proved to be incidental; tbe spiritual
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THE CONCORD DAILY TRIBUNE
[factors involved became dominant.
In the suppression and punishment
of mob rule lies North Carolina!*
greatest achievement. Tbe utiliza
tion of material things for thm ad
vancement of the people and to pro
mote their happiness was, of course,
commendable. However, all that was
required, once this state was educated
to the point where it realized Its
needs, was that the abundant supply
of available natural resources be cap
italized and pres.v*Ml into service. But
in the great moral crisis that waq at
hand creative forces were brought in
to-play. It has been seen that there
was something at work besides mere
ly a desire cu the part of an Ameri
can commonwealth to be materially
great
A handful of soldiers, sworn to help
maintain order, can disperse a mob.
because a mob is coward. But it re
quires community and judicial cour
age to punish those who constitute a
mob when they are apprehended.
For nearly five years there has not
been a lynching in North Carolina.
The last one was during the summer
of lid. The probable formation of
numerous mobs, however, has been
prevented by tile use of troops at the
first sign of trouble. Yet, in spite of
all precautions, there were two nota
ble outbreaks during 1025. jn each
instance the offenders were not only
rounded up by the law but were trifid.
convicted and imprisoned, a thing
heretofore unheard of to any great
degree, in this wholesale victory for
law and order North Carolina won
the plaudits of the entire nation..
Between April 1 and November 15.
1025. threescore men were arraigned
in the Superior Courts of North Car
olina for alleged participation in at
tempted mob rule. That they should
have been arrested at all was an inno
vation. Convictions and the imposi
tion of prison sentences resulting front
these tr : nls not only attracted favor
able attention abroad, but served as
a warning at home. In other words,
the world now knows that North Car
olina will not. under any circum
stances, tolerate mob rule. The laws
of the state must be respected, and
those who attempt to administer
them outside of courthouses do so at
their peril.
Experience has shown that a mob
is a coward, not only collectively but
individually as well. Os the sixty
North Carolina offenders arraigned in
court during 1P25, many threw up
their hands and did not even offer to
put up a fight when they found them
selves in the meshes of the law. Their
plea was for mercy, a virtue that they
themselves had been unwilling to ex
ercise while acting in the beat of pas
sion. This was strikingly true in one
case where the mob proved to be prob
ably the most unmerciful of any that
ever assembled in North Carolina,
when it took a white man from jail
and inflicted a form of punishment
to which death would have been pfer
erable to most men. While the major
ity confessed, some held out and were
| tried by juries and sentenced to terms
| ranging from a few months on the
roads to thirty years in the state's
I prison.
The thirty-year man, whose sentence
was equivalent to the maximum im
posed in North Carolina for second
degree murder, appealed his case to
the Supreme Court. He lost. The
opinion affirming the verdict and
judgment of the lower court was a
scathing denunciation of mob rule and
a declaration that it must be forever
driven from the state.
Members of the Supreme Court
who passed on this appeal and con
curred in the written opinion decid
ing it against the prisoner were: Wal
ter P. Stacy, chief justice, and W. J.
Adams. George W. Connor, Heriot
Clarkson and L. R. Varser, associate
justices. It might be added that each
of these gentlemen is an active mem
ber of the church. Chief Justice
Stacy teaches one of the largest Meth
odist Sunday School classes in the
South. Associate Justice Varser,
since resigned, taught, during his
residence in Raleigh, one of the larg
est Baptist Sunday school classes in
this section. Associate Justice Clark
son is an active Episcopalian, having
served as senior warden'in St. Peter's
Church in Charlotte, which lmH fur
nished the diocese of North Carolina
with two bishops. Os the remaining
two. Associate Jqstice Connor is a
devout Episcopalian, and Associate
Justice Adams a devout Methodist.
By far the most dramatic battle
and brilliant victory for law enforce
ment ever waged and won in North
Carolina took place in Asheville, in!
Novejnber. 1025. A series of heinous!
crimes had been committed there and J
the spirit of resentment against the!
perpetrators was at white heat. Fol-1
lowing the arrest of a Negro suspect, j
an unsuccessful effort was made to
storm the Buncombe jail, where he
was thought to be confined, in order
that he might be removed and lynch
ed. But the Negro was not there. He
had been removed for safe-keeping.
Later, a Recond Negro was arrested
charged with a capital offense against
a white woman.
When the Superior Court met to try
these cases. Governor Angus W. 'Mc-
I Lean ordered the Adjutant General to
proceed to Asheville, with definite in
structions to take charge of the situa
tion and preserve or«jer at any cost, 1
calling to his assistance as many state,
troops as should be necessary. Two
units were summoned and served un-.
til the trials were’concluded.
One of the Negroes was Convicted;
and sentenced to be electrocuted.
Twenty-nine white men who were at-•;
!egr*d to have been leaders of tile mob:
that attempted to take him fnmi jail, j
or would have attempted it if he had I
I not been removed, Were placed on'
j trial. They were not tried for taking
the Negro, because they did Dot getj
j liiml but for taking the law in their'
own' hanefs. Eleven were convicted
and nine pleaded guilty. Four were
I sentenced *> terms In the State’g
f■' . 4
. if
prision and eleven to terms on the
county roads. Suspended sentences
were imposed on tflf remaining five.
The most remarkable thing about the
whole proceeding was that one of the
Negroes was acquitted, even though
the community was stirred up to a
point where it was thought that troops
might be necessary to preserve order.
This Negro was tried inside a circle
of bayonets. The governor, sending
the troops, had declared that the law
must take its course. Although he
was identified by the prosecutrix, the
prisoner set up an alibi that stood the
lest and was believed by the jury. He
appeared in eourt without counsel, and
Judge A." M. Stack, presiding, ap
pointed O. Lyle .Tones, a former :fate's
solicitor, to defend him. Altlio ir > it
did not know what affect its action
might have, the jury acquitted tbe
N'egro and he was afforded protection
until he could leave the community.
From the bench Judge Stack .nude
the following comment: •
"Thnt was the worst mob T ever
heard of. God save the state that has
to depend upon mobs to protect its
women. The women of North Caroli
na do not have to depend upon mobs
for their protection: the law will at
tend to that. What the officers need
ed down there that night were a few
machine guns. North Carolina must
put more red pepper in its handling of
criminals.”
When the doors of the Buncombe
County jail closed belliml the convicted
and sentenced mobmen. North Caro
lina. in its persistent tight for the
abolition of mob violence, had won a
notable victory. It had sternly con
tradicted tlie erroneous impression so
often expressed in many sections that
a Negro could not get a fair trial in
the South; it had set at rest any re
maining doubt as to whether niobbers
could be convicted.
Although six thousand persons sign
ed petitions asking executive clemency
for the self-confessed and convicted
Buncombe County mobmen, Governor
McLean, on February 10. 1026. flat
ly declined to interfere with the pris
on sentences that had been imposed.
Petitioners informed the governor that
the families of these-men wer suffer
ing. Whereupon, the chief executive
officially called on the mayor of Ashe
ville to seek aid for them in that com
munity. informing him that in case!
this plan did not work he (tlie gov
ernor) would help bun to secure out
side aid.
"I regard these cases as of unusual
importance." Governor McLean wrote
tho Asheville mayor, "because they
represent a concrete example of law
enforcement. While the law must be
vindicated by the punishment of those
who showed contempt for it. consider
ation must be shown to the innocent
members of their families who are
likely to experience inconvenience dur
ing the time tlie necessary processes
of the law are in operation.”
Governor McLean's statement, is
sued when he definitely and finally re
fused to extend clemency to the im
prisoned mobmen, will go down as one
of the really great state papers in
North Carolina.
"The families of these prisoners
have my deepest sympathy.” declared
Governor McLean, “It is an unpleas
ant duty to decline these applications
with the full knowledge of the distress
that may result even though the pris
oners themselves be responsible. I
am sure the good citizens of Ash<o
ville. the churches, the civic organiza
tions and others interested in human
welfare will see that these unfortu
nates are provided for."
Then, the governor turned his guns
on lawlessness, and declared:
"When the State of North Carolina
takes a prisoner into custody it then
becomes responsible for his safety and
that responsibility remains until his
case is disposed of in accordance with
law.
"A prisoner in custody of the law
is entitled to the same protection as is
the judge on the bench, or the solici
tor who represents the State in the
prosecution.
“In this instance the State of North
Carolina went to great expense in or
der that the prisoner in question
might be given a fair and impartial
trial. The National Guard of this
State was called into service at the
expense of tlie taxpayers. The pris
oners (mobbers) sought to destroy the
very process of government on which
they now rely. The governor is the
instrument of the law just as the jail
is the instrument of the law. They
were given a fair and impartial trial
I and convicted by jurors chosen from
1 their fellowmen. The sentences im
] posed, it seems to me, were eminently
! fair and just and might easily have
, been more severe.
I “Those who are asking for clemen
|cy for these men should remember
that the crime they committed was
one of the most serious known to oar
law —serious because the sovereignty
of all the people of the State was
trampled underfoot and insulted by
the mob when it attempted to take
the law in its own hands, “in a
democracy like ours, the laws and the
courts set up for the enforcement of
the laws represent the true sovereign
ty of the people, beoause the people
can only express their sovereignty
through the laws that are enacted by
their representatives for the protec
tion of society.
“No question of mere sentiment
should enter into a case of this kind.
Sentiment should be all upon the side
of the people whose sovereignty was
, insulted. No man can calculate the,
damage thnt may be dope to the goc- 1
•j name aDri fame of North Carolina by
even one lynching, and the only way
j to suppress lynching is to let those
I who engage in it understand that they
will be punished and punished severe
ly"
j As to the Negro under sentence of
death, the woman he was jvnvicted of
having assaulted wrote the, governor a
. letter asking that life ■ imprisonment
i be substituted for the death penalty.
However, Governor McLean stated be
would take no action until the prison;
er’s appeal had been passed 'on by the ,
Supreme Court. ,
Sentiment for law aqd order in
North Carolina is confined to no one
sect'on of the state. The events justr
outlined occurred in the state’s most
cosmopolitan city, located near the
western porder of the state. In the
purely homogenous east, nearly 400
miles from Asheville, a less recent but 1
equally striking example of judicial
courage and community sentiment
against lynch law occurred at Wil
lininston. in Martin County.
A young white man. £>om and rear
ed in a northern state, waa arrested
on a capital charge preferred -by a
salesgirl. Without warning oh the
part of the mob; this young man,
while awaiting trial, was taken from
jail, hurried to a spot near the town
of Williamston and mutilated. *’
Following this affair. Don Gilliam,
the brilliant young solicitor of the
district, was instrumental in round
ing up more than thirty men charged
with participation in it. Governor Mc-
Lean ordered a fqieoial term of court
for the trial of the young white man
charged with tlie capital offense and
the men who had mutilated him. The
man who faced the capital charge was
freed by order of the court. The
mnbuien were sent to prison and made
to pay heavy fines. 1
The presiding judge in this instance
was Neil A. Sinclair, of Fayetteville,
a terror to mobmen. Every man that
had been arrested was indicted by the
grand jury on the opening day of
court. Those who did not subsequent
ly throw up their hands and plead i
guilty were convicted by a jury of
Martin County men. The prison sen
tences imposed b.v Judge Sinclair i
ranged from six to thirty years in the '
penitentiary. Many of the defenddants ,
were required to pay SSOO each to 1
help defray the expenses of the spec- \
cial term of court called to try them, i
In h's charge to the grand jury. 1
Judge Sinclair rebuked lawlessless in ,
no uncertain terms. Before closing I
court, after the men had been sen- ]
tented, he declared that the experi- i
once of those about to begin their 1
prison terms should serve as n warn
ing to any who, in the future, might
contemplate attaching themselves to ,
j mobs for tlie purpose of taking the
law in their own hands.
This, also, was o’ne of the most no- ,
tabic sessions of court ever held in
North Carolina, within the borders of
which Virginia Dare, the first native
white child of North America, was
born and Christened.
North Carolina's experience in its
war on mob rule has shown that voci
ferous protests, alone, no matter how
sincerely they are uttered, cannot
stamp out this evil.
On April 2nd a dinner will be given
in New York in honor of Professor A.
Graves to commemorate his fifty-two
years of service at the University of
Virginia and at Washington and Lee
University.
Canada's sea coast equals half the
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A letter goes to King George every
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Are You AH Ron Dews?
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