Lynch-law; an investigation into the history of lynching in the United StatesCutler, James Elbert
Philosophy
Lynch-law; an investigation into the history of lynching in the United States
Cutler, James Elbert
Lynching -- United States
The legislature of North Carolina in the year 1893 passed an act which
provided that every person who should conspire to break or enter, or who
should engage in breaking or entering, any jail or place of confinement
of prisoners for the purpose of killing or injuring any person confined
therein would be guilty of a felony and be punishable by a fine of not
less than five hundred dollars and by imprisonment for not less than two
nor more than fifteen years. It was made the duty of the prosecuting
officer of the judicial district in which such a crime had been
committed to take immediate proceedings against the guilty parties, and
jurisdiction of the offense was conferred upon the superior court of any
county adjoining that in which the violence was committed. It was also
made a misdemeanor punishable by fine and imprisonment, one or both, at
the discretion of the court, for a witness wilfully to fail to comply
with the process served on him, or, after being sworn, to refuse to
answer questions pertinent to the matter being investigated; nor was any
person to be excused from testifying on the ground that his evidence
might tend to criminate himself, for when he should be thus examined as
a witness for the State he became altogether pardoned of any and all
participation in the crime concerning which he was required to testify.
The entire cost incurred in the prosecution was to be paid by the county
in which the crime was committed, and in case the commissioners of the
county failed to provide a sufficient guard for a jail in response to
the request of the sheriff, and the jail should be entered and a
prisoner killed, the county became responsible in damages to be
recovered by the personal representatives of the prisoner killed.[283]
In the year 1895 the General Assembly of Georgia enacted additional
legislation on the subject of lynching by passing an act which made
penal the offense of hindering, obstructing, or interfering with
sheriffs or their deputies or constables in the execution of any order
or sentence of court after trial in criminal cases, and requiring
sheriffs and constables to present to the grand jury any and all persons
so interfering. Penalties were provided for the offense and for failure
to comply with the provisions of the act, power being given the governor
to suspend a derelict sheriff or constable and to declare his office
vacant.[284]
Public-domain text, read in full here on John Shaqi.
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