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
In 1899 an act dealing with the subject of lynching and violence by mobs
was passed by the legislature of Indiana. In this act a _mob_ and a
_lynching_ are defined as follows: “Any collection of individuals
assembled for any unlawful purpose intending to injure any person by
violence and without authority of law shall, for the purpose of this
act, be regarded as a ‘mob,’ and any act of violence exercised by such
mob upon the body of any person shall constitute the crime of
‘lynching,’ when such act or acts of violence result in death.” It is
provided that any person who actively participates in or actively aids
or abets such lynching, upon conviction thereof, shall suffer death or
be imprisoned during life, in the discretion of the jury, and any person
who, being a member of any such mob and present at any such lynching,
shall not actively participate in the lynching, shall be guilty of
abetting such lynching, and upon conviction thereof shall be imprisoned
not less than two nor more than twenty-one years. Every person who
shall, after the commission of the crime of lynching, harbor, conceal or
assist any member of such mob, with the intent that he shall escape
detention, arrest, capture, or punishment, shall be deemed an accessory
after the fact, and upon conviction thereof shall be imprisoned not more
than twenty-one years nor less than two years. Provision is made for the
manner in which prosecutions shall be instituted under the act, and in
case any persons shall come together in any county for the purpose of
proceeding to another county, with the view of lynching any person, or
in case any person or persons shall purchase or procure any rope,
weapon, or other instrument in one county for the purpose of being used
in lynching any person in another county, such crime of lynching, if
committed, shall constitute a continuous offense from the time of its
original inception, and the courts of any county in which such overt act
has been committed shall have jurisdiction over the person of any member
of the mob committing such overt act. Power is given the sheriff to call
bystanders and others to his assistance and arm them for the protection
of a prisoner, it being a misdemeanor for such persons to refuse
assistance, punishable by a fine in any sum not less than one hundred
dollars nor more than one thousand dollars, and imprisonment in the
county jail for a period not exceeding six months. If at any time a
sheriff has reason to believe that a prisoner in his custody is in
danger of being lynched, and that he, with his deputies and assistants,
is not able to protect the life of such prisoner, it shall be his duty
at once to notify the governor of such facts; whereupon, the governor
shall be authorized to furnish such militia as shall be necessary to
preserve order and defend such prisoner.[291]
Public-domain text, read in full here on John Shaqi.
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