Footnote 302: Brown _v._ Orangeburg Co., 55 S. C. 45; 32 S. E. 764. The decision of the Supreme Court was rendered on April 20, 1899. Footnote 303: See p. 235. Footnote 304: Mitchell was a negro and was lynched on June 4, 1897, for the crime of rape. Footnote 305: Caldwell lost again in the common pleas and circuit courts, and went no further.—Deputy Clerk of Cuyahoga County in letter to the writer. Footnote 306: See note, p. 236. The supreme court by this decision upheld the act in its original form. Footnote 307: 62 O. S. 318. Footnote 308: 68 N. E. 899. Footnote 309: See p. 185. Compare Chart I. Footnote 310: _New York Times_, Jan. 21, 1904. Governor Sayers of Texas made similar statements in his annual message to the legislature of Texas on Jan. 16, 1903. Footnote 311: _New York Times_, Nov. 3, 1903. Footnote 312: _New York Times_, Sept. 7, 1903. Footnote 313: _Richmond_ (Va.) _Planet_, Feb. 14, 1903. Footnote 314: Governor’s message to the legislature, Jan. 14, 1903. Footnote 315: _New York Evening Sun_, June 5, 1903. Footnote 316: After a trial which lasted three months, the first man tried was acquitted.—_Denver_ (Colo.) _Republican_, Feb. 28, 1902. Footnote 317: Attorney-general of Wyoming in letter to the writer. Footnote 318: A woman whose husband was hanged by a mob has recently filed suit against twenty-six “prominent citizens” of Fleming County, Kentucky, for $50,000 damages, claiming that they were members of the mob which lynched her husband.—_New York Times_, July 14, 1904. Footnote 319: _Chattanooga_ (Tenn.) _Times_, July 27, 1902. It will be remembered that by the Tennessee act any person guilty of direct or indirect participation in a lynching was declared to be incompetent to serve on a jury, and that the court was to carefully exclude all such persons from both grand and petit juries. See p. 237. Footnote 320: Despatch from Lewisburg, Tennessee, in _New York Commercial Advertiser_, Jan. 8, 1903. In October, 1903, a grand jury in Moore County, Tennessee, indicted twenty-two members of a lynching mob.—See _Outlook_, Oct. 24, 1903 (75: 427). Footnote 321: _Atlantic Monthly_, February, 1904 (93: 155). Footnote 322: See bills introduced during 57th Congress, 1st Session: Senate Bill 1117; House bills 21, 4572. Footnote 323: _Congressional Record_, 57th Congress, 1st Session, p. 636. Footnote 324: See _Green Bag_, September, 1900 (12: 466). Footnote 325: _New York Tribune_, April 15, 1892. Footnote 326: Some of these indemnities cover loss of property and bodily injuries as well as loss of life. Footnote 327: