CHAPTER IX

LYNCHINGS, SOUTH AND NORTH

Most of the studies for this book were made in 1906, 1907, and 1908, but I

investigated the subject of lynching, South and North, in the fall of

1904. Since that time the feeling against mob-vengeance has been gaining

strength throughout the country and the number of lynchings has been

steadily decreasing. But the number is still appalling and many recent

cases, especially in the black belt, have been accompanied by brutal

excesses. My studies made four years ago are typical of present

conditions; I have, indeed, confirmed them by a somewhat careful

examination made last year (1907) of two or three recent cases.

Lynch-law reached its height in the late eighties and early nineties. In

the sixteen years from 1884 to 1900 the number of persons lynched in the

United States was 2,516. Of these 2,080 were in the Southern states and

436 in the North; 1,678 were Negroes and 801 were white men; 2,465 were

men and 51 were women. I am here using the accepted (indeed the only)

statistics--those collected by the Chicago _Tribune_. As showing the

gradual growth of the sentiment against mob-law I can do no better than to

give the record of lynchings for a number of successive years:

1891 192

1892 235

1893 200

1894 190

1895 171

1896 131

1897 166

1898 127

1899 107

1900 116

1901 135

1902 96

1903 104

1904 87

1905 66

1906 73

1907 56

Before I take up the account of specific cases an analysis of the

lynchings for the years 1906 and 1907 will help to show in what states mob

rule is most often invoked and for what offences lynchings are most

common. Mississippi, Alabama, Louisiana and Georgia--the black belt

states--are thus seen to have the worst records, and the figures here

given do not include the men killed in the Atlanta riot which would add

twelve to the Georgia record for 1906:

Following is the comparative number of lynchings for the two years.

State 1907 1906

Alabama 13 5

Arkansas 3 4

Colorado -- 1

Florida -- 6

Georgia 6 9

Indian Territory 2 1

Iowa 1 --

Kentucky 1 3

Louisiana 8 9

Maryland 2 1

Mississippi 12 13

Missouri -- 3

Nebraska 1 --

North Carolina -- 5

Oklahoma 2 --

South Carolina 1 2

Tennessee 1 5

Texas 3 6

-- --

Totals 56 73

Of those lynched in 1907, 49 were Negro men, three Negro women and four

white men. By methods:

Hanging 31

Shot to death 17

Hanged and shot 3

Shot and burned 2

Beaten to death 1

Kicked to death 1

The offences for which these men and woman were lynched range from

stealing seventy-five cents and talking with white girls over the

telephone, to rape and murder. Here is the list:

For being father of boy who jostled white women 1

For being victor over white man in fight 1

Attempted murder 5

Murder of wife 1

Murder of husband and wife 1

Murder of wife and stepson 1

Murder of mistress 1

Manslaughter 10

Accessory to murder 1

Rape 8

Attempted rape 11

Raping own stepdaughter 1

For being wife and son of a raper 2

Protecting fugitive from posse 1

Talking to white girls over telephone 1

Expressing sympathy for mob's victim 3

Three-dollar debt 2

Stealing seventy-five cents 1

Insulting white man 1

Store burglary 3

In making my study I visited four towns where lynchings had taken place,

two in the South, Statesboro in Ga. and Huntsville in Ala.; and two in the

North, Springfield, O., and Danville, Ill.

I.--LYNCHING IN THE SOUTH

Statesboro, Ga., where two Negroes were burned alive under the most

shocking circumstances, on August 16, 1904, is a thrifty county seat

located about seventy miles from Savannah.

For a hundred years a settlement has existed there, but it was not until

the people discovered the wealth of the turpentine forests and of the

sea-island cotton industry that the town became highly prosperous. Since

1890 it has doubled in population every five years, having in 1904 some

2,500 people. Most of the town is newly built. A fine, new court-house

stands in the city square, and there are new churches, a large, new

academy, a new water-works system and telephones, electric lights, rural

free delivery--everywhere the signs of improvement and progress. It is

distinctly a town of the New South, developed almost exclusively by the

energy of Southerners and with Southern money. Its population is pure

American, mostly of old Carolina, Georgia, and Virginia stock. Fully 70

per cent. of the inhabitants are church members--Baptists, Presbyterians,

and Methodists--and the town has not had a saloon in twenty-five years and

rarely has a case of drunkenness. There are no beggars and practically no

tramps. A poorhouse, built several years ago, had to be sold because no

one would go to it. The farms are small, for the most part, and owned by

the farmers themselves; only 8 per cent. of them are mortgaged. There are

schools for both white and coloured children, though the school year is

short and education not compulsory.

In short, this is a healthy, temperate, progressive American town--a

country city, self-respecting, ambitious, with a good future before

it--the future of the New South.

_Character of the Negro Population_

About 40 per cent. of the population of the county consists of Negroes.

Here as elsewhere there are to be found two very distinct kinds of

Negroes--as distinct as the classes of white men. The first of these is

the self-respecting, resident Negro. Sometimes he is a land-owner, more

often a renter; he is known to the white people, employed by them, and

trusted by them. In Statesboro, as in most of the South, a large

proportion of the Negroes are of this better class. On the other hand, one

finds everywhere many of the so-called "worthless Negroes," perhaps a

growing class, who float from town to town, doing rough work, having no

permanent place of abode, not known to the white population generally. The

turpentine industry has brought many such Negroes to the neighbourhood of

Statesboro. Living in the forest near the turpentine-stills, and usually

ignorant and lazy, they and all their kind, both in the country districts

and in the city, are doubly unfortunate in coming into contact chiefly

with the poorer class of white people, whom they often meet as industrial

competitors.

_Danger from the Floating Negro_

In all the towns I visited, South as well as North, I found that this

floating, worthless Negro caused most of the trouble. He prowls the roads

by day and by night; he steals; he makes it unsafe for women to travel

alone. Sometimes he has gone to school long enough to enable him to read a

little and to write his name, enough education to make him hate the hard

work of the fields and aspire to better things, without giving him the

determination to earn them. He has little or no regard for the family

relations or home life, and when he commits a crime or is tired of one

locality, he sets out, unencumbered, to seek new fields, leaving his wife

and children without the slightest compunction.

[Illustration: PAUL REED

WILL CATO

Negroes lynched by being burned alive at Statesboro, Georgia]

[Illustration: NEGROES OF THE CRIMINAL TYPE

Pictures taken in the Atlanta Jail

Will Johnson, arrested, charged with the Camp assault.

Lucius Frazier, who entered a home in the residence district of Atlanta.]

About six miles from the city of Statesboro lived Henry Hodges, a

well-to-do planter. He had a good farm, he ran three ploughs, as they say

in the cotton country, and rumour reported that he had money laid by.

Coming of an old family, he was widely related in Bullock County, and his

friendliness and kindness had given him and his family a large circle of

acquaintances. Family ties and friendships, in old-settled communities

like those in the South, are influences of much greater importance in

fixing public opinion and deciding political and social questions than

they are in the new and heterogeneous communities of the North.

The South is still, so far as the white population is concerned, a

sparsely settled country. The farmers often live far apart; the roads are

none too good. The Hodges home was in a lonely place, the nearest

neighbours being Negroes, nearly half a mile distant. No white people

lived within three-quarters of a mile. Hodges had been brought up among

Negroes, he employed them, he was kind to them. To one of the Negroes

suspected of complicity in the subsequent murder, he had loaned his

shot-gun; another, afterward lynched, called at his home the very night

before the murder, intending then to rob him, and Hodges gave him a bottle

of turpentine to cure a "snake-graze."

_Story of the Murder_

On the afternoon of July 29, 1904, Mr. Hodges drove to a neighbour's house

to bring his nine-year-old girl home from school. No Southern white

farmer, especially in thinly settled regions like Bulloch County, dares

permit any woman or girl of his family to go out anywhere alone, for fear

of the criminal Negro.

"You don't know and you can't know," a Georgian said to me, "what it means

down here to live in constant fear lest your wife or daughter be attacked

on the road, or even in her home. Many women in the city of Statesboro

dare not go into their backyards after dark. Every white planter knows

that there is always danger for his daughters to visit even the nearest

neighbour, or for his wife to go to church without a man to protect her."

It is absolutely necessary to understand this point of view before one can

form a true judgment upon conditions in the South.

When Hodges arrived at his home that night, it was already dark. The

little girl ran to join her mother; the father drove to the barn. Two

Negroes--perhaps more--met him there and beat his brains out with a stone

and a buggy brace. Hearing the noise, Mrs. Hodges ran out with a lamp and

set it on the gate-post. The Negroes crept up--as nearly as can be

gathered from the contradictory stories and confessions--and murdered her

there in her doorway with peculiar brutality. Many of the crimes committed

by Negroes are marked with almost animal-like ferocity. Once aroused to

murderous rage, the Negro does not stop with mere killing; he bruises and

batters his victim out of all semblance to humanity. For the moment, under

stress of passion, he seems to revert wholly to savagery.

The Negroes went into the house and ransacked it for money. The little

girl, who must have been terror-stricken beyond belief, hid behind a

trunk; the two younger children, one a child of two years, the other a

mere baby, lay on the bed. Finding no money, the Negroes returned to their

homes. Here they evidently began to dread the consequences of their deed,

for toward midnight they returned to the Hodges home. During all this time

the little girl had been hiding there in darkness, with the bodies of her

father and mother in the doorway. When the Negroes appeared, she either

came out voluntarily, hoping that friends had arrived, or she was dragged

out.

"Where's the money?" demanded the Negroes.

The child got out all she had, a precious five-cent piece, and offered it

to them on condition that they would not hurt her. One of them seized her

and beat her to death.

I make no excuse for telling these details; they _must be told_, else we

shall not see the depths or the lengths of this problem.

_Burning of the Hodges Home_

The Negroes then dragged the bodies of Mr. and Mrs. Hodges into their home

and set the house afire. As nearly as can be made out from the subsequent

confessions, the two younger children were burned alive.

When the neighbours reached the scene of the crime, the house was wholly

consumed, only the great end chimney left standing, and the lamp still

burning on the gate-post.

Well, these Southerners are warm-hearted, home-loving people. Everybody

knew and respected the Hodges--their friends in the church, their many

relatives in the county--and the effect of this frightful crime described

in all its details, may possibly be imagined by Northern people living

quietly and peacefully in their homes. When two of the prominent citizens

of the town told me, weeks afterward, of the death of the little girl,

they could not keep back their tears.

The murder took place on Friday night; on Saturday the Negroes, Paul Reed

and Will Cato, were arrested with several other suspects, including two

Negro preachers. Both Reed and Cato were of the illiterate class; both had

been turpentine workers, living in the forest, far from contact with white

people. Cato was a floater from South Carolina. Reed was born in the

county, but he was a good type of the worthless and densely ignorant

Negro.

It is a somewhat common impression that a whole town loses itself in a

passion of anarchy, and is not satisfied until the criminals are killed.

But in spite of the terrible provocation and the intense feeling, there

yet existed in Statesboro exactly such a feeling for the sacredness of

law, such intelligent Americanism, as exists in your town or mine. Not

within the present generation had a lynching taken place in the town, and

the people were deeply concerned to preserve the honour and good name of

their community. In the midst of intense excitement a meeting of good

citizens, both white and black, was called in the court-house. It was

presided over by J. A. Brannan, one of the foremost citizens. Speeches

were made by Mayor Johnstone, by the ministers of the town, and by other

citizens, including a Negro, all calling for good order and the calm and

proper enforcement of the law.

_Attempts to Prevent the Lynching_

And the regular machinery of justice was put in motion with commendable

rapidity. Fearing a lynching, the Negroes who had been arrested were sent

to Savannah and there lodged in jail. A grand jury was immediately called,

indictments were found, and in two weeks--the shortest possible time under

the law--the Negroes were brought back from Savannah for trial. To protect

them, two military companies, one from Statesboro, one from Savannah, were

called out. The proof of guilt was absolutely conclusive, and, although

the Negroes were given every advantage to which they were entitled under

the law, several prominent attorneys having been appointed to defend them,

they were promptly convicted and sentenced to be hanged.

In the meantime great excitement prevailed. The town was crowded for days

with farmers who came flocking in from every direction. The crime was

discussed and magnified; it was common talk that the "niggers of Madison

County are getting too bigoty"--that they wouldn't "keep their places."

Fuel was added to the flame by the common report that the murderers of the

Hodges family were members of a Negro society known as the "Before Day

Club," and wild stories were told of other murders that had been planned,

the names of intended victims even being reported.

On the Sunday night before the trial, two Negro women, walking down the

street are said to have crowded two respectable white girls off the

sidewalk. A crowd dragged the women from a church where they had gone,

took them to the outskirts of the town, whipped them both violently, and

ordered them to leave the county.

"Let the law take its course," urged the good citizen. "The Negroes have

been sentenced to be hanged, let them be hanged legally; we want no

disgrace to fall on the town."

_How the Lynchers Themselves Defend a Lynching_

But as the trial progressed and the crowd increased, there were louder and

louder expressions of the belief that hanging was too good for such a

crime. I heard intelligent citizens argue that a Negro criminal, in order

to be a hero in the eyes of his people, does not mind being hanged!

Another distinct feeling developed--a feeling that I found in other

lynching towns: that somehow the courts and the law were not to be

trusted to punish the criminals properly. Although Reed and Cato were

sentenced to be hanged, the crowd argued that "the lawyers would get them

off," that "the case would be appealed, and they would go free."

Members of the mob tried to get Sheriff Kendrick to promise not to remove

the Negroes to Savannah, fearing that in some way they would be taken

beyond the reach of justice.

In other words, there existed a deep-seated conviction that justice too

often miscarried in Bulloch County and that murderers commonly escaped

punishment through the delays and technicalities of the law.

_A Habit of Man-killing_

And there is, unfortunately, a foundation for this belief. In every

lynching town I visited I made especial inquiry as to the prevalence of

crime, particularly as to the degree of certainty of punishment for crime.

In all of them property is safe; laws looking to the protection of goods

and chattels are executed with a fair degree of precision; for we are a

business-worshipping people. But I was astounded by the extraordinary

prevalence in all these lynching counties, North as well as South, of

crimes of violence, especially homicide, accompanied in every case by a

poor enforcement of the law. Bulloch County, with barely twenty-five

thousand inhabitants, had thirty-two homicides in a little more than five

years before the lynching--an annual average of one to every four thousand

five hundred people (the average in the entire United States being one to

nine thousand). Within eight months prior to the Hodges lynching, no fewer

than ten persons (including the Hodges family) were murdered in Bulloch

County. In twenty-eight years, notwithstanding the high rate of homicides,

only three men, all Negroes, have been legally hanged, while four

men--three Negroes and one white man--have been lynched.

It is well understood that if the murderer has friends or a little money

to hire lawyers, he can, especially if he happens to be white, nearly

always escape with a nominal punishment. These facts are widely known and

generally commented upon. In his subsequent charge to the grand jury,

Judge Daley said that the mob was due in part to "delays in the execution

of law and to the people becoming impatient."

I am not telling these things with any idea of excusing or palliating the

crime of lynching, but with the earnest intent of setting forth all the

facts, so that we may understand just what the feelings and impulses of a

lynching town really are, good as well as bad. Unless we diagnose the case

accurately, we cannot hope to discover effective remedies.

_Psychology of the Mob_

In the intense, excited crowd gathered around the court-house on this

Tuesday, the 16th of August, other influences were also at work,

influences operating in a greater or less degree in every lynching mob. We

are accustomed to look upon a mob as an entity, the expression of a single

concrete feeling; it is not; it is itself torn with dissensions and

compunctions, swayed by conflicting emotions. Similarly, we look upon a

militia company as a sort of machine, which, set in operation,

automatically performs a certain definite service. But it is not. It is

made up of young men, each with his own intense feelings, prejudices,

ideals; and it requires unusual discipline to inculcate such a sense of

duty that the individual soldier will rise superior to the emotions of the

hour. Most of these young men of Statesboro and Savannah really

sympathised with the mob; among the crowd the Statesboro men saw their

relatives and friends. Some of the officers were ambitious men, hoping to

stand for political office. What would happen if they ordered the troops

to fire on their neighbours?

And "the nigger deserved hanging," and "why should good white blood be

shed for nigger brutes?" At a moment of this sort the clear perception of

solemn abstract principles and great civic duties fades away in tumultuous

excitement. Yet these soldier boys were not cowards; they have a fighting

history; their fathers made good soldiers; they themselves would serve

bravely against a foreign enemy, but when called upon for mob service they

failed utterly, as they have failed repeatedly, both North and South.

Up to the last moment, although the crowd believed in lynching and wanted

to lynch, there seemed to be no real and general determination to

forestall the law. The mob had no centre, no fixed purpose, no real plan

of action. One determined man, knowing his duty (as I shall show in

another story), and doing it with common sense, could have prevented

trouble, but there was no such man. Captain Hitch, of the Savannah

Company, a vacillating commander, allowed the crowd to pack the

court-house, to stream in and out among his soldiers; he laid the

responsibility (afterward) on the sheriff, and the sheriff shouldered it

back upon him. In nearly all the cases I investigated, I found the same

attempt to shift responsibility, the same lack of a responsible head. Our

system too often fails when mob stress is laid upon it--unless it happens

that some strong man stands out, assumes responsibility, and becomes a

momentary despot.

_How the Soldiers Were Overpowered_

A mob, no matter how deeply inflamed, is always cowardly. This mob was no

exception. It crowded up, crowded up, testing authority. It joked with the

soldiers, and when it found that the jokes were appreciated, it took

further liberties; it jostled the soldiers--good-humouredly. "You don't

dare fire," it said, and the soldiers made no reply. "Your guns aren't

loaded," it said, and some soldier confessed that they were not. In tender

consideration for the feelings of the mob, the officers had ordered the

men not to load their rifles. The next step was easy enough; the mob

playfully wrenched away a few of the guns, those behind pushed

forward--those behind always do push forward, knowing they will not be

hurt--and in a moment the whole mob was swarming up the stairs, yelling

and cheering.

In the court-room, sentence had been passed on Reed and Cato, and the

judge had just congratulated the people on "their splendid regard for the

law under very trying conditions." Then the mob broke in. A brother of the

murdered Hodges, a minister from Texas, rose magnificently to the

occasion. With tears streaming down his face, he begged the mob to let the

law take its course.

"We don't want religion, we want blood," yelled a voice.

The mob was now thoroughly stirred; it ceased to hesitate; it was

controlled wholly by its emotions. The leaders plunged down the court-room

and into the witness chamber, where the Negroes sat with their wives,

Reed's wife with a young baby. The officers of the law accommodatingly

indicated the right Negroes, and the mob dragged them out. Hanging was at

first proposed, and a man even climbed a telegraph-pole just outside the

court-house, but the mob, growing more ferocious as it gathered volume and

excitement, yelled its determination:

"Burn them! burn them!"

They rushed up the road, intending to take the Negroes to the scene of the

crime. But it was midday in August, with a broiling hot sun overhead and a

dusty road underfoot. A mile from town the mob swerved into a turpentine

forest, pausing first to let the Negroes kneel and confess. Calmer spirits

again counselled hanging, but some one began to recite in a high-keyed

voice the awful details of the crime, dwelling especially on the death of

the little girl. It worked the mob into a frenzy of ferocity.

"They burned the Hodges and gave them no choice; burn the niggers!"

"Please don't burn me," pleaded Cato. And again: "Hang me or shoot me;

please don't burn me!"

_Burning of the Negroes_

Some one referred the question to the father-in-law of Hodges. He said

Hodges's mother wished the men burned. That settled it. Men were sent into

town for kerosene oil and chains, and finally the Negroes were bound to an

old stump, fagots were heaped around them, and each was drenched with oil.

Then the crowd stood back accommodatingly, while a photographer, standing

there in the bright sunshine, took pictures of the chained Negroes.

Citizens crowded up behind the stump and got their faces into the

photograph. When the fagots were lighted, the crowd yelled wildly. Cato,

the less stolid of the two Negroes, partly of white blood, screamed with

agony; but Reed, black and stolid, bore it like a block of wood. They

threw knots and sticks at the writhing creatures, but always left room

for the photographer to take more pictures.

And when it was all over, they began, in common with all mobs, to fight

for souvenirs. They scrambled for the chains before they were cold, and

the precious links were divided among the populace. Pieces of the stump

were hacked off, and finally one young man--it must be told--gathered up a

few charred remnants of bone, carried them uptown, and actually tried to

give them to the judge who presided at the trial of the Negroes, to the

utter disgust of that official.

_After Effects of Mob-law_

This is the law of the mob, that it never stops with the thing it sets out

to do. It is exactly like any other manifestation of uncontrolled human

passion--given licence it takes more licence, it releases that which is

ugly, violent, revengeful in the community as in the individual human

heart. I have heard often of a "quiet mob," an "orderly mob," which "went

about its business and hanged the nigger," but in all the cases I have

known about, and I made special inquiries upon this particular point, not

one single mob stopped when the immediate work was done, unless under

compulsion. Even good citizens of Statesboro will tell you that "the

niggers got only what they deserved," and "it was all right if the mob had

only stopped there." But it did not stop there; it never does.

All the stored-up racial animosity came seething to the surface; all the

personal grudges and spite. As I have already related, two Negro women

were whipped on the Sunday night before the lynching. On the day following

the lynching the father of the women was found seeking legal punishment

for the men who whipped his daughters, and he himself was taken out and

frightfully beaten. On the same day two other young Negroes, of the

especially hated "smart nigger" type, were caught and whipped--one for

riding a bicycle on the sidewalk, the other, as several citizens told me,

"on general principles." But this was not the worst. On Wednesday night an

old Negro man and his son--Negroes of the better class--were sitting in

their cabin some miles from Statesboro, when they were both shot at

through the window and badly wounded. Another respectable Negro, named

McBride, was visited in his home by a white mob, which first whipped his

wife, who was confined with a baby three days old, and then beat, kicked,

and shot McBride himself so horribly that he died the next day. The better

class of citizens, the same men who would, perhaps, condone the burning of

Reed and Cato, had no sympathy with this sort of thing. Some of them took

McBride's dying statement, and four white men were arrested and charged

with the murder; but never punished.

Indeed, the mob led directly to a general increase of crime in Bulloch

County. As Judge Daley said in his charge to a subsequent grand jury:

"Mob violence begets crime. Crime has been more prevalent since this

lynching than ever before. In the middle circuit the courts have been so

badly crowded with murder trials that it has been almost impossible to

attend to civil business."

Another evil result of the lynching was that it destroyed valuable

evidence. The prosecutors had hoped to learn from the convicted Reed and

Cato whether or not they had any companions and thereby bring to justice

all the other Negroes suspected of complicity in the murder of the Hodges.

If the Before Day Club ever existed and had a criminal purpose (which is

doubtful) most of the members who composed it were left at large, awaiting

the next opportunity to rob and murder.

_Mob Justice and the Cotton Crop_

Mob-law has not only represented a moral collapse in this community, but

it struck, also, at the sensitive pocket of the business interests of the

county. Frightened by the threatening attitude of the whites, the Negroes

began to leave the county. It was just at the beginning of the

cotton-picking season, when labour of every sort was much needed, Negro

labour especially. It would not do to frighten away all the Negroes. On

Thursday some of the officials and citizens of Statesboro got together,

appointed extra marshals, and gave notice that there were to be no more

whippings, and the mob spirit disappeared--until next time.

But what of the large Negro population of Statesboro during all this

excitement? The citizens told the "decent Negroes": "We don't want to hurt

you; we know you; you are all right; go home and you won't be hurt." Go

home they did, and there was not a Negro to be seen during all the time of

the lynching. From inquiry among the Negroes themselves, I found that many

of them had no voice to raise against the burning of Reed and Cato. This

was the grim, primitive eye-for-an-eye logic that they used, in common

with many white men:

"Reed and Cato burned the Hodges; they ought to be burned."

Even Cato's wife used this logic.

But all the Negroes were bitter over the indiscriminate whippings which

followed the lynching. These whippings widened the breach between the

races, led to deeper suspicion and hatred, fertilised the soil for future

outbreaks. In the same week that I visited Statesboro, no fewer than three

cotton-gins in various parts of Bulloch County were mysteriously burned at

night, and while no one knew the exact origin of the fires, it was openly

charged that they were caused by revengeful Negroes. None of these

terrible after-effects would have taken place if the law had been allowed

to follow its course.

_A Fighting Parson_

The overwhelming majority of the people of Bulloch County undoubtedly

condoned the lynching, even believed in it heartily and completely. And

yet, as I have said, there was a strong dissenting opposition among the

really thoughtful, better-class citizens. All the churches of Statesboro

came out strongly for law and order. The Methodist church, led by a

fighting parson, the Rev. Whitely Langston, expelled two members who had

been in the mob--an act so unpopular that the church lost twenty-five

members of its congregation. Of course, the members of the mob were known,

but none of them was ever punished. The judge especially charged the grand

jury to investigate the lynching, and this was its report:

"We deplore the recent lawlessness in our city and community, specially

referred to by his Honour, Judge A. F. Daley, in his able charge. We have

investigated the matter in the light of information coming under our

personal knowledge and obtained by the examination of a number of

witnesses, but we have been unable to find sufficient evidence to warrant

indictments. We tender thanks to his Honour, Judge Daley, for his able and

comprehensive charge."

A feeble attempt was made to discipline the military officers who allowed

the populace to walk over them and take away their guns. A court-martial

sat for days in Savannah and finally recommended the dismissal of Captain

Hitch from the service of the state; but the Governor let him off with

half the penalty suggested. Two lieutenants were also disciplined.

In the state election which followed the lynching, numerous voters in

Bulloch County actually scratched the name of Governor Terrell, of

Georgia, because he ordered the troops to Statesboro, and substituted the

name of Captain Hitch. Sheriff Kendrick, who failed to protect Reed and

Cato, was re-elected without opposition.

It was in a tone of deep discouragement that Mayor G. S. Johnstone, of

Statesboro, said to me:

"If our grand jury won't indict these lynchers, if our petit juries won't

convict, and if our soldiers won't shoot, what are we coming to?"

_Revolution of Opinion in the South on Lynching_

Conditions at Statesboro are, perhaps, typical of those in most Southern

towns. In most Southern towns a lynching would be conducted much as it was

in Statesboro; there would be the same objecting but ineffective minority

of good citizens, the troops would refuse their duty, and the lynchers

would escape in much the same way. And yet, if we were to stop with the

account of the Statesboro affair, we should overlook some of the greatest

influences now affecting the lynching problem in the South. No one who

visits the South can escape the conviction that, with its intensified

industrial life, and the marvelous development and enrichment of the whole

country, other equally momentous, if less tangible, changes are taking

place. Public opinion is developing along new lines, old, set prejudices

are breaking up, and there is, among other evident influences, a marked

revolution in the attitude of the Southern people and the Southern

newspapers on the lynching question. I turn now to the lynching at

Huntsville, Ala., which reveals in a striking manner some of the features

of the new revolt in the South against mob-law.

[Illustration: COURT HOUSE AND BANK IN THE PUBLIC SQUARE AT HUNTSVILLE,

ALABAMA

The Negro, Maples, was lynched by being hung to the elm tree at the corner

of the court house, near the extreme right of the picture.

Photographed by Collins & Son]

_A Negro Crime at Huntsville, Ala._

One evening in September, 1904, a Negro of Huntsville, Ala., asked an old

peddler named Waldrop for a ride. Waldrop was a kindly old man, well known

and respected throughout Madison County; he drove into the city two or

three times a week with vegetables and chickens to sell, and returned with

the small product of his trade in his pocket.

Waldrop knew the Negro, Maples, and, although Maples was of the worthless

sort, and even then under indictment for thieving, the peddler made room

for him in his waggon, and they rode out of the town together. They drove

into a lonely road. They crossed a little bridge. Tall trees shaded and

darkened the place. Night was falling. The Negro picked up a stone and

beat out the brains of the inoffensive old man, robbed him, and left him

lying there at the roadside, while the horse wandered homeward.

How a murder cries out! The murderer fled in the darkness but it was as if

he left great footprints. The next day, in Huntsville, the law laid its

hand on his shoulder.

Now, Huntsville is one of the best cities in Alabama. No other city,

perhaps, preserves more of the aristocratic habiliments of the older

South. It was the first capital of the state. Seven governors lie buried

in its cemetery; its county house, its bank, some of its residences are

noble examples of the architecture of the ante-bellum South. And while

preserving these evidences of the wealth and refinement of an older

civilisation, few cities in the South have responded more vigorously to

the new impulses of progress and development. Its growth during the last

few years has been little short of amazing. Northern capital has come in;

nine cotton-mills have been built, drawing a large increase of population,

and stimulating the development of the country in every direction. It is

a fine, orderly, progressive city--intensely American, ambitious,

self-respecting.

_Relation of Lynching to Business Success_

Huntsville has had its share of lynchings in the past. Within twenty years

seven Negroes and one white man had been the victims of mobs in Madison

County. The best citizens knew what a lynching meant; they knew how the

mob began, and what invariably followed its excesses, and they wanted no

more such horrors. But this revolt was not wholly moral. With awakening

industrial ambition the people realised that disorder had a tendency to

frighten away capital, stop immigration, and retard development generally.

Good business demands good order. This feeling has been expressed in

various forms and through many channels. It existed in Statesboro, but it

was by no means as vigorous as in this manufacturing city of Huntsville.

We find, for instance, Congressman Richardson of Alabama, a citizen of

Huntsville, saying in a speech on the floor of the House of

Representatives:

"Why, Mr. Chairman, we have more reason in the South to observe the law

and do what is right than any other section of this Union."

The Atlanta _Constitution_ presents the same view in vigorous language:

Aside entirely from the consideration of the evil effects of the mob

spirit in breeding general disrespect for the law, and aside from the

question of the inevitable brutalising effect of lynching upon those

who are spectators--and the effect goes even further--the practical

question arises: Can we at the South afford it?

Is there any use blinding ourselves to the fact, patent to everybody,

that it is this sort of thing that has kept hundreds of thousands of

desirable immigrants from coming to the Southern states?

_Story of a Bold Judge_

When the murderer of the peddler Waldrop was arrested, therefore, the

thoughtful and progressive people of the city--the kind who are creating

the New South--took immediate steps to prevent mob disturbance. The city

was fortunate in having an able, energetic young man as its circuit

judge--a judge, the son of a judge, who saw his duty clearly, and who was

not afraid to act, even though it might ruin his immediate political

future, as, indeed, it did. Rare qualities in these days! The murder was

committed Tuesday, September 6th, the Negro was arrested Wednesday, Judge

Speake impanelled a special grand jury without waiting a moment, and that

very afternoon, within six hours after the Negro's arrest and within

twenty hours after the crime was committed, the Negro was formally

indicted. Arrangements were then made to call a special trial jury within

a week, in the hope that the prospect of immediate punishment would

prevent the gathering of a mob.

_A Record of Homicide as a Cause of Lynching_

But, unfortunately, we find here in Madison County not only a history of

lynching--a habit, it may be called--but there existed the same disregard

for the sacredness of human life which is the common characteristic of

most lynching communities, South or North. I made a careful examination of

the records of the county. In the five years preceding this lynching, no

fewer than thirty-three murder and homicide cases were tried in the

courts, besides eight murderers indicted, but not arrested. This is the

record of a single county of about forty thousand people. Notwithstanding

this record of crime, there had not been a legal hanging in the county,

even of a Negro, for nineteen years. It was a fact--well known to

everybody in the county--that it was next to impossible to convict a white

man for killing. Murderers employed good lawyers, they appealed their

cases, they brought political friendships to bear, and the relationships

between the old families were so far extended that they reached even into

the jury room. As a consequence, nearly every white murderer went free.

Only a short time before the lynching, Fred Stevens a white man, who shot

a white man in a quarrel over a bucket of water, was let out with a fine

of $50, costs, and thirty days in jail. This for a _killing_. And the

attorney for Stevens actually went into court afterward and asked to have

the costs cut down.

Negroes who committed homicide, though more vigorously punished than white

murderers, yet frequently escaped with five or ten years in the

penitentiary--especially if they had money or a few white friends. All

this had induced a contempt of the courts of justice--a fear that, after

all, through the delays and technicalities of the law and the compassion

of the jury, the murderer of Waldrop would not be punished as he deserved.

This was the substance of the reasoning I heard repeatedly: "That Negro,

Maples, ought to have been hanged; we were not sure the jury would hang

him; we hanged him to protect ourselves."

I met an intelligent farmer during a drive through Madison County. Here

are some of the things he said, and they voiced closely what I heard in

one form or another from many people in all walks of life:

"Life is cheap in Madison County. If you have a grudge against a man, kill

him; don't wound him. If you wound him, you'll likely be sent up; if you

kill him, you can go free. They often punish more severely for carrying

concealed weapons or even for chicken stealing in Madison County than they

do for murder."

So strong was the evidence in one murder case in an adjoining circuit that

Judge Kyle instructed the jury to find the murderer guilty; the jury

deliberately returned a verdict, "Not guilty." The Alabama system of

justice is cursed by the professional juror chosen by politicians, and

often open to political influences. This, with the unlimited right of

appeal and the great number of peremptory challenges allowed to the

defence in accepting jurymen, gives such power to the lawyers for the

defendant that convictions are exceedingly difficult. Oftentimes, also,

the prosecuting attorney is a young, inexperienced lawyer, ill-paid, who

is no match for the able attorneys employed by the defendant.

No, it is not all race prejudice that causes lynchings, even in the South.

One man in every six lynched in this country in 1903--the year before the

lynching I am describing--was a white man. It is true that a Negro is

often the victim of mob-law where a white man would not be, but the chief

cause certainly seems to lie deeper, in the widespread contempt of the

courts, and the unpunished subversion of the law in this country, both

South and North. This, indeed, would probably be the sole cause of

lynching, were it not for the crime of rape, of which I wish to speak

again a little later.

_Composition of the Mob at Huntsville_

Well, a mob began gathering in Huntsville before the grand jury had ceased

its labours. It was chiefly composed of the workmen from the

cotton-mills. These are of a peculiar class--pure American stock,

naturally of high intelligence, but almost wholly illiterate--men from the

hills, the descendants of the "poor white trash," who never owned slaves,

and who have always hated the Negroes. The poor whites are and have been

for a long time in certain lines the industrial competitors of the

Negroes, and the jealousy thus engendered accounts in no small degree for

the intensity of the race feeling.

Anticipating trouble, Judge Speake ordered the closing of all the

saloons--there were then only fifteen to a population of some twenty-one

thousand--and called out the local military company. But the mob ran over

the militiamen as though they were not there, broke into the jail, built a

fire in the hallway, and added sulphur and cayenne pepper. Fearing that

the jail would be burned and all the prisoners suffocated, the sheriff

released the Negro, Maples, and he jumped out of a second-story window

into the mob. They dragged him up the street to the square in the heart of

the city. Here, on the pleasant lawn, the Daughters of America were

holding a festival, and the place was brilliant with Japanese lanterns.

Scattering the women and children, the mob jostled the Negro under the

glare of an electric light, just in front of the stately old court-house.

Here impassioned addresses were made by several prominent young

lawyers--J. H. Wallace, Jr., W. B. Bankhead, and Solicitor Pettus--urging

the observance of law and order. A showing of hands afterward revealed the

fact that a large proportion of those present favoured a legal

administration of justice. But it was too late now.

A peculiarly dramatic incident fired the mob anew. The Negro was suddenly

confronted by the son of the murdered peddler. "Horace," he demanded, "did

you kill my old dad?"

Quivering with fright, the Negro is said to have confessed the crime. He

was instantly dragged around the corner, where they hanged him to an

elm-tree, and while he dangled there in the light of the gala lanterns,

they shot him full of holes. Then they cut off one of his little fingers

and parts of his trousers for souvenirs. So he hung until daylight, and

crowds of people came out to see.

_Effort to Punish the Lynchers_

But the forces of law and order here had vigour and energy. Judge Speake,

communicating with the Governor, had troops sent from Birmingham, and

then, without shilly-shallying or delaying or endeavouring to shift

responsibility, he ordered a special grand jury to indict the lynchers the

very next day and he saw to it that it was composed of the best citizens

in town. When it met, so deep and solemn was its feeling of responsibility

that it was opened with prayer, an extraordinary evidence of the awakened

conscience of the people. More than this, the citizens generally were so

aroused that they held a mass meeting, and denounced the lynching as a

"blot upon our civilisation," and declared that "each and every man taking

part" with the mob was "guilty of murder." Bold words, but no bolder than

the editorials of the newspapers of the town or of the state. Every force

of decency and good order was at work. Such strong newspapers as the

Birmingham _Age-Herald_, the _Ledger_, and the _News_, the Montgomery

_Advertiser_, the Chattanooga _News_, and, indeed, prominent newspapers

all over the South united strongly in their condemnation of the lynchers

and in their support of the efforts to bring the mob to justice.

_Southern Newspapers on Lynching_

The Huntsville _Mercury_ spoke of the "deep sense of shame felt by our

good citizens in being run over by a few lawless spirits."

"There is no justification," said the Birmingham _News_, "for the mob who,

in punishing one murderer, made many more."

"This lynching," said the Birmingham _Ledger_, "is a disgrace to our

state. The _Ledger_ doesn't put its ear to the ground to hear from the

North, nor does it care what Northern papers say. The crime is our own,

and the disgrace falls on us."

"Where, in fact," said the _Age-Herald_, "does such business lead to? The

answer is summed up in a word--anarchy!"

It would be well if every community in this country could read the full

report of Judge Speake's grand jury. It is a work of the sort struck off

only by men stirred to high things by what they feel to be a great

crisis; it is of the same metal as the Declaration of Independence. Here

is a single paragraph:

Realising that this is a supreme moment in our history; that we must

either take a stand for the law to-day or surrender to the mob and to

the anarchists for all time; that our actions shall make for good or

evil in future generations; forgetting our personal friendships and

affiliations, and with malice toward none, but acting only as sworn

officers of the state of Alabama, we, the grand jury of Madison

County, state of Alabama, find----

Ten members of the mob were indicted--and not for mere rioting or for

breaking into the jail, but for _murder_. The jury also charged Sheriff

Rodgers, Mayor Smith, and Chief of Police Overton with wilful neglect and

incompetence, and advised their impeachment. No one not understanding the

far-reaching family and political relationships in these old-settled

Southern communities, and the deep-seated feeling against punishment for

the crime of lynching, can form any adequate idea of what a sensation was

caused by the charges of the grand jury against the foremost officials of

the city. It came like a bolt from a clear sky; it was altogether an

astonishing procedure, at first not fully credited. When the utter

seriousness of Judge Speake came to be fully recognised, a good many men

hurriedly left town. The Birmingham soldiers, led by a captain with

backbone, arrested a number of those who remained. Judge Speake ordered a

special trial jury, and appointed an able lawyer to assist Prosecutor

Pettus in bringing the lynchers to justice. The very next week the trials

were begun.

_Difficulty of Breaking the Lynching Habit_

By this time, however, the usual influences had begun to work; the moral

revulsion had carried far, and the rebound had come. The energetic judge

and his solicitors found themselves face to face with the bad old jury

system, with the deep-seated distrust of the courts, with the rooted habit

of non-punishment for lynchers. Moreover, it was found that certain wild

young men, with good family connections, had been mixed up in the mob--and

all the strong family and political machinery of the country began to

array itself against conviction. A community has exactly as hard a road to

travel in breaking a bad habit as an individual. The New South is having

a struggle to break the habits of the Old South. It was found, also, that

the great mass of people in the country, as well as the millworkers in the

city, were still strongly in favour of punishment by lynching. One hundred

and ten veniremen examined for jurors to try the lynchers were asked this

question; "If you were satisfied from the evidence beyond a reasonable

doubt that the defendant took part with or abetted the mob in murdering a

Negro, would you favour his conviction?" And seventy-six of them answered,

"No."

In other words, a large majority believed that a white man should not be

punished for lynching a Negro. And when the juries were finally obtained,

although the evidence was conclusive, they acquitted the lynchers, one

after another. Only one man in one jury stood out for conviction--a young

clerk named S. M. Blair, a pretty good type of the modern hero. He hung

the jury, and so bitter was the feeling against him among the millworkers

that they threatened to boycott his employer.

_Relation of Lynching to the "Usual Crime"_

This is the reasoning of many of the men chosen as jurors; I heard it over

and over again, not only in Huntsville but, in substance, everywhere that

I stopped in the South:

"If we convict these men for lynching the Negro, Maples, we shall

establish a precedent that will prevent us from lynching for the crime of

rape."

Every argument on lynching in the South gets back sooner or later to this

question of rape. Ask any high-class citizen--the very highest--if he

believes in lynching, and he will tell you roundly, "No." Ask him about

lynching for rape, and in ninety-nine cases out of a hundred he will

instantly weaken.

"If my sister or my daughter--look here, if your sister or your

daughter----"

Lynching, he says, is absolutely necessary to keep down this crime. You

ask him why the law cannot be depended upon, and he replies:

"It is too great an ordeal for the self-respecting white woman to go into

court and accuse the Negro ravisher and withstand a public

cross-examination. It is intolerable. No woman will do it. And, besides,

the courts are uncertain. Lynching is the only remedy."

Yet the South is deeply stirred over the prevalence of lynching. The mob

spirit, invoked to punish such a crime as rape, is defended by some people

in the North as well as in the South; but once invoked, it spreads and

spreads, until to-day lynching for rape forms only a very small proportion

of the total number of mob hangings. It spreads until a Negro is lynched

for chicken stealing, or for mere "obnoxiousness." In the year 1903, out

of 103 lynchings, only 11 were for rape and 10 for attempted rape, while

47 were for murder, 15 for complicity in murderous assault, 4 for arson, 5

for mere "race prejudice," 2 for insults to whites, 1 for making threats,

5 for unknown offenses, 1 for refusing to give information, and 3 were

wholly innocent Negroes, lynched because their identity was mistaken. It

is probable that lynching in the South would immediately be wiped out, if

it were not for the question of rape. You will hear the problem put by

thinking Southerners very much in this fashion:

"We must stop mob-law; every month we recognise that fact more clearly.

But can we stop mob-law unless we go to the heart of the matter and stop

lynching for rape? Is there not a way of changing our methods of legal

procedure so that the offender in this crime can be punished without

subjecting the victim to the horrible publicity of the courts?"

_Governor Cunningham--A Real Leader_

But I have wandered from my story. In Acting-Governor Cunningham, the

people of Alabama had a leader who was not afraid to handle a dangerous

subject like lynching. He sent a court of inquiry to Huntsville, which

found the local military company "worthless and inefficient," because it

had failed to protect the jail. Immediately, upon the receipt of this

report, the Governor dismissed the Huntsville company from the service,

every man in it. Quite a contrast from the action at Statesboro! The

Governor then went a step further: he ordered the impeachment of the

sheriff. A little later Federal Judge Jones took up the case, charged his

jury vigorously, and some of the mob rioters were indicted in the federal

courts.

Governor Cunningham took a bold stand against mob-law everywhere and

anywhere in the state:

"I am opposed to mob-law," he said, "of whatsoever kind, for any and all

causes. If lynching is to be justified or extenuated for any crime, be it

ever so serious, it will lead to the same method of punishment for other

crimes of a less degree of depravity, and through the operation of the

process of evolution, will enlarge more and more the field of operation

for this form of lawlessness."

It means something also when citizens, in support of their institutions

and out of love of their city, rise above politics. Judge Speake had been

nominated by the Democrats to succeed himself. A Democratic nomination in

Alabama means election. After his vigorous campaign against the lynchers,

he became exceedingly unpopular among the majority of the people. They

resolved to defeat him. A committee waited on Shelby Pleasants, a

prominent Republican lawyer, and asked him to run against Judge Speake,

assuring him a certain election.

"I will not be a mob's candidate," he said. "I indorse every action of

Judge Speake."

The committee approached several other lawyers, but not one of them would

run against the judge, and the Republican newspaper of the town came out

strongly in support of Judge Speake, even publishing his name at the head

of its editorial columns. Before he could be elected, however, a decision

of the State Supreme Court, unconnected in any way with the lynching,

followed like fate, and deprived Madison County of his services. He was

now a private citizen, and even if he had come up for nomination to any

political office, he would undoubtedly have been defeated. The New South

is not yet strong enough to defy the Old South politically.

_Influences Tending to Prevent Future Lynchings in the South_

The influences against lynching in the South are constantly growing

stronger. With most (not all) of the newspapers, the preachers and the

best citizens united against it, the outlook is full of hope. And rural

free delivery and country telephones, spreading in every direction, are

inestimable influences in the quickening of public opinion. Better roads

are being built, the country is settling up with white people, schools are

improving and the population generally, after a series of profitable

cotton crops, is highly prosperous--all influences working toward the

solution of this problem.

When I went South I shared the impression of many Northerners that the

South was lawless and did not care--an impression that arises from the

wide publication of the horrible details of every lynching that occurs,

and the utter silence regarding those deep, quiet, and yet powerful moral

and industrial forces which are at the work of rejuvenation beneath the

surface--an account of which I have given. I came away from the South

deeply impressed with two things:

That the South is making fully as good progress in overcoming its peculiar

forms of lawlessness as the North is making in overcoming _its_ peculiar

forms.

II.--LYNCHING IN THE NORTH

Having looked, into two Southern lynching towns, let us now see what a

Northern lynching is like. The comparison is highly interesting and

illuminating.

Springfield, O., is one of the most prosperous of the smaller cities of

the state. It is a beautiful town having, in 1904, some 41,000 people. It

has fine streets, fine buildings, busy factories, churches, an imposing

library. Some of the older families have resided there for nearly a

century. It is the seat of government of one of the most fertile and

attractive counties in the state: an altogether progressive, enlightened

city. Of its population in 1904 over 6,000 were Negroes (about

one-seventh), a considerable proportion of whom are recent settlers. Large

numbers of Negroes, as I have shown in former chapters, have been

migrating from the South, and crowding into Northern towns located along

the Ohio or in those portions of Indiana, Illinois, Ohio, Pennsylvania,

Kansas, and other states, which border on the Old South. Many of the

Negroes in Springfield came from Kentucky. We discover in these Northern

towns exactly as in the South, the two classes of Negroes: the steady,

resident class, more or less known to the whites, and a restless,

unstable, ignorant class, coming to one neighbourhood to-day to help build

a bridge, and going elsewhere to-morrow to dig a canal. For years no such

thing as race prejudice existed in Springfield; but with the growth of

Negro population it increased with rapidity. For instance, a druggist in

Springfield refused to sell soda-water to a Negro college professor, the

typesetters in a publishing house compelled the discharge of Negro

workmen, a Negro physician visited the high-school, found the half-dozen

Negro pupils sitting by themselves and, angrily charging discrimination,

ordered his child to sit among the white children. This feeling of race

repulsion was especially noticeable between the working class of white men

and the Negroes who come more or less into industrial competition with

them. The use of Negroes for breaking strikes in the coalfields and

elsewhere has been a fertile source of discord, kindling the fire of race

prejudice in places where it never before existed.

_How the Negroes Sold Their Votes_

In Springfield there were about 1,500 Negro voters, many of whom were

bought at every election. The Democrats and the Republicans were so evenly

divided that the city administration was Democratic and the county

administration Republican. The venal Negro vote went to the highest

bidder, carried the elections, and, with the whiskey influence, governed

the town. Springfield, enlightened, educated, progressive, highly

American, had 145 saloons--or one to every 285 people. Before the

lynching, nine of these were Negro saloons--some of them indescribably

vile. A row of houses along the railroad tracks, not three blocks from the

heart of the city, was known as the Levee. It was a Negro row composed of

saloons and disorderly houses, where the lowest of the low, Negro men and

both Negro and white women, made a general rendezvous. Just back of it was

one of the foremost Catholic churches in town; hardly a block away were

the post-office, the public library, and the foremost club of the city,

and within three or four hundred yards were the back doors of some of the

city's most aristocratic residences. For years, the ineffective good

citizen had protested against these abominable resorts, but when the

Republicans wanted to win they needed the votes from these places, and

when the Democrats wanted to win _they_ needed them. Burnett, the

Democratic boss, said in a tone of real injury to a gentleman--a

Democrat--who protested against the protection of the Levee:

"Don't you want the party to win? We've got to have those sixty or eighty

votes from Hurley"--Hurley being the notorious Negro proprietor of a dive

called the Honky Tonk.

_Corrupt Politics and the Negro Question_

So these vile places remained open, protected by the police, breeding

crime, and encouraging arrogance, idleness, and vice among the Negroes.

And yet one will hear good citizens of Springfield complaining that the

Negroes make themselves conspicuous and obnoxious at primaries and

elections, standing around, waiting, and refusing to vote until they

receive money in hand.

"To my mind," one of these citizens said to me, "the conspicuousness of

the Negro at elections is one of the chief causes of race prejudice."

But who is to blame? The Negro who accepts the bribe, or the white

politician who is eager to give it, or the white business man who,

desiring special privileges, stands behind the white politician, or the

ordinary citizen who doesn't care? Talk with these politicians on the one

hand, and the impractical reformers on the other, and they will tell you

in all seriousness of the sins of the South in disfranchising the Negro.

"Every Negro in Springfield," I was told, "exercises his right to vote."

If you were to tell these men that the Negroes of Springfield are

disfranchised as absolutely as they are anywhere in the South, they would

stare at you in amazement. But a purchased voter is a disfranchised voter.

The Negroes have no more real voice in the government of Springfield than

they have in the government of Savannah or New Orleans. In the South the

Negro has been disfranchised by law or by intimidation: in the North by

cash. Which is worse?

_Story of the Crime that Led to the Lynching_

A few months before the lynching a Negro named Dixon arrived in

Springfield from Kentucky. He was one of the illiterate, idle, floating

sort. He had with him a woman not his wife, with whom he quarrelled. He

was arrested and brought into court.

I am profoundly conscious of the seriousness of any charge which touches

upon our courts, the last resort of justice, and yet it was a matter of

common report that "justice was easy" in Clark County, that laws were not

enforced, that criminals were allowed to escape on suspended sentence. I

heard this talk everywhere, often coupled with personal accusations

against the judges, but I could not discover that the judges were more

remiss than other officials. They were afflicted with no other disease.

Even in a serious sociological study of Clark County by Professor E. S.

Tood, I find this statement:

In Springfield, one of the chief faults of the municipal system has

been and is the laxity and discrimination in the enforcement of the

law. Many of the municipal ordinances have been shelved for years.

The saloon closing ordinances are enforced intermittently, as are

those concerning gambling.

When the Negro Dixon was brought into court he was convicted and let out

on suspended sentence. He got drunk immediately and was again arrested,

this time serving several weeks in jail. The moment he was free he began

quarrelling with his "wife," in a house directly across the street from

police headquarters. An officer named Collis tried to make peace and Dixon

deliberately shot him through the stomach, also wounding the woman.

This was on Sunday. Dixon was immediately placed in the county jail.

Collis died the next morning.

_Human Life Cheap in Clark County_

I have called attention to the fact that the lynching town nearly always

has a previous bad record of homicide. Disregard for the sacredness of

human life seems to be in the air of these places. Springfield was no

exception. Between January 1, 1902, and March 7, 1904, the day of the

lynching, a little more than two years, no fewer than ten homicides were

committed in the city of Springfield. White men committed five of these

crimes and Negroes five. Three of the cases were decided within a short

time before the lynching and the punishment administered was widely

criticised. Bishop, a coloured man who had killed a coloured man, was

fined $200 and sentenced to six months in the workhouse. This was for

_killing a man_. O'Brien, a white man, who killed a white man, got one

year in the penitentiary. And only a week before the lynching,

Schocknessy, a white man who killed a white man, but who had influential

political friends, went scott-free!

On the morning after the Collis murder, the _Daily Sun_ published a list

of the recent homicides in Springfield in big type on its first page and

asked editorially:

"What are you going to do about it?"

It then answered its own question:

"Nothing."

The following morning, after the lynching, the same paper printed in its

headlines:

AWFUL REBUKE TO THE COURTS

_They Have Temporised With the Criminal Classes Until Patience was

Exhausted_

I cite these facts to show the underlying conditions in Springfield; a

soil richly prepared for an outbreak of mob law--with corrupt politics,

vile saloons, the law paralysed by non-enforcement against vice, a large

venal Negro vote, lax courts of justice.

_Gathering of the Lynching Mob_

Well, on Monday afternoon the mob began to gather. At first it was an

absurd, ineffectual crowd, made up largely of lawless boys of sixteen to

twenty--a pronounced feature of every mob--with a wide fringe of more

respectable citizens, their hands in their pockets and no convictions in

their souls, looking on curiously, helplessly. They gathered hooting

around the jail, cowardly, at first, as all mobs are, but growing bolder

as darkness came on and no move was made to check them. The murder of

Collis was not a horrible, soul-rending crime like that at Statesboro,

Ga.; these men in the mob were not personal friends of the murdered man;

it was a mob from the back rooms of the swarming saloons of Springfield;

and it included also the sort of idle boys "who hang around cigar stores,"

as one observer told me. The newspaper reports are fond of describing

lynching mobs as "made up of the foremost citizens of the town." In few

cases that I know of, either South or North, except in back country

neighbourhoods, has a mob been made up of what may be called the best

citizens; but the best citizens have often stood afar off "decrying the

mob"--as a Springfield man told me--and letting it go on. A mob is the

method by which good citizens turn over the law and the government to the

criminal or irresponsible classes.

And no official in direct authority in Springfield that evening,

apparently, had so much as an ounce of grit within him. The sheriff came

out and made a weak speech in which he said he "didn't want to hurt

anybody." They threw stones at him and broke his windows. The chief of

police sent eighteen men to the jail but did not go near himself. All of

these policemen undoubtedly sympathised with the mob in its efforts to get

at the slayer of their brother officer; at least, they did nothing

effective to prevent the lynching. An appeal was made to the Mayor to

order out the engine companies that water might be turned on the mob. He

said he didn't like to; _the hose might be cut_. The local militia company

was called to its barracks, but the officer in charge hesitated,

vacillated, doubted his authority, and objected finally because he had no

ammunition _except_ Krag-Jorgenson cartridges, which, if fired into a mob,

would kill too many people! The soldiers did not stir that night from the

safe and comfortable precincts of their armoury.

A sort of dry rot, a moral paralysis, seems to strike the administrators

of law in a town like Springfield. What can be expected of officers who

are not accustomed to enforce the law, or of a people not accustomed to

obey it--or who make reservations and exceptions when they do enforce it

or obey it?

_Threats to Lynch the Judges_

When the sheriff made his speech to the mob, urging them to let the law

take its course they jeered him. The law! When, in the past, had the law

taken its proper course in Clark County? Some one shouted, referring to

Dixon:

"He'll only get fined for shooting in the city limits."

"He'll get ten days in jail and suspended sentence."

Then there were voices:

"Let's go hang Mower and Miller"--the two judges.

This threat indeed, was frequently repeated both on the night of the

lynching and on the day following.

So the mob came finally, and cracked the door of the jail with a railroad

rail. This jail is said to be the strongest in Ohio, and having seen it, I

can well believe that the report is true. But steel bars have never yet

kept out a mob; it takes something a good deal stronger: human courage

backed up by the consciousness of being right.

They murdered the Negro in cold blood in the jail doorway; then they

dragged him to the principal business street and hung him to a

telegraph-pole, afterward riddling his lifeless body with revolver shots.

_Lesson of a Hanging Negro_

That was the end of that! Mob justice administered! And there the Negro

hung until daylight the next morning--an unspeakably grizzly, dangling

horror, advertising the shame of the town. His head was shockingly crooked

to one side, his ragged clothing, cut for souvenirs, exposed in places his

bare body: he dripped blood. And, with the crowds of men both here and at

the morgue where the body was publicly exhibited, came young boys in

knickerbockers, and little girls and women by scores, horrified but

curious. They came even with baby carriages! Men made jokes: "A dead

nigger is a good nigger." And the purblind, dollars-and-cents man, most

despicable of all, was congratulating the public:

"It'll save the county a lot of money!"

Significant lessons, these, for the young!

But the mob wasn't through with its work. Easy people imagine that, having

hanged a Negro, the mob goes quietly about its business; but that is never

the way of the mob. Once released, the spirit of anarchy spreads and

spreads, not subsiding until it has accomplished its full measure of evil.

_Mob Burning of Negro Saloons_

All the following day a rumbling, angry crowd filled the streets of

Springfield, threatening to burn out the notorious Levee, threatening

Judges Mower and Miller, threatening the "niggers." The local troops--to

say nothing of the police force--which might easily have broken up the

mob, remained sedulously in their armouries, vacillating, doubtful of

authority, knowing that there were threats to burn and destroy, and making

not one move toward the protection of the public. One of the captains was

even permitted to go to a neighbouring city to a dance! At the very same

time the panic-stricken officials were summoning troops from other towns.

So night came on, the mob gathered around the notorious dives, some one

touched a match, and the places of crime suddenly disgorged their foul

inhabitants. Black and white, they came pouring out and vanished into the

darkness where they belonged--from whence they did not return. Eight

buildings went up in smoke, the fire department

deliberating--intentionally, it is said--until the flames could not be

controlled. The troops, almost driven out by the county prosecutor,

McGrew, appeared after the mob had completed its work.

Good work, badly done, a living demonstration of the inevitability of

law--if not orderly, decent law, then of mob-law.

For days following the troops filled Springfield, costing the state large

sums of money, costing the county large sums of money. They chiefly

guarded the public fountain; the mob had gone home--until next time.

_Efforts to Punish the Mob_

What happened after that? A perfunctory court-martial, that did absolutely

nothing. A grand jury of really good citizens that sat for weeks, off and

on; and like the mountain that was in travail and brought forth a mouse,

they indicted two boys and two men out of all that mob, not for murder,

but for "breaking into jail." And, curiously enough, it developed--how do

such things develop?--that every man on the grand jury was a Republican,

chosen by Republican county officers, and in their report they severely

censured the police force (Democratic), and the mayor (Democratic), and

had not one word of disapproval for the sheriff (Republican). Curiously

enough, also, the public did not become enthusiastic over the report of

that grand jury.

But the worst feature of all in this Springfield lynching was the apathy

of the public. No one really seemed to care. A "nigger" had been hanged:

what of it? But the law itself had been lynched. What of that? I had just

come from the South, where I had found the people of several lynching

towns in a state of deep excitement--moral excitement if you like,

thinking about this problem, quarrelling about it, expelling men from the

church, impeaching sheriffs, dishonourably discharging whole militia

companies. Here in Springfield, I found cold apathy, except for a few fine

citizens, one of whom, City Solicitor Stewart L. Tatum, promptly offered

his services to the sheriff and assisted in a vain effort to remove the

Negro in a closed carriage and afterward at the risk of personal assault

earnestly attempted to defeat the purposes of the mob. Another of these

citizens, the Rev. Father Cogan, pleaded with the mob on the second night

of the rioting at risk to himself; another withdrew from the militia

company because it had not done its duty. And afterward the city officials

were stirred by the faintest of faint spasms of righteousness: some of the

Negro saloons were closed up, but within a month, the most notorious of

all the dive-keepers, Hurley, the Negro political boss, was permitted to

open an establishment--through the medium of a brother-in-law!

If there ever was an example of good citizenship lying flat on its back

with political corruption squatting on its neck, Springfield furnished an

example of that condition. There was no reconstructive movement, no rising

and organisation of the better sort of citizens. Negro dives gradually

reopened, the same corrupt politics continued: and the result was logical

and inevitable. About two years later, in February, 1906, another race

riot broke out in Springfield--worse in some ways than the first. On

February 26th, Martin M. Davis, a white brakeman, was shot in the railroad

yards near a row of notorious Negro houses, by Edward Dean, a coloured

man. The Negro was at once removed from the city and a mob which had

gathered in anticipation of another lynching, when it was cheated of its

victim, set fire to a number of houses in the Negro settlement. The

militia was at once called out, but the following night the mob gathered

as before and visiting the Negro settlement, tried to set fire to other

buildings.

It is significant that on the very night that this riot occurred the city

council had under consideration an ordinance prohibiting the use of

screens or other obstructions to the view of the interior of saloons after

closing hours on week days or during Sundays. A committee of the council,

favourable to the saloon interests, had recommended that the ordinance be

not acted upon by council but referred to the people at a distant

election, a proposition wholly illegal. While Stewart L. Tatum the city

solicitor to whom I have already referred, argued to the council the

illegality of the proposal made by the committee the noise of the mob

reached the council chamber and the friends of the ordinance seized the

opportunity to adjourn and delay action that would evidently result in the

defeat of the ordinance.

Finally, as a result of both these riots, the city was mildly stirred; a

Civic League was formed by prominent citizens and the _attack on property_

vigorously deprecated; the passage of the screen ordinance was recommended

and at the next meeting of the council this ordinance, which had been

vetoed by the mayor of the previous administration and had excited

considerable public interest during a period of two years, was passed and

has proved of great assistance to the police department in controlling the

low saloons where the riot spirit is bred.

I turn with pleasure from the story of this lynching to another Northern

town, where I found as satisfying an example of how to deal with a mob as

this country has known.

In Springfield we had an exhibition of nearly complete supineness and

apathy before the mob; in Statesboro, Ga., we discovered a decided

law-and-order element, not strong enough, however, to do much; in

Huntsville, Ala., we had a tremendous moral awakening. In Danville, Ill.,

we find an example of law vindicated, magnificently and completely,

through the heroism of a single man, backed up later by wholesome public

opinion.

_Character of Danville, Ill._

Danville presented many of the characteristics of Springfield, O. It had a

growing Negro population and there had been an awakening race prejudice

between the white workingmen and the Negroes, especially in the

neighbouring coal mines.

As in other places where lynchings have occurred, I found that Vermilion

County, of which Danville is the seat, had also a heavy record of homicide

and other crime. They counted there on a homicide every sixty days; at the

term of court preceding the lynching seven murder trials were on the

docket; and in all its history the county never had had a legal hanging,

though it had suffered two lynchings. The criminal record of Vermilion

County was exceeded at that time only by Cook County (Chicago), and St.

Clair County (East St. Louis), where the horrible lynching of a Negro

schoolmaster took place (at Belleville) in the preceding summer.

_Story of a Starved Negro_

The crime which caused the rioting was committed by the familiar vagrant

Negro from the South--in this case a Kentucky Negro named Wilson--a

miserable, illiterate, half-starved creature who had been following a

circus. He had begged along the road in Indiana and no one would feed him.

He came across the line into Illinois, found a farmhouse door open, saw

food on the table, and darted in to steal it. As he was leaving, the woman

of the house appeared. In an animal-like panic, the Negro darted for the

door, knocking the woman down as he escaped. Immediately the cry went up

that there had been an attempted criminal assault, but the sheriff told me

that the woman never made any such charge and the Negro bore all the

evidence of the truthfulness of the assertion that he was starving; he was

so emaciated with hunger that even after his arrest the sheriff dared not

allow him a full meal.

_Hot Weather and Mobs_

But it was enough to stir up the mob spirit. It was Saturday night, July

25th, and the usual crowd from all over the county had gathered in the

town. Among the crowd were many coal miners, who had just been paid off

and were drinking. As in Springfield, the town had a very large number of

saloons, ninety-one within a radius of five miles, to a population of

some 25,000. Most Northern towns are far worse in this respect than the

average Southern town. It was a hot night; mobs work best in hot weather.

Statistics, indeed, show that the great majority of lynchings take place

in the summer, particularly in July and August.

It was known that the sheriff had brought his Negro prisoner to the jail,

and the crime was widely discussed. The whole city was a sort of human

tinder-box, ready to flare up at a spark of violence.

Well, the spark came--in a saloon. Metcalf, a Negro, had words with a

well-known white butcher named Henry Gatterman. Both had been drinking.

The Negro drew a revolver and shot Gatterman dead. Instantly the city was

in a furor of excitement. The police appeared and arrested Metcalf, and

got him finally with great difficulty to the police station, where he was

locked up. A mob formed instantly. It was led, at first, by a crowd of

lawless boys from sixteen to eighteen years old. Rapidly gathering

strength, it rushed into the city hall, and although the mayor, the chief

of police, and nearly the entire police force were present, they got the

Negro out and hanged him to a telegraph-pole in the main street of the

town, afterward shooting his body full of holes.

Intoxicated by their swift success and, mob-like, growing in recklessness

and bloodthirstiness, they now turned upon the jail determined to lynch

the Negro Wilson. It was a much uglier mob than any I have hitherto

described; it was a drunken mob, and it had already tasted blood. It

swarmed around the jail, yelling, shooting, and breaking the windows with

stones.

_A "Strict" Sheriff_

Sheriff Hardy H. Whitlock of Vermilion County had never been looked upon

as an especially remarkable man--except, as I was told everywhere, he had

a record as _a strict sheriff_, as a man who did his best to enforce the

law in times of peace. He and the state's attorney were so industrious

that they caught and punished four times as many criminals in proportion

to population as were convicted in Chicago. The sheriff was a big, solid,

deliberate man with gray eyes. He was born in Tennessee. His father was an

itinerant Presbyterian preacher, always poor, doing good for everybody

but himself, and stern in his conceptions of right and wrong. His mother,

as the sheriff related, made him obey the law with peach-tree switches.

His history was the commonest of the common; not much education, had to

make his living, worked in a livery stable. He was faithful at that,

temperate, friendly. They elected him constable, an office that he held

for seven years. He was faithful at that. They elected him sheriff of the

county. He went at the new task as he had at all his other work, with no

especial brilliancy, but steadily doing his duty, catching criminals. He

found a great deal to learn and he learned. The extradition laws of the

states troubled him when he wanted to bring prisoners home. There was no

compilation of the laws on the subject. Here was work to be done. Although

no lawyer, he went at it laboriously and compiled a book of five hundred

pages, containing all the extradition laws of the country, and had it

published at his own expense.

_Defending a Jail With a Riot-gun_

And when the crisis came that night with the mob howling around his jail,

Hardy Whitlock had become so accustomed to doing his duty that he didn't

know how to do anything else. Here was the jail to be protected: he

intended to protect it. He sent for no troops--there was no time

anyhow--nor for the police. He had a couple of deputies and his wife.

Though the mob was breaking the windows of the house and the children were

there, his wife said:

"Give me a gun, Hardy, and I'll stay by you."

The sheriff went out on the porch, unarmed, in his shirt-sleeves, and made

them a little speech. They yelled at him, threw stones, fired revolvers.

They brought a railroad rail to break in the door. He went out among them,

called them Bill, and Jim, and Dick, and persuaded them to put it down;

but others took it up willingly.

"Are you going to open the door?" they yelled.

"No!" said the sheriff.

Then he went in and got his riot-gun, well loaded with duck-shot. He was

one man against two thousand. They began battering on the iron door,

yelling and shooting. It was not an especially strong door, and it began

to give at the bottom, and finally bent inward enough to admit a man's

body. The crucial moment had come: and the sheriff was there to meet it.

He stuck his riot-gun out of the opening and began firing. The mob fell

back but came charging forward again, wild with passion. The sheriff fired

again, seven times in all, and one of his deputies opened with a revolver.

For a time pandemonium reigned; they attempted the house entrance of the

jail; the sheriff was there also with his riot-gun; they threatened

dynamite and fire. They cut down the Negro, Metcalf, brought him in front

of the jail, piled straw on the body and attempted to burn it. Part of the

time they were incited to greater violence by a woman who stood in a

waggon-box across the street. So they raged all night, firing at the jail,

but not daring to come too near the man with the riot-gun.

"On Sunday," the sheriff told me, "I realised I was up against it. I knew

the tough element in town had it in for me."

_How a Real Sheriff Punished a Mob_

They even threatened him on the street. A large number of men had been

wounded by the firing, some dangerously, though no one, fortunately, was

killed. The sheriff stood alone in the town. A lesser man might still have

failed ignominiously. But Whitlock went about the nearest duty: punishing

the rioters. He had warrants issued and arrested every man he could find

who was streaked or speckled with shot--indubitable evidence of his

presence in the mob at the jail door. Many fled the city, but he got

twenty or thirty.

Vermilion County also had a prosecuting attorney who knew his duty--J. W.

Keeslar. Judge Thompson called a grand jury, Attorney Keeslar pushed the

cases with great vigour, and this was the result: thirteen men and one

woman (the disorderly woman of the waggon-box) were sent to the

penitentiary, eight others were heavily fined. At the same time the Negro,

Wilson, came up for trial, pleaded guilty, and was legally punished by a

term in the penitentiary.

[Illustration: CHARLES W. CHESNUTT

The well-known novelist, author of "The Colonel's Dream," "The House

Behind the Cedars," "The Conjure Woman," etc. Mr. Chesnutt is a lawyer in

Cleveland, Ohio.

Photograph by Edmondson]

And the people came strongly to the support of their officers. Hardy

Whitlock became one of the most popular men in the county. Keeslar, coming

up for reelection the following fall, with mob-law for the essential

issue, was returned to his office with an overwhelming majority. The

sheriff told me that, in his opinion, the success of the officers in

convicting the lynchers was due largely to a thoroughly awakened public

opinion, the strong attitude of the newspapers, especially those of

Chicago, the help of the governor, and the feeling, somehow, that the best

sentiment of the county was behind them.

_Conclusions Regarding Lynching in This Country_

And finally, we may, perhaps venture upon a few general conclusions.

Lynching in this country is peculiarly the white man's burden. The white

man has taken all the responsibility of government; he really governs in

the North as well as in the South, in the North disfranchising the Negro

with cash, in the South by law or by intimidation. All the machinery of

justice is in his hands. How keen is the need, then, of calmness and

strict justice in dealing with the Negro! Nothing more surely tends to

bring the white man down to the lowest level of the criminal Negro than

yielding to those blind instincts of savagery which find expression in the

mob. The man who joins a mob, by his very acts, puts himself on a level

with the Negro criminal: both have given way wholly to brute passion. For,

if civilisation means anything, it means self-restraint; casting away

self-restraint the white man becomes as savage as the criminal Negro.

If the white man sets an example of non-obedience to law, of

non-enforcement of law, and of unequal justice, what can be expected of

the Negro? A criminal father is a poor preacher of homilies to a wayward

son. The Negro sees a man, white or black, commit murder and go free, over

and over again in all these lynching counties. Why should he fear to

murder? Every passion of the white man is reflected and emphasised in the

criminal Negro.

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