the only excuse which capital punishment attempts to find is upon the theory that the criminal is past the power of reformation and his life is a constant menace to the community. if, however, he is mentally unbalanced, irresponsible for his acts, there can be no more inhuman act conceived of than the wilful sacrifice of his life. so thoroughly is that principle grounded in the law, that all civilized society surrounds human life with a safeguard, which prevents the execution of a criminal who is insane, even if sane at the time of his criminal act. should he become insane after its commission the law steps in and protects him during the period of his insanity. but lynch law has no such regard for human life. assuming for itself an absolute supremacy over the law of the land, it has time and again dyed its hands in the blood of men who were imbeciles. two or three noteworthy cases will suffice to show with what inhuman ferocity irresponsible men have been put to death by this system of injustice.
an instance occurred during the year 1892 in arkansas, a report of which is given in full in the arkansas democrat, published at little rock, in that state, on the eleventh day of february of that year. the paper mentioned is perhaps one of the leading weeklies in that state and the account given in detail has every mark of a careful and conscientious investigation. the victims of this tragedy were a colored man, named hamp biscoe, his wife and a thirteen-year-old son. hamp biscoe, it appears, was a hard working, thrifty farmer, who lived near england, arkansas, upon a small farm with his family. the investigation of the tragedy was conducted by a resident of arkansas named r.b. caries, a white man, who furnished the account to the arkansas democrat over his own signature. he says the original trouble which led to the lynching was a quarrel between biscoe and a white man about a debt. about six years after biscoe preempted his land, a white man made a demand of $100 upon him for services in showing him the land and making the sale. biscoe denied the service and refused to pay the demand. the white man, however, brought suit, obtained judgment for the hundred dollars and biscoe's farm was sold to pay the judgment.
the suit, judgment and subsequent legal proceedings appear to have driven biscoe almost crazy and brooding over his wrongs he grew to be a confirmed imbecile. he would allow but few men, white or colored, to come upon his place, as he suspected every stranger to be planning to steal his farm. a week preceding the tragedy, a white man named venable, whose farm adjoined biscoe's, let down the fence and proceeded to drive through biscoe's field. the latter saw him; grew very excited, cursed him and drove him from his farm with bitter oaths and violent threats. venable went away and secured a warrant for biscoe's arrest. this warrant was placed in the hands of a constable named john ford, who took a colored deputy and two white men out to biscoe's farm to make the arrest. when they arrived at the house biscoe refused to be arrested and warned them he would shoot if they persisted in their attempt to arrest him. the warning was unheeded by ford, who entered upon the premises, when biscoe, true to his word, fired upon him. the load tore a part of his clothes from his body, one shot going through his arm and entering his breast. after he had fallen, ford drew his revolver and shot biscoe in the head and his wife through the arm. the negro deputy then began firing and struck biscoe in the small of the back. ford's wound was not dangerous and in a few days he was able to be around again. biscoe, however, was so severely shot that he was unable to stand after the firing was over.
two other white men hearing the exchange of shots went to the rescue of the officers, forced open the door of biscoe's cabin and arrested him, his wife and thirteen-year-old son, and took them, together with a babe at the breast, to a small frame house near the depot and put them under guard. the subsequent proceedings were briefly told by mr. carlee in the columns of the arkansas democrat above mentioned, from whose account the following excerpt is taken:
it was rumored here that the negroes were to be lynched that night, but i do not think it was generally credited, as it was not believed that ford was greatly hurt and the negro was held to be fatally injured and crazy at that. but that night, about 8 o'clock, a party of perhaps twelve or fifteen men, a number of whom were known to the guards, came to the house and told the negro guards they would take care of the prisoners now, and for them to leave; as they did not obey at once they were persuaded to leave with words that did not admit of delay.
the woman began to cry and said, "you intend to kill us to get our money." they told her to hush (she was heavy with child and had a child at her breast) as they intended to give her a nice present. the guards heard no more, but hastened to a negro church near by and urged the preacher to go up and stop the mob. a few minutes after, the shooting began, perhaps about forty shots being fired. the white men then left rapidly and the negroes went to the house. hamp biscoe and his wife were killed, the baby had a slight wound across the upper lip; the boy was still alive and lived until after midnight, talking rationally and telling who did the shooting.
he said when they came in and shot his father, he attempted to run out of doors and a young man shot him in the bowels and that he fell. he saw another man shoot his mother and a taller young man, whom he did not know, shoot his father. after they had killed them, the young man who had shot his mother pulled off her stockings and took $220 in currency that she had hid there. the men then came to the door where the boy was lying and one of them turned him over and put his pistol to his breast and shot him again. this is the story the dying boy told as near as i can get it. it is quite singular that the guards and those who had conversed with him were not required to testify. the woman was known to have the money as she had exposed it that day. she also had $36 in silver, which the plunderer of the body did not get. the negro was undoubtedly insane and had been for several years. the citizens of this community condemn the murder and have no sympathy with it. the negro was a well-to-do farmer, but had become crazed because he was convinced some plot had been made to steal his land and only a few days ago declared that he expected to die in defense of his home in a short time and he did not care how soon. the killing of a woman with the child at her breast and in her condition, and also a young boy, was extremely brutal. as for hamp biscoe he was dangerous and should long have been confined in the insane asylum. such were the facts as near as i can get them and you can use them as you see fit, but i would prefer you would suppress the names charged by the negroes with the killing.
perhaps the civilized world will think, that with all these facts laid before the public, by a writer who signs his name to his communication, in a land where grand juries are sworn to investigate, where judges and juries are sworn to administer the law and sheriffs are paid to execute the decrees of the courts, and where, in fact, every instrument of civilization is supposed to work for the common good of all citizens, that this matter was duly investigated, the criminals apprehended and the punishment meted out to the murderers. but this is a mistake; nothing of the kind was done or attempted. six months after the publication, above referred to, an investigator, writing to find out what had been done in the matter, received the following reply:
office of
s.s. glover,
sheriff and collector,
lonoke county.
lonoke, ark., 9-12-1892
geo. washington, esq.,
chicago, ill.
dear sir:—the parties who killed hamp briscoe february the ninth, have never been arrested. the parties are still in the county. it was done by some of the citizens, and those who know will not tell.
s.s. glover, sheriff
thus acts the mob with the victim of its fury, conscious that it will never be called to an account. not only is this true, but the moral support of those who are chosen by the people to execute the law, is frequently given to the support of lawlessness and mob violence. the press and even the pulpit, in the main either by silence or open apology, have condoned and encouraged this state of anarchy.
tortured and burned in texas
never in the history of civilization has any christian people stooped to such shocking brutality and indescribable barbarism as that which characterized the people of paris, texas, and adjacent communities on the first of february, 1893. the cause of this awful outbreak of human passion was the murder of a four-year-old child, daughter of a man named vance. this man, vance, had been a police officer in paris for years, and was known to be a man of bad temper, overbearing manner and given to harshly treating the prisoners under his care. he had arrested smith and, it is said, cruelly mistreated him. whether or not the murder of his child was an art of fiendish revenge, it has not been shown, but many persons who know of the incident have suggested that the secret of the attack on the child lay in a desire for revenge against its father.
in the same town there lived a negro, named henry smith, a well-known character, a kind of roustabout, who was generally considered a harmless, weak-minded fellow, not capable of doing any important work, but sufficiently able to do chores and odd jobs around the houses of the white people who cared to employ him. a few days before the final tragedy, this man, smith, was accused of murdering myrtle vance. the crime of murder was of itself bad enough, and to prove that against smith would have been amply sufficient in texas to have committed him to the gallows, but the finding of the child so exasperated the father and his friends, that they at once shamefully exaggerated the facts and declared that the babe had been ruthlessly assaulted and then killed. the truth was bad enough, but the white people of the community made it a point to exaggerate every detail of the awful affair, and to inflame the public mind so that nothing less than immediate and violent death would satisfy the populace. as a matter of fact, the child was not brutally assaulted as the world has been told in excuse for the awful barbarism of that day. persons who saw the child after its death, have stated, under the most solemn pledge to truth, that there was no evidence of such an assault as was published at that time, only a slight abrasion and discoloration was noticeable and that mostly about the neck. in spite of this fact, so eminent a man as bishop haygood deliberately and, it must also appear, maliciously falsified the fact by stating that the child was torn limb from limb, or to quote his own words, "first outraged with demoniacal cruelty and then taken by her heels and torn asunder in the mad wantonness of gorilla ferocity."
nothing is farther from the truth than that statement. it is a coldblooded, deliberate, brutal falsehood which this christian(?) bishop uses to bolster up the infamous plea that the people of paris were driven to insanity by learning that the little child had been viciously assaulted, choked to death, and then torn to pieces by a demon in human form. it was a brutal murder, but no more brutal than hundreds of murders which occur in this country, and which have been equalled every year in fiendishness and brutality, and for which the death penalty is prescribed by law and inflicted only after the person has been legally adjudged guilty of the crime. those who knew smith, believe that vance had at some time given him cause to seek revenge and that this fearful crime was the outgrowth of his attempt to avenge himself of some real or fancied wrong. that the murderer was known as an imbecile, had no effect whatever upon the people who thirsted for his blood. they determined to make an example of him and proceeded to carry out their purpose with unspeakably greater ferocity than that which characterized the half-crazy object of their revenge.
for a day or so after the child was found in the woods, smith remained in the vicinity as if nothing had happened, and when finally becoming aware that he was suspected, he made an attempt to escape. he was apprehended, however, not far from the scene of his crime and the news flashed across the country that the white christian people of paris, texas and the communities thereabout had deliberately determined to lay aside all forms of law and inaugurate an entirely new form of punishment for the murder. they absolutely refused to make any inquiry as to the sanity or insanity of their prisoner, but set the day and hour when in the presence of assembled thousands they put their helpless victim to the stake, tortured him, and then burned him to death for the delectation and satisfaction of christian people.
lest it might be charged that any description of the deeds of that day are exaggerated, a white man's description which was published in the white journals of this country is used. the new york sun of february 2, 1893, contains an account, from which we make the following excerpt:
paris, tex., feb. 1, 1893.—henry smith, the negro ravisher of four-year-old myrtle vance, has expiated in part his awful crime by death at the stake. ever since the perpetration of his awful crime this city and the entire surrounding country has been in a wild frenzy of excitement. when the news came last night that he had been captured at hope, ark., that he had been identified by b.b. sturgeon, james t. hicks, and many other of the paris searching party, the city was wild with joy over the apprehension of the brute. hundreds of people poured into the city from the adjoining country and the word passed from lip to lip that the punishment of the fiend should fit the crime that death by fire was the penalty smith should pay for the most atrocious murder and terrible outrage in texas history. curious and sympathizing alike, they came on train and wagons, on horse, and on foot to see if the frail mind of a man could think of a way to sufficiently punish the perpetrator of so terrible a crime. whisky shops were closed, unruly mobs were dispersed, schools were dismissed by a proclamation from the mayor, and everything was done in a business-like manner.
meeting of citizens
about 2 o'clock friday a mass meeting was called at the courthouse and captains appointed to search for the child. she was found mangled beyond recognition, covered with leaves and brush as above mentioned. as soon as it was learned upon the recovery of the body that the crime was so atrocious the whole town turned out in the chase. the railroads put up bulletins offering free transportation to all who would join in the search. posses went in every direction, and not a stone was left unturned. smith was tracked to detroit on foot, where he jumped on a freight train and left for his old home in hempstead county, arkansas. to this county he was tracked and yesterday captured at clow, a flag station on the arkansas & louisiana railway about twenty miles north of hope. upon being questioned the fiend denied everything, but upon being stripped for examination his undergarments were seen to be spattered with blood and a part of his shirt was torn off. he was kept under heavy guard at hope last night, and later on confessed the crime.
this morning he was brought through texarkana, where 5,000 people awaited the train, anxious to see a man who had received the fate of ed. coy. at that place speeches were made by prominent paris citizens, who asked that the prisoner be not molested by texarkana people, but that the guard be allowed to deliver him up to the outraged and indignant citizens of paris. along the road the train gathered strength from the various towns, the people crowded upon the platforms and tops of coaches anxious to see the lynching and the negro who was soon to be delivered to an infuriated mob.
burned at the stake
arriving here at 12 o'clock the train was met by a surging mass of humanity 10,000 strong. the negro was placed upon a carnival float in mockery of a king upon his throne, and, followed by an immense crowd, was escorted through the city so that all might see the most inhuman monster known in current history. the line of march was up main street to the square, around the square down clarksville street to church street, thence to the open prairies about 300 yards from the texas & pacific depot. here smith was placed upon a scaffold, six feet square and ten feet high, securely bound, within the view of all beholders. here the victim was tortured for fifty minutes by red-hot iron brands thrust against his quivering body. commencing at the feet the brands were placed against him inch by inch until they were thrust against the face. then, being apparently dead, kerosene was poured upon him, cottonseed hulls placed beneath him and set on fire. in less time than it takes to relate it, the tortured man was wafted beyond the grave to another fire, hotter and more terrible than the one just experienced.
curiosity seekers have carried away already all that was left of the memorable event, even to pieces of charcoal. the cause of the crime was that henry vance when a deputy policeman, in the course of his duty was called to arrest henry smith for being drunk and disorderly. the negro was unruly, and vance was forced to use his club. the negro swore vengeance, and several times assaulted vance. in his greed for revenge, last thursday, he grabbed up the little girl and committed the crime. the father is prostrated with grief and the mother now lies at death's door, but she has lived to see the slayer of her innocent babe suffer the most horrible death that could be conceived.
torture beyond description
words to describe the awful torture inflicted upon smith cannot be found. the negro, for a long time after starting on the journey to paris, did not realize his plight. at last when he was told that he must die by slow torture he begged for protection. his agony was awful. he pleaded and writhed in bodily and mental pain. scarcely had the train reached paris than this torture commenced. his clothes were torn off piecemeal and scattered in the crowd, people catching the shreds and putting them away as mementos. the child's father, her brother, and two uncles then gathered about the negro as he lay fastened to the torture platform and thrust hot irons into his quivering flesh. it was horrible—the man dying by slow torture in the midst of smoke from his own burning flesh. every groan from the fiend, every contortion of his body was cheered by the thickly packed crowd of 10,000 persons. the mass of beings 600 yards in diameter, the scaffold being the center. after burning the feet and legs, the hot irons—plenty of fresh ones being at hand—were rolled up and down smith's stomach, back, and arms. then the eyes were burned out and irons were thrust down his throat.
the men of the vance family having wreaked vengeance, the crowd piled all kinds of combustible stuff around the scaffold, poured oil on it and set it afire. the negro rolled and tossed out of the mass, only to be pushed back by the people nearest him. he tossed out again, and was roped and pulled back. hundreds of people turned away, but the vast crowd still looked calmly on. people were here from every part of this section. they came from dallas, fort worth, sherman, denison, bonham, texarkana, fort smith, ark., and a party of fifteen came from hempstead county, arkansas, where he was captured. every train that came in was loaded to its utmost capacity, and there were demands at many points for special trains to bring the people here to see the unparalleled punishment for an unparalleled crime. when the news of the burning went over the country like wildfire, at every country town anvils boomed forth the announcement.
should have been in an asylum
it may not be amiss in connection with this awful affair, in proof of our assertion that smith was an imbecile, to give the testimony of a well-known colored minister, who lived at paris, texas, at the time of the lynching. he was a witness of the awful scenes there enacted, and attempted, in the name of god and humanity, to interfere in the programme. he barely escaped with his life, was driven out of the city and became an exile because of his actions. reverend king was in new york about the middle of february, and he was there interviewed for a daily paper for that city, and we quote his account as an eye witness of the affair. said he:
i was ridden out of paris on a rail because i was the only man in lamar county to raise my voice against the lynching of smith. i opposed the illegal measures before the arrival of henry smith as a prisoner, and i was warned that i might meet his fate if i was not careful; but the sense of justice made me bold, and when i saw the poor wretch trembling with fear, and got so near him that i could hear his teeth chatter, i determined to stand by him to the last.
i hated him for his crime, but two crimes do not make a virtue; and in the brief conversation i had with smith i was more firmly convinced than ever that he was irresponsible.
i had known smith for years, and there were times when smith was out of his head for weeks. two years ago i made an effort to have him put in an asylum, but the white people were trying to fasten the murder of a young colored girl upon him, and would not listen. for days before the murder of the little vance girl, smith was out of his head and dangerous. he had just undergone an attack of delirium tremens and was in no condition to be allowed at large. he realized his condition, for i spoke with him not three weeks ago, and in answer to my exhortations, he promised to reform. the next time i saw him was on the day of his execution.
"drink did it! drink did it," he sobbed. then bowing his face in his hands, he asked: "is it true, did i kill her? oh, my god, my god!" for a moment he seemed to forget the awful fate that awaited him, and his body swayed to and fro with grief. some one seized me by the shoulder and hurled me back, and smith fell writhing to the ground in terror as four men seized his arms to drag him to the float on which he was to be exhibited before he was finally burned at the stake.
i followed the procession and wept aloud as i saw little children of my own race follow the unfortunate man and taunt him with jeers. even at the stake, children of both sexes and colors gathered in groups, and when the father of the murdered child raised the hissing iron with which he was about to torture the helpless victim, the children became as frantic as the grown people and struggled forward to obtain places of advantage.
it was terrible. one little tot scarcely older than little myrtle vance clapped her baby hands as her father held her on his shoulders above the heads of the people.
"for god's sake," i shouted, "send the children home."
"no, no," shouted a hundred maddened voices; "let them learn a lesson."
i love children, but as i looked about the little faces distorted with passion and the bloodshot eyes of the cruel parents who held them high in their arms, i thanked god that i have none of my own.
as the hot iron sank deep into poor henry's flesh a hideous yell rent the air, and, with a sound as terrible as the cry, of lost souls on judgment day, 20,000 maddened people took up the victim's cry of agony and a prolonged howl of maddened glee rent the air.
no one was himself now. every man, woman and child in that awful crowd was worked up to a greater frenzy than that which actuated smith's horrible crime. the people were capable of any new atrocity now, and as smith's yells became more and more frequent, it was difficult to hold the crowd back, so anxious were the savages to participate in the sickening tortures.
for half an hour i tried to pray as the beads of agony rolled down my forehead and bathed my face.
for an instant a hush spread over the people. i could stand no more, and with a superhuman effort dashed through the compact mass of humanity and stood at the foot of the burning scaffold.
"in the name of god," i cried, "i command you to cease this torture."
the heavy butt of a winchester rifle descended on my head and i fell to the ground. rough hands seized me and angry men bore me away, and i was thankful.
at the outskirts of the crowd i was attacked again, and then several men, no doubt glad to get away from the fearful place, escorted me to my home, where i was allowed to take a small amount of clothing. a jeering crowd gathered without, and when i appeared at the door ready hands seized me and i was placed upon a rail, and, with curses and oaths, taken to the railway station and placed upon a train. as the train moved out some one thrust a roll of bills into my hand and said, "god bless you, but it was no use."
when asked if he should ever return to paris, mr. king said: "i shall never go south again. the impressions of that awful day will stay with me forever."
