In a fair consideration of whether swift and impartial justice was meted out, it must be noted that it was extremely hard to secure evidence sufficient for successful prosecution. Police attention upon arriving at the scene of a clash was directed more to removing the injured than apprehending the guilty. Where attempts were made to search out the offenders, it was next to impossible to get results on account of the keen race consciousness which made Negroes disclaim knowledge of Negro culprits and white people deny seeing specific white men act aggressively. Many of the crowds were neighborhood gatherings and leaders were often the sons of neighbors.
In most of the riot cases brought before the state's attorney's office the same difficulty was experienced. Whole blocks of residents were subpoenaed and accurately described the assaults, but failed entirely to recognize any of the assailants. The grand jury found the same obstacle. The foreman, referring to the kind of testimony brought before that body by Negroes on complaints against whites, said: "... they [the grand jury] usually found it to be hearsay testimony. Some other individual told them about So-and-So. That a crime had been committed there was no question, but to get at the root of it was absolutely impossible."
In spite of these difficulties, those familiar with the riot situation believe that more arrests of active rioters might have been made and more convictions obtained. A study of the riot deaths shows that justice failed to be as swift and sure as the coroner's and grand juries recommended. The blame for this failure is variously placed on the police, state's attorney, judge, or jury, according to the prejudice of the one attempting to fix blame, or his connection with any of these agencies. The fact remains that the punitive results of the legal processes were too negligible to furnish a proper deterrent to future rioters.
Of the thirty-eight persons whose death constituted the riot's principal toll—
Fifteen met death at the hands of mobs. The coroners' jury recommended that the members of the unknown mobs be apprehended. None were ever found.
Six were killed under circumstances establishing no criminal responsibility: three white men were killed by Negroes in self-defense, and three Negroes were shot by policemen in the discharge of their duty.
Four Negroes lost their lives in the Angelus riot. The coroner made no recommendations, and the cases were not carried farther.
Four cases—two Negro and two white—led to recommendations from the coroner's jury for further investigation of certain persons, but sufficient evidence was lacking for indictments.
Nine cases resulted in indictments, four of which led to convictions.
Thus in only four cases was criminal responsibility for death fixed and punishment meted out to the guilty.