. . .

As to the manner of Mr. Brann's death there is only to be said that he expected it. He judged from the characters of those he attacked, that they would assassinate him. He died as he expected to die, without any cringing to his enemies. Some people he attacked who did not deserve his vitriolic attentions, but he thought they did. In the main he scourged and sacrificed only those who deserved. The manner in which he was killed and the cause in which he was killed—the cause of an institution in which a girl was debauched in the name of Christ and turned out of doors to starve to the glory of religion—glorify him. He who fought in the open was shot by a sneak from behind. The sneak himself was shot in his act of cowardice. Mr. Brann was brilliant and brave. He partook of the qualities of the men who immortalized the Alamo. He was the first man who identified Texas with thought. He loved Texas so well that he defended the code of private and public mobbery for righting wrongs. To that cruel coward code he fell a victim. With all his faults as I see them, I can think of him only as worthy of being buried in some high place, to the strains of Sigfried's Funeral March, and can only say, with Browning of the dead "grammarian"—

Here, here's his place, where meteors shoot, clouds form,
lightnings are loosened
Stars come and go! Let joy break with the storm,
peace let the day send!
Lofty designs must close in life effects:
loftily lying,
Leave him—still loftier than the world suspects,
living and dying.
—The Mirror for April 7, 1898.

PRIVATE VENGEANCE.
A CONSIDERATION OF ALLEGED CHIVALRY.

Some person has sent me a marked copy of the New
Orleans Picayune, the marked matter being an editorial
substantially approving the manner of the taking off of
Mr. Brann, the editor of the Iconoclast.

Granted that, as the Picayune declares, Mr. Brann wantonly attacked spotless reputation, that decency and purity were not sacred to him—an assumption, by the way, that is a rank injustice to Mr. Brann's memory— let us see about this matter of private vengeance which the Picayune approves.

Are there not laws in all the states against libel? Are there not laws against publishing obscene and defamatory matter? If there be, then what justification can there be for private vengeance? What is the use of laws if men on any provocation may set aside those laws and set themselves above them and execute the person who may have offended, or who may be imagined to have offended them? If private vengeance is to prevail what is to prevent any person construing any criticism into a mortal offense and assassinating the critic, even though the critic be palpably and undeniably criticizing for the public good? When the individual is made the judge, jury and executioner of whomsoever displeases him, what becomes of law, of order, of civilization? There is not a day in the year that one could not justify the murder of a hundred editors, if the rightfulness of the killing were determinable solely by what the killers thought of the criticisms against them in the papers controlled by those one hundred editors.

If we can tolerate a state of society in which any man, for what seems to him good and sufficient reason, for anything from biting the thumb at him to jesting about his whiskers, may take the life of another, why shall we not tolerate the man who will take another's property because the taker deems the other has too much or has unjustly accumulated what he has?

What is the result of this sanction of private vengeance? It is anarchy. Pursued to the ultimate of its logic it means that every man is a law unto himself and the justice of an execution rests upon nothing but the opinion, or delusion, of the executioner. What one man might call a trifle might, to another man, call for blood. You could kill a man because his boots creaked or his eyes squinted or he wore the wrong shade of your favorite color in his necktie. Ridiculous? Not at all. Liking or disliking any of these trifling things is only a matter of personal preference. They may be as distasteful to one person as the tone of an editorial is to another. If a man may rightly kill a writer, like Mr. Brann, why would it not be right for someone to kill any editor? At one time there was talk in the south of killing the late Joseph B. McCullagh for his editorials. How if Senator Hanna were to "go gunning" for the editorial "roasters" of himself, or for the malevolent cartoonist? Mr. Brann attacked hypocritic preachers, snide politicians, shoddy society people, shyster lawyers. He did it in, to me, an exaggerated manner, but he felt that such manner was necessary to arouse the people. Were Brann's blasts against Baylor University intrinsically worse, more a license of the press than let us say the assaults of the New York World, the New York Journal or the Post Dispatch upon Pierpont Morgan and the trusts? And yet, if any trust magnate, crucified as a blood-sucker on the poor, were to shoot the editor of one of these sheets, he would be howled to the hangman's noose. The trust magnate would be told he should have had recourse to law. But in the south, no—Mr. Brann was rightfully assassinated. No law for him! Why? Because Mr. Brann assailed a few southern "josses." If Mr. Brann were justly slain then the next person who may dislike an editorial in the Picayune may kill its editor on the ground that the editorial—no matter how trifling in its imputation—is "carrion journalism." This law of chivalric private vengeance would justify a saturnalia of murder in every large city where gossip circulates in society. The chivalry of it! A man has written something he deems to be true and comments upon it as he deems it his duty in a quasi public capacity. Everyone who does not like the article can "take a pop at him." But, says the chivalrous Picayune, the law of private vengeance does not apply to anything save grave offenses in scurrility. Ah! The offensiveness of a criticism is only a matter of individual capacity for pain or humiliation. The trifle is only a trifle, because a man thinks it so. It may become a thing of importance at any time if you leave the decision of its importance solely to the judgment of the man who is going to resent it.