Back Home: Being the Narrative of Judge Priest and His PeopleCobb, Irvin S. (Irvin Shrewsbury)
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Back Home: Being the Narrative of Judge Priest and His People
Cobb, Irvin S. (Irvin Shrewsbury)
Kentucky -- Social life and customs -- Fiction; Short stories, American
From the desk he lifted a time-yellowed, legal-looking paper, folded
flat; he shucked it open with his thumb. “It appears, from the records,
that in the month of February and of the year 1865, the said Ransom
Fleming, now deceased, was a fugitive from justice, going at large and
charged with divers and sundry felonious acts, to wit, the crime of
arson and the crime of felonious assault with intent to kill, and the
crime of confederating with others not named, to destroy the property
of persons resident in the State of Kentucky. It appears further that a
disorganized condition of the civil government existed, the State being
overrun with stragglers and deserters from both armies then engaged in
civil war, and therefore, because of the inability or the failure of the
duly constituted authorities to bring to justice the person charged with
these lawless and criminal acts, the Governor of this State did offer a
reward of $500 for the apprehension of Ransom Fleming, dead or alive.”
Now, for sure, the crowd knew something pregnant with meaning for the
prisoner at the bar was coming--knew it without knowing yet what shape
it would assume. Heads came forward row by row and necks were craned
eagerly.
“I hold here in my hand an official copy of the proclamation issued by
the Governor of the State,” continued Judge Priest. “Under its terms
this reward was open to citizens and to officers of the law alike.
All law-abiding persons were in fact urged to join in ridding the
commonwealth of this man. He stood outside the pale of the law, without
claim upon or right to its protection.
“It would appear further,”--the old Judge's whiny voice was rising
now--“that this proclamation was never withdrawn, although with the
passage of years it may have been forgotten. Under a strict construction
of the law of the land and of the commonwealth, it may be held to have
remained in force up to and including the date of the death of the said
Ransom Fleming. It accordingly devolves upon this court, of its own
motion, to set aside the indictment against the defendant at the bar and
to declare him free--”
For the time being His Honor got no further than that. Even the
stupidest listener there knew now what had come to pass--knew that Judge
Priest had found the way to liberty for young Jim Faxon. Cheering broke
out--loud, exultant cheering and the stamping of many feet. Persons
outside, on the square and in the street, might have been excused for
thinking that a dignified and orderly session of court had suddenly
turned into a public rally--a ratification meeting. Most of those
actually present were too busy venting their own personal satisfaction
to notice that young Jim was holding his sweetheart and his aunt in his
arms; and there was too much noise going on round about them for any one
to hear the panted hallelujahs of joy and relief that poured from the
lips of the young woman and the old one.
Public-domain text, read in full here on John Shaqi.
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