Mountain life -- Tennessee -- Fiction; United States -- Social life and customs -- 19th century -- Fiction
The two dark-browed brothers said never a word; the slow oxen started;
the wagon moved creaking down the road toward the snowy mountains, with
their whitened slopes and black trees, and gray shadows.
The public sentiment excited in favor of Mink Lorey by the developments
during his trial, and which had expressed itself in the riot and attempt
at a rescue, had sustained a rebuff consequent upon his assault on
Judge Gwinnan. Nevertheless, it is difficult to nullify a popular
prepossession, and the discovery that the young mountaineer had been
the victim of the machinations of the true criminal, that he had been
placed in jeopardy, had suffered many months’ imprisonment, had still
longer duress in prospect, served to justify him in some sort, and
reinstated him in the feelings of the people, never very logical. All
the details of the trial were canvassed anew with reviviscent interest.
Now that the veil of mystery was torn from it, there seemed still other
inculpations involved. It would appear to imply some gross negligence,
some intentional spite, some grotesque perversion of justice, that the
criminal should have been one of the jury impaneled to try an innocent
man. The fact itself was shocking. It was significant that only through
accident had it come to light, and it augured grievous insecurity of
liberty, life and property.
Mr. Harshaw, who had returned to Shaftesville upon the adjournment, for
a few days, of the Legislature, was not slow to note the direction and
progress of popular favor. In the state of his feelings toward Gwinnan,
he had no great impulse to combat the position taken by the unlearned
that it was a grave dereliction on the part of the court that Pete Rood
had been admitted to the panel. Why should he expound the theory of
judicial challenges, the conclusiveness of the _voir dire_, in instances
of general eligibility? He truly believed that in the incarceration
of the jury Gwinnan had sacrificed the interests of the defense and
a favorable verdict, and as he felt much reminiscent interest in the
details of his cases, he could listen with all the relish of mental
affirmation to the denunciations of the stranger judge, who was often
profanely apostrophized and warned to show his head no more in Cherokee
County.
Public-domain text, read in full here on John Shaqi.
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