"As a matter of course, the proceedings were deferred till
the next morning. I was early at my post; the judges were
soon on the bench, and the prisoners at the bar. Mr.
Carrington ... opened with a clear and dignified speech, and
presented the evidence to the jury. Everything seemed
perfectly plain. Two brothers and a brother-in-law met two
other persons in pursuit of a slave, supposed to be harbored
by the brothers. After some altercation and mutual abuse,
one of the brothers, whose name was John Ford, raised a
loaded gun which he was carrying, and presenting it at the
breast of one of the other pair, shot him dead, in open day.
There was no doubt about the fact. Indeed, it was not
denied. There had been no other provocation than opprobrious
words. It is presumed that the opinion of every juror was
made up from merely hearing the testimony; as Tom Harvey,
the principal witness, who was acting as constable on the
occasion, appeared to be a respectable man. For the clearer
understanding of what follows, it must be observed that said
constable, in order to distinguish him from another of the
name, was commonly called Butterwood Harvey, as he lived on
Butterwood Creek. Mr. Henry, it is believed, understanding
that the people were on their guard against his faculty of
moving the passions and through them influencing the
judgment, did not resort to the pathetic as much as was his
usual practice in criminal cases. His main object appeared
to be, throughout, to cast discredit on the testimony of Tom
Harvey. This he attempted by causing the law respecting
riots to be read by one of his assistants. It appeared in
evidence that Tom Harvey had taken upon him to act as
constable, without being in commission; and that with a
posse of men he had entered the house of one of the Fords in
search of the negro, and had put Mrs. Ford, in her husband's
absence, into a great terror, while she was in a very
delicate condition, near the time of her confinement. As he
descanted on the evidence, he would often turn to Tom
Harvey--a large, bold-looking man--and with the most
sarcastic look would call him by some name of contempt;
'this Butterwood Tom Harvey,' 'this would-be constable,'
etc. By such expressions, his contempt for the man was
communicated to the hearers. I own I felt it gaining on me,
in spite of my better judgment; so that before he was done,
the impression was strong on my mind that Butterwood Harvey
was undeserving of the smallest credit. This impression,
however, I found I could counteract the moment I had time
for reflection. The only part of the speech in which he
manifested his power of touching the feelings strongly, was
where he dwelt on the irruption of the company into Ford's
Public-domain text, read in full here on John Shaqi.
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