Scribner's Magazine, Volume 26, August 1899Various
General
Scribner's Magazine, Volume 26, August 1899
Various
American periodicals
"The day of execution was set. An appeal was at once taken in both cases
and a stay was granted, and I had to sustain the verdicts in the upper
court. The fact that the evidence was entirely circumstantial had aroused
great interest, and every lawyer in the State had his theory. The upper
court affirmed in both cases and appeals were taken to the next highest
court, and again stay of execution was granted.
"The prisoners' counsel had moved to have the prisoners transferred to
another county, which I opposed. I was sure that the people of my county
would observe the law. They had resisted the first fierce impulse, and
were now waiting patiently for Justice to take its course. Months passed,
and the stay of execution had to be renewed. The road to Halloway's grew
up and I understood that the house had fallen in, though I never went
that way again. Still the court hung fire as to its conclusion.
"The day set for the execution approached for the third time without the
court having rendered its decision. On the day before that set for the
execution, the court gave its decision. It refused to interfere in the
case of old Joel, but reversed, and set aside the verdict in that of the
younger man. Of a series of over one hundred bills of exception taken
by his counsel as a "drag-net," one held; and owing to the admission of
a single question by a juror, the judgment was set aside in Absalom's
case and a new trial ordered.
"The decision of the court was not as great a surprise to me as it was
to the people generally; still even I was somewhat surprised, for I had
supposed that both judgments would go together. The court came in for
a good deal of abuse, and it was declared by many that they had hanged
the wrong man.
"Being anxious lest the excitement might increase, I felt it my duty to
stay at the county-seat that night, and as I could not sleep I spent the
time going over the records of the two cases; which, like most causes,
developed new points every time they were read. I found myself fascinated
by them.
"Everything was perfectly quiet all night, though the village was filling
up with people from the country to see the execution, which at that
time was still public. I determined next morning to go to my home in
the country and get a good rest, of which I began to feel the need. I
was detained, however, and it was well along in the forenoon before I
mounted my horse and rode slowly out of town through a back street. The
lane kept away from the main road except at one point just outside of
town, where it crossed it at right angles.
"It was a beautiful spring day—a day in which it is a pleasure merely to
live, and as I rode along through the quiet lane under the leafy trees
I could not help my mind wandering and dwelling on the things that were
happening. I am not sure, indeed, that I was not dozing; for I reached
the highway without knowing just where I was.
Public-domain text, read in full here on John Shaqi.
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