There were indictments also for capital felonies, and in the dock sat
three hardened black criminals, and one aged white man of distinguished
presence, who was whispering now and then to a beautiful maiden in
tears, a maiden so radiant in personal attractions that she might have
sat approvingly for the portrait of Beatrice Cenci that looks down upon
the upturned faces in the Art Gallery in Florence. He was a veteran of
the civil war; a hero at Malvern Hill; colonel commanding the regiment
of cavalry that by an extra hazardous maneuver drove a Federal brigade
into the death trap. By his side sat as his attorney a white-haired
gentleman, who like a stately man of war, just going out of commission,
was sighting his guns upon the enemy for the last time. This spectacle
was so full of the pathos of human life that it deserves to be
perpetuated in the memory, after the dry rot shall have utterly
honey-combed the odious system of reconstruction. The arraignment of the
prisoner was proceeded with; the negro solicitor presuming upon the
hearty co-operation of the judge ventilated his spleen upon the
unfortunate prisoner.
"Stand up, prisoner at the bar," he commanded as he fairly spat his
venom like a jungle serpent into the face of the poor man. "Are you
guilty or not guilty of the felony and murder with which you stand
charged?" he cried.
"Not Guilty," answered the prisoner with a quiet dignity.
"By whom will you be tried," the officer inquired wrathfully.
"By God and my country," was the answer of this veteran of a hundred
battles; this wise counsellor of the law.
Were the twelve black jurors in the box his country? had they ever given
direction to his impulses as a patriot? had they ever nerved his arm to
strike down the foe, that scourged his home into barrenness and peopled
the city of the dead with his kindred? Had they like Joshua and Hur ever
stayed the hand of the prisoner, when with drawn sword he guarded the
portal of the temple? Great God! Shall these human chattels, without a
single intellectual resource, without one ray of discernment, besotted
and bedraggled by fanaticism, superstition and ignorance bring to this
poor man in this extremity a safe deliverance? In conducting the
prosecution, in the examination of the witnesses the same brutish
treatment was observed by the solicitor for the state toward the aged
prisoner, and with an offensive parade of authority he announced that
the state had closed its case; thereupon the white-haired Governor arose
to ask for the discharge of the prisoner for want of sufficient evidence
to convict. Now came the first interruption upon the part of the judge,
who up to this moment had observed a reticence quite noteworthy in a
high judicial officer who was holding his first court where the negroes
ruled.
"It is unnecessary Governor that I should hear you," he remarked with
evident self-poise.
Turning to the solicitor he asked with deliberation,
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