"Permit me to ask you sir," observed Judge Bonham to Judge Livingstone,
"if the conditions prevailing in the South are not entirely unlike those
that obtain in the North?"
"Yes, indeed," replied Judge Livingstone. "It would be difficult to
realize that we live under the same Federal government. Society in this
country seems to be thoroughly disorganized. I can imagine that some
great upheaval of nature has widely separated the South from the North."
"I presume," said Judge Bonham, "that you have seen southern character
in all of its transformations in your courts?"
"Yes sir, and very frequently in its most abhorrent and disgusting
forms. There is such a variety of indictable frauds and many of them
growing out of the rudimentary education of the negroes, that this fact,
in my opinion, is the most cogent argument against their education."
"I am very decidedly of that opinion," replied Judge Bonham with
emphasis. "I believe if it were not for the criminal class of young
negroes there would be very few indictments in the courts; but as the
matter stands they are congested to that extent that our jails are
always over crowded and so are our dockets."
"Do you know, sir," replied Judge Livingstone, "that there is a side to
this ever-shifting panorama that challenges my profoundest sympathy? To
give you an illustration: A few days ago, in this county of F., I saw in
the dock a decayed old negro, who staggered into the bar from sheer
exhaustion. He was dying piece-meal from starvation. He was indicted for
the larceny of a peck of sweet potatoes. The prosecuting witness was a
white man of about forty years of age, and was what is provincially
known as a scalawag. I do not exaggerate very grossly when I say that a
blacksmith would have hammered a plowshare out of his hard face. The old
negro was convicted; he had no substantial defence. I said to him, 'I
want you to tell me why you took the potatoes.' The poor old negro
leaned heavily with both hands upon his staff, his unshorn white locks
giving him the appearance of a 'sheik of the desert,' and raising his
harrowed face, that was wet with tears, tremblingly addressed the court
as he grasped the railing for support, 'Mars Jedge, I hab neber nied dis
scusashun, und I tole de boss man ef he wudn't sen me to de jail I wud
wurk hit out ef hit tuck seben yurs. I libs erway ober yander cross de
mash. Dar is my ole marser a settin dar. He noes I'm er tellin yu de
naked truf, und God in hebben noes I wudn't tell yu nary lie. Dar is
foteen moufs in my fambly er cryin fer wittles ebery day de good Lawd
sends; und Malindy, dat's my dorter, haint struck a lick o' wurk fur mo
dan er hole yur; und dar's my growed-up son, dat's Joe, he got drounded
in de crick nigh unto er month ago; und dar's my po wife, dat's Mimy,
she tuck sick und died when she heerd dat Joe had drounded hissef, und
nobody in de wurrel ter git ary moufful o' wittles epsep me; und I was
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