African Americans -- Fiction; Short stories; Southern States -- Social life and customs -- Fiction
“Old Dick Winchester was found dead one morning and the alibi was almost
completely proved, and only failed by the incredibility of the witnesses
for the defence. Old Joel persistently declared that Absalom was
innocent, and but for a confession by Absalom of certain facts intended
to shift the suspicion from himself to his father, I do not know how his
case might have turned out.
“I believed him to be the instigator as well as the perpetrator of the
crime.
“I threw myself into the contest, and prosecuted with all the vigor I
was capable of. And I finally secured the conviction of both men. But
it was after a hard fight. They were the only instances in which,
representing the Commonwealth, I was ever conscious of strong personal
feeling, and of a sense of personal triumph. The memory of my last ride
with Hal-loway, and of the things he had said to me; the circumstances
under which he and his wife were killed; the knowledge that in some sort
it was on my account; and the bitter attacks made on me personally;(for
in some quarters I was depicted as a bloodthirsty ruffian, and it
was charged that I was for political reasons prosecuting men whom I
personally knew to be innocent), all combined to spur me to my utmost
effort. And when the verdicts were rendered, I was conscious of a sense
of personal triumph so fierce as to shock me.
“Not that I did not absolutely believe in the guilt of both prisoners;
for I considered that I had demonstrated it, and so did the jurors who
tried them.
“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
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
was ordered.
Public-domain text, read in full here on John Shaqi.
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