Westover of Wanalah: A story of love and life in Old VirginiaEggleston, George Cary
General
Westover of Wanalah: A story of love and life in Old Virginia
Eggleston, George Cary
Virginia -- Fiction
"Very well," said the Judge. "The sheriff is ordered to return to the
clerk the papers in his possession. The prisoner is paroled in the
custody of his counsel, to await further proceedings. Unfortunately the
court knows of no process of law by which the fact of this innocent
man's conviction and sentence can be undone. It is not within the power
of man to make that not to be which has been. The court cannot undo the
proceedings that have been had in this case. It can only make an
earnest effort to prevent the wrongful results of those proceedings. To
that end I purpose to go in person before the Governor of the State to
ask for the fullest reparation that can be made, namely, a
pardon--pardon for a crime that has not been committed. It seems almost
a mockery, but it is the best that is possible under the law. In order
to give all the emphasis I can to the proceedings, I shall adjourn
court for a time, and ask the Commonwealth's Attorney to accompany me
on this mission of justice. Further than that, I direct him to summon
the members of the jury that convicted Boyd Westover of a crime of
which he is not guilty, to go with us before the Governor and join us
in our request. So far as the securing of a pardon is concerned, no
effort of this kind is necessary; but the court deems it proper in this
case to make this united appeal of judge, jury, and prosecutor by way
of emphasizing our recognition of the injustice done. The court stands
adjourned until four o'clock this afternoon, at which hour Mr. Boyd
Westover"--the Judge no longer spoke of him as "the prisoner"--"will
present himself here and the court will itself deliver to him--as it is
fitting that the court should do in such a case--the papers relieving
him, so far as it is possible now to relieve him, of all the
consequences of a clearly erroneous accusation and conviction."
When the Judge ceased speaking, Boyd Westover made a profound bow to
him, saying simply: "I thank you." Then turning to Towns he said:
"Come, Jack! I'm faint and hungry. Let's go to Tom Griffin's and get
something to eat."
Tom Griffin's was a place well known in the Richmond of that old time.
Tom himself was a negro slave who enjoyed vastly more liberty than any
free man of color ever did in Virginia. Every gentleman in Richmond was
his personal friend; so was every aristocratic planter east of the Blue
Ridge. Any one of them would have drawn his check in payment for Tom's
liberty, if Tom had desired to be free. But Tom Griffin wanted nothing
of the kind. He was happy and he knew when he was well off. If his
freedom had been bought, he must, under the law, have left his native
state, whose people were his friends and whose associations meant to
him all that life could mean.
Public-domain text, read in full here on John Shaqi.
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