III

There was a good deal of excitement in town the next morning. Two white

men stood by the post office talking.

"Did yer hear the news?"

"No, what wuz it?"

"Ben Davis tried ter break jail las' night."

"You don't say so! What a fool! He ain't be'n sentenced yit."

"Well, now," said the other, "I 've knowed Ben a long time, an' he wuz a

right good nigger. I kinder found it hard ter b'lieve he did steal that

whip. But what 's a man's feelin's ag'in' the proof?"

They spoke on awhile, using the past tense as if they were speaking of a

dead man.

"Ef I know Jedge Hart, Ben 'll wish he had slep' las' night, 'stidder

tryin' ter break out'n jail."

At ten o'clock the prisoner was brought into court. He walked with

shambling gait, bent at the shoulders, hopelessly, with downcast eyes,

and took his seat with several other prisoners who had been brought in

for sentence. His wife, accompanied by the children, waited behind him,

and a number of his friends were gathered in the court room.

The first prisoner sentenced was a young white man, convicted several

days before of manslaughter. The deed was done in the heat of passion,

under circumstances of great provocation, during a quarrel about a

woman. The prisoner was admonished of the sanctity of human life, and

sentenced to one year in the penitentiary.

The next case was that of a young clerk, eighteen or nineteen years of

age, who had committed a forgery in order to procure the means to buy

lottery tickets. He was well connected, and the case would not have been

prosecuted if the judge had not refused to allow it to be nolled, and,

once brought to trial, a conviction could not have been avoided.

"You are a young man," said the judge gravely, yet not unkindly, "and

your life is yet before you. I regret that you should have been led into

evil courses by the lust for speculation, so dangerous in its

tendencies, so fruitful of crime and misery. I am led to believe that

you are sincerely penitent, and that, after such punishment as the law

cannot remit without bringing itself into contempt, you will see the

error of your ways and follow the strict path of rectitude. Your fault

has entailed distress not only upon yourself, but upon your relatives,

people of good name and good family, who suffer as keenly from your

disgrace as you yourself. Partly out of consideration for their

feelings, and partly because I feel that, under the circumstances, the

law will be satisfied by the penalty I shall inflict, I sentence you to

imprisonment in the county jail for six months, and a fine of one

hundred dollars and the costs of this action."

"The jedge talks well, don't he?" whispered one spectator to another.

"Yes, and kinder likes ter hear hisse'f talk," answered the other.

"Ben Davis, stand up," ordered the judge.

He might have said "Ben Davis, wake up," for the jailer had to touch the

prisoner on the shoulder to rouse him from his stupor. He stood up, and

something of the hunted look came again into his eyes, which shifted

under the stern glance of the judge.

"Ben Davis, you have been convicted of larceny, after a fair trial

before twelve good men of this county. Under the testimony, there can be

no doubt of your guilt. The case is an aggravated one. You are not an

ignorant, shiftless fellow, but a man of more than ordinary intelligence

among your people, and one who ought to know better. You have not even

the poor excuse of having stolen to satisfy hunger or a physical

appetite. Your conduct is wholly without excuse, and I can only regard

your crime as the result of a tendency to offenses of this nature, a

tendency which is only too common among your people; a tendency which is

a menace to civilization, a menace to society itself, for society rests

upon the sacred right of property. Your opinions, too, have been given a

wrong turn; you have been heard to utter sentiments which, if

disseminated among an ignorant people, would breed discontent, and give

rise to strained relations between them and their best friends, their

old masters, who understand their real nature and their real needs, and

to whose justice and enlightened guidance they can safely trust. Have

you anything to say why sentence should not be passed upon you?"

"Nothin', suh, cep'n dat I did n' take de whip."

"The law, largely, I think, in view of the peculiar circumstances of

your unfortunate race, has vested a large discretion in courts as to

the extent of the punishment for offenses of this kind. Taking your case

as a whole, I am convinced that it is one which, for the sake of the

example, deserves a severe punishment. Nevertheless, I do not feel

disposed to give you the full extent of the law, which would be twenty

years in the penitentiary,[1] but, considering the fact that you have a

family, and have heretofore borne a good reputation in the community, I

will impose upon you the light sentence of imprisonment for five years

in the penitentiary at hard labor. And I hope that this will be a

warning to you and others who may be similarly disposed, and that after

your sentence has expired you may lead the life of a law-abiding

citizen."

[Footnote 1: There are no degrees of larceny in North Carolina, and the

penalty for any offense lies in the discretion of the judge, to the

limit of twenty years.]

"O Ben! O my husband! O God!" moaned the poor wife, and tried to press

forward to her husband's side.

"Keep back, Nancy, keep back," said the jailer. "You can see him in

jail."

Several people were looking at Ben's face. There was one flash of

despair, and then nothing but a stony blank, behind which he masked his

real feelings, whatever they were.

Human character is a compound of tendencies inherited and habits

acquired. In the anxiety, the fear of disgrace, spoke the nineteenth

century civilization with which Ben Davis had been more or less closely

in touch during twenty years of slavery and fifteen years of freedom. In

the stolidity with which he received this sentence for a crime which he

had not committed, spoke who knows what trait of inherited savagery? For

stoicism is a savage virtue.

The Wife of his Youth and Other Stories of the Color Line, and Selected Essays · 第 46 / 56 题