JUDGMENT.

On the 11th of June the case of Sally Miller _versus_ Louis Belmonti was

called up again and the report of the medical experts received. Could

anything be offered by Mr. Grymes and his associates to offset that? Yes;

they had one last strong card, and now they played it.

It was, first, a certificate of baptism of a certain Mary's child John,

offered in evidence to prove that this child was born at a time when

Salome Müller, according to the testimony of her own kindred, was too

young by a year or two to become a mother; and secondly, the testimony of

a free woman of color, that to her knowledge that Mary was this Bridget or

Sally, and the child John this woman's eldest son Lafayette. And hereupon

the court announced that on the morrow it would hear the argument of

counsel.

Salome's counsel besought the court for a temporary postponement on two

accounts: first, that her age might be known beyond a peradventure by

procuring a copy of her own birth record from the official register of her

native Langensoultz, and also to procure in New Orleans the testimony of

one who was professionally present at the birth of her son, and who would

swear that it occurred some years later than the date of the baptismal

record just accepted as evidence.

"We are taken by surprise," exclaimed in effect Roselius and his

coadjutors, "in the production of testimony by the opposing counsel openly

at variance with earlier evidence accepted from them and on record. The

act of the sale of this woman and her children from Sarah Canby to John

Fitz Miller in 1835, her son Lafayette being therein described as but five

years of age, fixes his birth by irresistible inference in 1830, in which

year by the recorded testimony of her kindred Salome Müller was fifteen

years old."

But the combined efforts of Roselius, Upton, and others were unavailing,

and the newspapers of the following day reported: "This cause, continued

from yesterday, came on again to-day, when, after hearing arguments of

counsel, the court took the same under consideration."

It must be a dull fancy that will not draw for itself the picture, when a

fortnight later the frequenters of the court-room hear the word of

judgment. It is near the end of the hot far-southern June. The judge

begins to read aloud. His hearers wait languidly through the prolonged

recital of the history of the case. It is as we have given it here: no use

has been made here of any testimony discredited in the judge's reasons for

his decision. At length the evidence is summed up and every one attends to

catch the next word. The judge reads:

"The supposed identity is based upon two circumstances: first, a striking

resemblance of plaintiff to the child above mentioned and to the family of

that child. Second, two certain marks or moles on the inside of the thighs

[one on each thigh], which marks are similar in the child and in the

woman. This resemblance and these marks are proved by several witnesses.

Are they sufficient to justify me in declaring the plaintiff to be

identical with the German child in question? I answer this question in the

negative."

What stir there was in the room when these words were heard the silent

records lying before me do not tell, or whether all was silent while the

judge read on; but by and by his words were these:

"I must admit that the relatives of the said family of redemptioners seem

to be very firmly convinced of the identity which the plaintiff claims....

As, however, it is quite out of the question to take away a man's property

upon grounds of this sort, I would suggest that the friends of the

plaintiff, if honestly convinced of the justice of her pretensions, should

make some effort to settle _à l'aimable_ with the defendant, who has

honestly and fairly paid his money for her. They would doubtless find him

well disposed to part on reasonable terms with a slave from whom he can

scarcely expect any service after what has passed. Judgment dismissing the

suit with costs."

The white slave was still a slave. We are left to imagine the quiet air of

dispatch with which as many of the counsel as were present gathered up any

papers they may have had, exchanged a few murmurous words with their

clients, and, hats in hand, hurried off and out to other business. Also

the silent, slow dejection of Salome, Eva, Frank, and their neighbors and

kin--if so be, that they were there--as they rose and left the hall where

a man's property was more sacred than a woman's freedom. But the attorney

had given them ground of hope. Application would be made for a new trial;

and if this was refused, as it probably would be, then appeal would be

made to the Supreme Court of the State.

So it happened. Only two days later the plaintiff, through one of her

counsel, the brother of Frank Upton, applied for a new trial. She stated

that important evidence not earlier obtainable had come to light; that she

could produce a witness to prove that John F. Miller had repeatedly said

she was white; and that one of Miller's own late witnesses, his own

brother-in-law, would make deposition of the fact, recollected only since

he gave testimony, that the girl Bridget brought into Miller's household

in 1822 was much darker than the plaintiff and died a few years

afterwards. And this witness did actually make such deposition. In the six

months through which the suit had dragged since Salome had made her first

petition to the court and signed it with her mark she had learned to

write. The application for a new trial is signed--

[Illustration: signature]

The new trial was refused. Roselius took an appeal. The judge "allowed"

it, fixing the amount of Salome's bond at $2000. Frank Schuber gave the

bond and the case went up to the Supreme Court.

In that court no witnesses were likely to be examined. New testimony was

not admissible; all testimony taken in the inferior courts "went up" by

the request of either party as part of the record, and to it no addition

could ordinarily be made. The case would be ready for argument almost at

once.

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