CHAPTER XXVI.

The impromptu judge took his seat on the bench, and the excited

multitude once more subsided into quiet. In about fifteen minutes a

tumult arose in a remote quarter of the ground, and Mulock and his

pursuers appeared in sight, shouting, screaming, and swearing in a

decidedly boisterous manner. The most of the profanity--to the credit of

the self-appointed _posse comitatus_ be it said--was indulged in by the

ex-overseer, who, with his clothes torn in shreds, and his face covered

with blood, looked like the battered relic of a forty years' war. A red

bandanna pinioned his arms to his sides, and a strong man at each elbow

spurred his flagging footsteps by an occasional poke with a pine branch.

Ally followed at a few paces, looking about as dilapidated as the

culprit himself. To him evidently belonged the glory of the capture.

As they approached the stand. Gaston rose, and called out:

'Do not insult justice, by bringing the prisoner into court in this

condition. Let his face be washed, his garments changed, and his wounds

bound up, before he appears for trial. Dr. Rawson, I commission you

special officer for the duty.'

'I'm at your service, Major Gaston,' said the doctor, stepping out from

the crowd into the open semicircle in front of the bench. 'Will some one

procure the loan of a coat, hat, and trousers at the mansion?'

Ally started for the needed clothing, and the physician led the way to

the small lake. In about twenty minutes the volunteer officials returned

with the criminal, clothed in a more respectable manner, and Gaston said

to him.

'Prisoner, take your place.'

Resistance was useless, and Mulock, with a slow step, and a sullen,

dogged air, ascended the platform, and seated himself in the chair

provided for him at its further extremity. Gaston sat at the other end,

facing him; and four brawny 'natives,' with revolvers in their hands,

took positions by his side.

'Silence in the court!' cried Gaston.

The noisy multitude became quiet, and the extempore official

proceeded--with greater solemnity than many another judge of more

regular appointment exhibits on similar occasions--to say:

'Prisoner, you are charged with two of the highest offences known to our

laws; namely, with aiding and abetting an illegal and cruel assault on a

white woman, and with procuring and inciting the murder of your own

wife. You are about to be tried for these crimes by a jury of your

countrymen and I am appointed judge, that full and impartial justice may

be done you. It shall be done. Counsel will be awarded you; and, that

you may not be condemned by prejudiced men, you will be given the

privilege of peremptory challenge against four out of every five of the

jurors I shall nominate, I shall now proceed to name the jury, and you

will signify your objection to those you do not approve. Thomas

Murchison.'

That gentleman came forward, and Mulock said:

'I take him.'

'Godfrey Banks.'

'He's inimy ter me.'

The man stepped aside; and thus they proceeded, the prisoner taking full

advantage of the liberty of choice allowed him, until, out of a panel of

nearly sixty, twelve respectable, yeomanly-looking men had been

selected. As each juror was approved of by the crowd (who had the final

decision), he took a seat on a row of benches facing the 'judge' and the

prisoner. When the last one had taken his place, Gaston said:

'Prisoner, you have heard the charges against you; are you guilty, or

not guilty? If you think proper to acknowledge your guilt of either or

both the crimes with which you are charged, I shall feel it my duty to

award you a lighter punishment.'

'I hain't guilty uv 'ary one on 'em,' said Mulock, without looking up.

'What legal gentleman will appear for the people?' cried Gaston, turning

to the audience. Several sprigs of the law shot out from the multitude,

'I accept _you_, Mr. Flanders. Who will act for the prisoner?'

Each one of the volunteers fell back, and no response came from any part

of the ground. Mulock evidently was neither blessed nor cursed with many

friends.

'Does no one appear for the prisoner? Gentlemen of the legal profession,

I am sorry to see this reluctance to aid a defenceless man. Will not

some one oblige _me_, by volunteering? I shall consider it a personal

service,' said Gaston.

Still no response was heard. At least five minutes passed, and the

'judge's' face was assuming a look of painful concern, when Larkin

approached the bench.

'Gintlemen,' he said, 'th' man hain't no friends, an' it's a d--d shame

not ter come out fur a feller as stands alone. Ef I knowed lor, I'd go

in fur him, ef he wus th' devil himself.'

No one came forward in answer to even this appeal; and, turning on the

crowd, while warm, manly scorn glowed on his every feature, the

negro-trader cried out:

'Ye're a set uv d--d sneakin' hounds, every one on ye. Ye're wuss than

th' parsons, an' the' hain't fit ter tote vittles ter a bar.' Turning to

the 'judge,' he added, in a more respectful tone: 'I doan't know th'

fust thing 'bout lor, Major Gaston, an' this man's nigh as mean a cuss

as th' Lord ever made; but ef ye'll 'cept me, I'll go in fur him!'

'I will accept you with pleasure. You're doing a gentlemanly thing, Mr.

Larkin.'

A murmur of applause went round the assemblage, as Larkin and the other

counsel took seats near the jury.

The 'judge' then rose, and said:

'Gentlemen of the jury: You have engaged in a solemn office. You are

about to try a fellow being for his life. It is a painful duty, but it

is an obligation you owe to the community, and to yourselves, and you

will not shrink from it. Society is held together by laws made to

protect the innocent and punish the guilty. But, as _our_ society is

organized, there are some offences which our tribunals cannot reach. In

such cases the people, from whom all laws proceed, have a right to take

the law into their own hands.

'The prisoner is charged with crimes which, from the circumstances

surrounding their commission, cannot be reached by regular courts of

justice. They were witnessed by none but blacks, whose testimony, by our

statutes, is not admissible. We, the people, therefore, are to try him;

and, to get at the facts, we shall receive the evidence of negroes. You

will judge for yourselves as to its credibility. If any doubt of the

prisoner's guilt rests in your minds, you will give him the benefit of

it, and acquit him; but if, on the other hand, you are fully persuaded

that he committed either or both the crimes of which he is accused, you

will convict him. _You_ will patiently hear the testimony that may be

presented; _I_ will honestly and impartially give sentence, according to

the decision at which you may arrive. The trial will now proceed.'

The witnesses were then examined. Ally was the first one sworn. He

deposed to the circumstances attending the whipping of Phyllis, and the

assault on Selma; but, as his evidence was altogether hearsay--he not

being present on either occasion--it was ruled out, as was also his

account of the bribing of Mulock by the mistress.

Three other negroes were then called, and they proved that Mulock aided

in dragging Selma to the whipping rack, and witnessed the beating; but

they failed to show that he was privy to or participated in the assault

on his wife. Others were examined, who saw parts of the two

transactions, and then the testimony closed.

As the last witness left the stand, Gaston said:

'I shall allow the prisoner the benefit of the final appeal. The

attorney for the people will now address the jury.'

The lawyer, a young man of no especial brilliancy or ability, rose, and,

going rapidly over the testimony, drew the conclusion from it that

Mulock had instigated the beating of both mother and daughter, and was

therefore guilty of the assault and the murder, and should accordingly

be punished with death.

The motive actuating him he held to be revenge on Preston, for having,

long previously, debauched his wife Phyllis. This passion, held in check

during Preston's lifetime by fear of the consequences which might follow

its indulgence, had broken out after his death, and wreaked itself on

the two defenceless women.

The gentleman's reasoning was not very cogent, but, what he lacked in

logic, he made up in bitter denunciation of Mulock, who, according to

his showing, was a little blacker than the prime minister of the lower

regions.

As he took his seat, Larkin rose, and, addressing himself to both the

jury and the multitude, spoke, as near as I can recollect, as follows:

'Gintlemen, this yere sort o' bis'ness is out uv my line. I'm not used

ter speechifyin', an' I may murder whot's called good English; but I'd a

durned sight ruther murder _thet_, then ter joodiciously, or ary other

how, murder a human bein'; an' it's my private 'pinion _ye'll_ murder

Mulock, ef ye bring him in guilty uv death.

'A man hain't no right ter take human life, 'cept in self-defence. Even

ef Mulock was so bad as this loryer feller tries ter make him out--but

he hain't, 'cause 'tain't in natur for a man ter be wuss than th' devil

himself--ye'd hev no right to stop his breath. Ye didn't guv it ter him;

it doan't b'long ter ye, an' th' lor doan't 'low ye ter take what hain't

your'n. Ef ye does, it's stealin', an' I knows thet none on the

gintlemen uv the jury ar so allfired mean as ter steal--'ticularly ter

steal whot woan't be uv no sort o' use ter 'em, nohow.

'The loryer yere, hes spread hisself on Mulock's motive fur doin' this

thing; 'sistin' thet fur seventeen yar he's ben a nussin'

suthin--nussin' it as keerfully as a mother nusses her chil'ren. Now,

young 'uns gin'rally walks when they's 'bout a yar old; but this one

thet Mulock's ben a nussin' didn't git 'round till it wus seventeen; an'

I reckon a bantlin' thet karn't gwo alone afore it's thet age, woan't

never do much hurt ter nobody.

'But these hain't th' raal p'ints uv th' case. I'm loryer 'nuff ter tell

ye, ye must gwo on th' evidence; an' thar hain't no evidence ter show

thet Mulock hed anything ter do with th' whippin' uv his wife; an' th'

_murder_ wus in thet. He _did_--so th' nigs say, an' I reckon the' tells

th' truth; an' thet's whot nary loryer kin do ef he try; so ye sees, a

_nig_ is smarter nor a loryer. Wall, the nigs say he holped in whippin'

th' white 'ooman; an', as 'torney fur th' _truth_, gintlemen, which I'm

gwine in fur yere, I've got ter 'low it. He did aid an' 'bet, as the

loryers call it, in thet, an' thet proves him 'bout as mean as a white

man ever gits ter be; an', 'sides thet, he did _sell_ har fur twenty

dollars--a 'ooman thet even th' 'judge'--an' he _ar_ a _judge_ uv sech

things--was willin' ter pay twenty-five hun'red fur; he _did_ sell har

fur _twenty dollars_; an' thet proves him a fool! Now, fur bein' both

mean an' a fool, I 'low he orter be punished. But doan't ye kill him,

gintlemen! Guv it ter him 'cordin' ter his natur an' his merits.' Just

luk at him. Hev ye ever seed sech a face, an' sech an eye as thet, in

ary human bein'? Why, his eye ar jest like a snake's; an' its natural,

ye knows, fur snakes ter crawl; the' karn't do nuthin' else, an' the'

hain't ter blame fur it. No more ye karn't blame Mulock for bein' whot

he ar. So guv him a coat uv tar--a ride on a rail--a duckin' in th'

pond--arything thet's 'cordin' ter his natur an' his merits; but doan't

ye take 'way his _life_! Ef ye does thet, he's _lost_--LOST

furever; fur, I swar ter ye, his soul ar so small, thet ef it was once

out uv his body, th' LORD himself couldn't find it, an' th'

pore feller'd hev ter gwo wand'rin' 'round with nary whar ter stay, an'

nary friends, aither in heaven or t'other place! So be easy with him,

gintlemen! Guv him one more chance. Let him stay yere a spell longer,

fur yere his soul may grow. An' it _kin_ grow! Everything in natur

grows--even skunks; an' who knows but Mulock may sprout out yit, an'

grow ter be a MAN!

'I'se nuthin' more ter say, gintlemen, only this: Afore ye make up yer

minds ter bring Mulock in guilty uv death, jest put yerselfs inter his

place, an' ax yerselfs ef _ye'd_ like ter hev a rope put 'round yer

windpipe, as ye'd put it 'round his'n! Ef ye wudn't, jest remember,

'tain't manly ter use ary 'nother man in a how ye wudn't like ter be

used yerselfs. I'm done.'

Larkin was frequently interrupted, during the delivery of this address,

by the loud shouts and laughter of the crowd; but, at its close, a

perfect tornado of applause swept over the multitude, and a hundred

voices called out:

'No; doan't ye hang him.' 'Give him one more chance.' 'Doan't gwo more'n

the tar.' 'Larkin's a loryer, shore.'

Amid these and similar exclamations, the jury retired to the little

grove of liveoaks. In about fifteen minutes they returned to their

seats.

'Gentlemen of the jury,' said Gaston, 'have you agreed on your verdict?'

''Greed on one thing, Major Gaston,' said the foreman, rising; 'hain't

on t'other.'

'On what have you agreed?'

'On whippin' th' young 'ooman.'

'What say you on that--guilty, or not guilty?'

'Guilty.'

'And so say you all?'

'Yas, Major.'

'How do you stand on the other charge?'

'Four gwo in fur guilty; th' rest on us think Jake Larkin 'bout right as

ter hangin' on him.'

'It is not for Mr. Larkin, or you, to say what shall be done with the

prisoner. You are to decide whether he is or is not guilty of

instigating the murder of his wife. You must retire again, until you

agree upon that.'

''Twouldn't be uv no use; Major. We reckon he's mean 'nuff ter hev done

it; but whether he done it, or no, we gwo fur givin' him a chance ter

live.

'Ye're white men, I swar!' cried Larkin, springing from his seat, and

grasping the hands of several of the jurors in turn.

'Take your seat, and observe order, Mr. Larkin,' said the judge, smiling

in spite of himself.

'All right,' said Larkin; 'ye're _some_ as a judge, Major--'bout up ter

me as a loryer, an' thet's saying a heap; so jest be easy on th' pore

devil. _Do_, yer _Honor!_'

'Silence, sir!' said Gaston, laughing.

Larkin took his seat, and the 'judge' continued:

'Prisoner, you have heard the verdict. Have you anything to say why

sentence for aiding in the assault on the white lady should not now be

passed upon you?'

'No, Major Gaston; I've nothin' ter say,' said Mulock, dejectedly.

Gaston continued: 'You have been tried by a jury of your own selection.

They are unanimous in pronouncing you guilty of a cowardly and

unwarrantable assault on a white woman. They evidently deem you guilty

of the worse crime of abetting the murder of your own wife, and humane

feelings only deter them from saying so. In these circumstances, I feel

it my duty to award you a more severe punishment than I should have done

had you been fully acquitted of the last charge. I shall therefore

sentence you to be coated with warm tar, ducked, in that condition,

three times in the pond, and then ridden on a rail to your shop at

Trenton; and may this example of public indignation lead you to a better

life in future. Mr. Larkin, I commission you to superintend the

execution of the sentence.'

'No, ye don't, Major--yer _Honor_, I mean! I'll stand by, an' see Mulock

hes far play; but I woan't do nary one's dirty work, I swar.'

'Well, who will volunteer for the duty?' said Gaston, appealing to the

audience.

About a score of 'natives' offered themselves; but, fixing his eye on a

stout, goodnatured-looking man, who had not volunteered, Gaston said:

'Won't _you_ do it, Mr. Moore?'

'Yas, ter 'blige ye, Major, I will,' replied the man.

The 'judge' then pronounced the court adjourned, and the crowd escorted

Mulock and the impromptu executioners to the site of the old

distilleries. There an iron kettle filled with tar was already simmering

over a light-wood fire, and, being divested of his borrowed plumage,

Mulock was soon clad in a close-fitting suit of black. He was about to

be led to the pond, when Ally appeared on the ground. Making his way

through the crowd, he called out:

'De young missus doan't want dis ting to gwo no fudder. She'll 'sider it

a 'ticular favor ef de gemmen'll leff Mulock gwo.'

'We karn't let him off without consent uv the judge,' said Mr. Moore.

A messenger was sent for Gaston, who soon appeared, and consented that

further proceedings should be stopped. Mulock was at once released, and,

coatless, hatless, and all but trouserless, he made his way through the

hooting multitude, and left the plantation, a blacker, if not a wiser

and a better man.

As we walked away from the 'scene of execution,' I said to the

negro-trader:

'Larkin, you should have been a lawyer; you managed that thing

admirably.'

'Th' boys hed got thar blood up, an' I know'd I couldn't clar him. A man

stands a sorry chance in sech a crowd, ef they's raally bent on

mischief.'

On the following morning the remainder of the negroes were purchased by

Joe; and in the afternoon I was on my way home.

The Continental Monthly, Vol III, Issue VI, June, 1863 Devoted to Literature and National Policy · 第 2 / 7 章