THE TESTIMONY.

  THE first witness called was the jailer. Upon the announcement of his name by the sheriff, he promptly made his appearance; and as he was so often a witness in one way and another, he looked around as complacently as the "Court" itself. The clerk held out the Bible, on which the jailer in a professional manner placed his hand, when the subordinate official said, "Mr. Orcutt, you swear before Almighty God, and these witnesses, that you will e-l-d-h-a-r-truth-p-s-d-r-u-m-c-l-w-s-d-i-y-and-r-t-v-a-h-e-r," whereupon Mr. Orcutt delicately kissed his own fingers, instead of the book, the district attorney, in a solemn voice, then asked:

  "Mr. Orcutt, you are the jailer of Beechland, I believe?"

  "That's the understanding, considering you have known the fact for eleven years," said Orcutt, with a grin.

  "May it please the Court," said the major, swinging round his arms, in sympathy with a burst of eloquence which he could, but did not utter; "may it please the Court, that the witness answers in a respectful manner."

  "The Court" temporarily relieved its mouth of a

  Mr. Orcutt went on:—"Mr. Toadvine come to me just at dark for the boy Jack, and I delivered him up, knowing Mr. Toadvine to be Mr. Mildmay's overseer." The jailer then gave his version of Toadvine's taking the negro out of the jail,—leaving the impression on the mind of the jury, however, that Toadvine did it in the most considerate manner; at the same time, he was most positive that after he closed the jail door, he knew nothing—saw nothing, of Toadvine's actions or treatment of the negro. The piece of rope that was found round Jack's neck, was acknowledged by Orcutt to be of the same coil in his possession.

  "Was the prisoner intoxicated at the time he came for Jack?" asked the district attorney, supposing that Major Trimmer had done with the witness.

  "I object to that question!" said Major Trimmer, looking very fierce.

  "If the Court please," returned the district attorney, "I will finish my examination uninterrupted, and then hand the witness over to the defence."

  "Was the prisoner intoxicated, Mr. Orcutt?" repeated the district attorney.

  Orcutt looked confused. "Remember you are under oath!" suggested "his honor," picking his teeth with a jack-knife.

  "Mr. Toadvine was slightly, very slightly elevated!" said Orcutt, after much hesitation.

  "What do you mean by 'elevated,' Mr. Orcutt?" asked the district attorney, appearing entirely at loss as to the witness's meaning.

  Orcutt scratched his head, looked despairingly around, stared at Major Trimmer, then at the Court, and finally said: "By 'elevated,' I mean that Mr. Toadvine 'felt well.'"

  The district attorney now "begged" the Court to order the witness to answer the question direct, and he again repeated it, with unusual emphasis on the word 'intoxicated.'

  "Perhaps," said Orcutt, "he mought have been 'considerable,' and he mought not—people as stay at the 'Head-quarters' all the afternoon, if they participate at all, get somewhat 'anti-fogmatic,' but not always. Toadvine was 'straight,' now I remember, for we tossed coppers for an odd quarter (great sensation with Major Trimmer), and Toadvine knew which side his bread was buttered, as quick as the soberest man as ever was in Beechland."

  "You can go!" said the district attorney, who, catching Gen. Bledsoe's eye at the instant, assumed a look of disgust at Orcutt's evident unwillingness to state a single fact.

  "You perceive, gentlemen of the jury," now chimed in Major Trimmer, "that the prosecutor's own witness acknowledges that Mr. Toadvine was 'straight,' when he went for the negro boy Jack."

  "Why didn't Orcutt say Toadvine was drunk, at once," said Withers, the juryman to Buatt, "for what harm would that have been?"

  Gen. Bledsoe, after taking the oath, was requested to state, by the district attorney, what he knew of the finding of Jack's body.

  The general, in clear voice, and very decided manner, stated that he was one of the deceased; that it was evident to the dullest intellect, from the very deep furrow, made for more than a hundred yards in the soft mud, and the appearance of the body itself, that it had been dragged swiftly all that long distance. He further stated, that he assisted with his own hands in taking the rope off the deceased neck, and that he found the spinal column not only broken from the base of the skull, but that the muscles of the neck had been extraordinarily stretched, while in the act of sustaining the dragging weight of the body. As Gen. Bledsoe was a very wealthy man, and given to taking the law in his own hands, where he was personally concerned, he escaped, of course, any undue cross-questioning from Major Trimmer.

  Graham Mildmay was next called. After being sworn, he stated that he knew nothing of the murder, until informed of it by Gen. Bledsoe, and other gentlemen. He testified that the boy Jack was, in his estimation, a harmless, inoffensive negro; that he had never been, to his knowledge, whipped for disobedience. That he was satisfied that his running away was more from ignorance of the consequences, than any thing else; and that it would

  "Do you not consider that Mr. Toadvine was unnecessarily severe, as an overseer?" asked the district attorney.

  "If I had so thought him to be," answered Mildmay, "I should not have employed him on my place. It was not since he left me, that I have become aware of the difficulties he had in managing my negroes. Without wishing to interfere with proper discipline," continued Mildmay, "I must think that Mr. Toadvine was not always considerate, and that he acted frequently from impulses which overcame his judgment."

  Two witnesses, much to Major Trimmer's astonishment, were now brought in by the district attorney, who testified, that they saw a man on the night of the murder, going out of Beechland, with a negro tied by a rope around the neck, following close behind his horse; but neither would say positively, that it was Toadvine. In fact, they both exhibited great consternation, and seemed to be afraid of committing themselves against the prisoner, being possessed of an idea in their minds, that the law was powerless to protect them against the vengeance of Toadvine's friends, in case he was convicted on their testimony; and beyond the fact, that they saw a man going out of town with a negro, on the night of the murder, nothing positive was elicited.

  Major Trimmer (who had been nervously watching the progress of the trial, and was exceedingly embarrassed, not only by the testimony, but also by the respectability of the witnesses, which kept him from displaying his favorite

  The first witness for the defence was Stubbs, the owner of the negro-catching dogs. he took his place at the stand, and went through the, to him, unnecessary form of an oath; and was requested by Major Trimmer, to be so kind as to state to the jury what he knew of the boy Jack.

  Stubbs, who had been by Major Trimmer designedly kept in the bar-room of the "Head-quarters," until Mildmay's testimony had been given, got up, perfectly prepared to answer Major Trimmer's leading questions, without regard to their meaning or effect, which would not have been the case, had he known all the particulars; for he knew he was dependent upon the planters for his business, and therefore did not like to offend them. As it was, Major Trimmer "pumped" Stubbs to his heart's content, and concluded as follows:

  "It has been stated, Mr. Stubbs, that Jack was a very good negro. When you arrested him, what took place?"

  "Why you see," said Stubbs, counting the ends of his fingers in his embarrassment, "you see, that I thinks all runaways is dangerous. Why? 'cause they mostly go armed with 'bowies.'"

  "Exactly so!" said Major Trimmer, highly delighted. "All runaways are dangerous, gentlemen of the jury, and wear 'bowies,'—please remember that, gentlemen!" and thus saying, the major requested Stubbs to go on.

  "I warn't, when I cotch't Jack, if that was his name, arter any of Mr. Mildmay's niggers; I was, at the time, a

  "Never mind about that, now!" said the district attorney, sort of waking up.

  "As I said, I was trailin' for 'Juba George,' when Tiger opened on a hot scent, and Terror gave a yelp as made me yell with pride at the dog's smartness; and the hull pack commenced singing beautiful, and runnin' along as true as a bee-line, when what should turn up but this 'ere nigger as died, when Mr. Toadvine was a takin' him home."

  "Address the jury!" said the Court, unfolding out of a sort of stupid doze.

  "As I was saying," continued Stubbs, turning to the jury, and now becoming quite interested, "the dogs was a runnin' as fine as a ha'r, when this Jack sprung up, leaped like a deer over a tree, gave a yell and was off; but it was no go, he come to bay in five minutes, and fou't beautiful; I think Tige' broke one of his front teeth a holdin' on, and Bruiser got crippled for a week, and if that ain't a dangersome nigger, I'd like to see one as is."

  "Then you think," said Major Trimmer, with a slow, hesitating voice, "that this boy, Jack, was really of bad character, and would resist if even proper discipline was enforced upon him?"

  "I think I've tuck many niggers as guv up easier than him."

  The sheriff then called Mr. Busteed, and the proprietor of the well-known "Head-quarters" presented himself.

  It was a saying among the younger members of the bar, that Busteed was a "standing witness," and Buatt, a "permanent juryman," and that the two ought to enter into business together, in these official capacities, and get a heavy salary for their services. The fact was, that most difficulties in Beechland commenced at the "Head-quarters," or could be traced directly to that popular place of resort, consequently, Busteed's testimony was always necessary, and what was most unaccountable to people of weak minds, he was always on the part of the "prosecuted," or he said, "taking up for them was imposed on by the law."

  "Was Mr. Toadvine intoxicated on the evening that he took Jack out of jail?" asked Major Trimmer.

  "How can I tell when a man's 'toxicated?" replied Busteed, with the air of an injured man.

  "But you must have some notion of such a thing!" suggested Major Trimmer.

  "Not a bit of it!" said Busteed, with a confidential air, at the same time lolling against the front of the judge's stand. "People that are fools enough to drink bad liquor will get sick, and that's what I tells my customers whenever I see 'em going to 'imbibe' at places they don't know about; besides, how can I know when a man's intoxicated,—thar's Judge Barley can carry just as much as he can git down, without a winkin', and then there's others as will keel up at the first glass."

  "I wish to know whether Mr. Toadvine left your house sober, or not?" said Major Trimmer, affecting (as had

  "Mr. Toadvine left my house as sober as any gentlemen do, and always does, and would!" replied Busteed, authoritatively.

  "Wasn't he much annoyed on the evening referred to, by losses at cards?" asked the district attorney, looking at a piece of paper handed to him by Gen. Bledsoe.

  "I demand protection of the Court for my client!" exclaimed Mr. Trimmer, with great admiration. "Protection, may it please your honor, from inquisitorial and improper questions. Whether or no my client plays cards, is a private affair,—and the witness should not answer."

  The judge, who, was getting very sleepy, on account of not being able to smoke while on the bench, and who had been, half the whole time of the proceedings, almost oblivious to what was going on before him, now roused himself, and discharging his tobacco on the floor, and tasting of the water before him, as if its primitive purity was nauseating to the last degree, he put on his spectacles in a careful manner, looked at Busteed full in the face, and solemnly said:

  "The Court will see that not only the witnesses are protected, but also that the bar and the bench are respected."

  This sudden ebullition of official dignity had a great effect on the spectators; many of them stopped talking and laughing, and things would for the moment have been quite calm and dignified, had not the sheriff startled the

  The worthy jailer at the sound came rushing out of the "Head-quarters," where he had been looking after Busteed's customers, while that gentleman was "legally engaged;" and mounting the witnesses' stand, almost entirely out of breath, he wiped his lips with his coat-sleeve, and observed to the clerk, that "he was ready to take a swar."

  The clerk reminded Mr. Orcutt that he was still under the weighty responsibility of an oath, as a witness in the case of the State v. Toadvine, and that the form alluded to would not be repeated.

  "Mr. Orcutt," said Major Trimmer, rising with dignity, and opening a volume of Blackstone, which he held upside down in his hands; "Mr. Orcutt, please state to this honorable jury, whether or no the boy Jack was sick while under your charge in jail?"

  "He wasn't sick as I knows on," returned the witness, eyeing Trimmer intently, as much as to ask, "Why didn't you post me up before the trial on this point?—what are you driving at?"

  "You say," said Major Trimmer, looking very earnest, and seizing a pen, "that the boy was not sick?"

  "No, I don't, though," said Orcutt, brightening up; "I don't say nothing of the kind, because I wouldn't say under oath of niggers in jail, that the wellest-looking of them wasn't sick."

  "Then there is a great deal of sickness in the jail?"

  "Why, generally thar is 'mong the runaways when

  "And the boy Jack suffered as others do?"

  "He did complain of the dog-bite on the calf of his leg, but nothing more, as I recollect."

  "Are you sure, Mr. Orcutt, that none of the prisoners were sick with cholera?"

  The jailer reflected for a few seconds, and said, "that he believed one of the prisoners was troubled that way; but which one, he didn't know:" and with this answer, he retired.

  "Colonel Price!" shouted the sheriff; and the name was sooner uttered, than that portly worthy presented himself. Major Trimmer, who seemed to be very much delighted with "the colonel's" appearance, asked the witness:—

  "Do you think, Colonel Price, that Mr. Toadvine is a mild or a severe man with niggers?"

  "Mild—very mild," replied the colonel.

  "What reason, Colonel Price, have you for declaring Mr Toadvine to be 'mild—very mild?'"

  "'Cause he'd let niggers off for nothing that 'ud get staked down by me, and have forty," replied the colonel, flushing with excitement.

  "Colonel Price," said the district attorney, "do you know any thing about the defendant's whipping the deceased before he ran away?"

  "Who's defendant,—and what's deceased?" asked the colonel, an idea passing through his mind that the district

  "I mean," said the district attorney, "did Mr. Toadvine ever whip Jack to your knowledge?"

  "Sartain he did," said the Colonel, looking very blank; "sartin he did, and by my advice, too."

  Major Trimmer was again upon his feet, and with a loud voice he appealed to the Court to know, if witnesses were obliged to answer questions relating to their private business, particularly gentlemen overseers, regarding their punishment of negroes.

  Price thought that Trimmer asked him the question, and he vehemently replied:

  "I rather think I ain't obliged to answer any questions that I don't want to, and you may depend on that."

  "The Court" seemed very much delighted with its temporary mouth-piece.

  "How much was Jack whipped by Mr. Toadvine on your suggestion, Colonel Price?" pursued the district attorney.

  "Just as much," replied the colonel, "as Toadvine had grease in his back to work his arms with; and since you want to know so many particulars," said the colonel, turning to the district attorney, "I would just say, that if any man gets out of 'dictment agin me for killing a nigger, I'll cut his——"

  "Silence!" said the sheriff;—"Take him out!" cried the lawyers; "Go it, old colonel!" vociferated the "outsiders."

  The judge finally leaned over, and said to the deputy

  "Oh, come out of the court—I want to tell you something," whispered the officious deputy.

  Price gazed upon the speaker vacantly, for he was very much intoxicated, and walked quietly through the crowd into the street. Quiet being restored, it was announced that "the defence was closed."

  Meanwhile, Gen. Bledsoe and the particular friends, who came with him to Beechland in the morning, formed a group by themselves, and seemed in angry conference. Expressions of contempt for the whole proceedings of the trial were to be heard, reminding one of the mutterings of a coming storm; the judge was denounced as one of "Busteed's right-hand men,"—the jury, as "a set of packed rascals,"—the district attorney, as "an ass,"—and Trimmer, "as a parasite upon the community in which he lived."

  Mildmay, who had left home at the cost of neglecting important business that required his personal attention; and feeling sorely disgusted at all he had witnessed, called Gen. Bledsoe apart, stated the facts, and announced his intention of returning home at once.

  "I would go by all means," said Gen. Bledsoe, without hesitation, "if my presence were needed elsewhere. You now see, Mr. Mildmay," exclaimed the general, with some feeling, "that that scoundrel, Toadvine, will cheat the gallows after all; you will learn, when you have lived here a few more years, that we are obliged sometimes to

  "It is a fearful alternative," sighed Mildmay; and cordially shaking Gen. Bledsoe by the hand, he musingly pursued his way to Heritage Place.

  Some little excitement existed among the spectators preceding the "opening of the prosecution." After a few general remarks, the district attorney, who was quite a young man, said:—

  "The defendant stands charged with murder. In accordance with just mercy, the laws of Louisiana make no invidious distinctions against the negro, when we come to the protection of his life; and the white man, who with malice aforethought, wilfully kills the humblest slave, has committed in the eye of the law the highest crime known to our statutes.

  "In all cases of death by violence, the law presumes it to be done in malice until the contrary be proved: this is so constructed for the protection of life. If, therefore, you are satisfied that the killing was done with malice, and find no extenuating circumstances, you cannot do less than what the law demands of you.

  "In the operation of our police regulations, a negro is committed to jail; in due course of time, the overseer calls at the place of the slave's confinement,—obtains possession of him,—ties one end of a rope around the slave's neck, and the other to the pommel of his saddle,—and before half a mile is accomplished, the negro becomes exhausted, is dragged through the mud for more than a hundred

  "The peculiar character of our institutions requires that the master should necessarily delegate a great deal of power to his confidential agent—the overseer; but that authority is not to be abused. I am sorry to say, gentlemen, that the abuse of power by overseers is becoming too common; it is a source of alarm to the thinking people of the community, that there is exhibited a growing wantonness in the sacrifice of this species of property, and the consequent shedding of human blood. Unless, gentlemen, we protect our slaves,—unless the strong arm of the law is exerted to shield them from the death-dealing influences of the irresponsible white men, society among us will rapidly degenerate into barbarism, and there will settle down upon us a cloud deeper and more terrible than that which once overwhelmed Egypt.

  "You have, also, gentlemen, a duty to perform, which should be one to you of serious consideration. There are fanatics at the North, who make it their unrighteous business to vilify and misrepresent the South. It is such cases, as we have here to-day presented, that give foundation to the misrepresentations we have alluded to; and we are bound, as we wish to have our community protected by the powerful support of the sanction of good men of every land, to punish those who would give force to the odium that is heaped upon us. We must let no more feathers, plucked from the breast of our own body politic,

  "The most responsible,—the most honorable men of our community, have given in their testimony to-day. It has been shown by Mr. Orcutt, that the accused tied the deceased with a rope around his neck previous to leaving the jail; it has been proven that the prisoner was seen leaving the town at dusk,—the negro following close in the rear. It has been shown by the testimony of such gentlemen as General Bledsoe, and others of equal moral veracity, that the deceased was found in the road, his neck broken, and with all the corresponding marks of a fearful murder.

  "Mr. Mildmay, the owner of the deceased, states distinctly, that the victim of brutality was unexceptional in character; and although a family servant, grown up under his own eye, yet no recollection was had that the deceased was ever struck a blow for insubordination, or any other cause of disobedience whatever. In view of all these facts, gentlemen, it is for you to vindicate the sincerity of our laws, passed for the protection of the slave, and show those who are willing to trample them underfoot, that it cannot be done with impunity. Spurn not the cries of blood that come from the ground, because that blood flowed from the heart of a poor African slave. Remember that the eye of Heaven is no respecter of persons; feel the full force of the demand made upon you, from the very fact, that the murdered victim was helpless,—was unsupported,—had no family influence,—no position; that he was a helpless, unoffending negro slave, with no inheritance,

  There was no applause expressed at the conclusion of the district attorney's speech, for as Puckett said to Busteed, "there was nothing in it to make a man yelp." The moment, however, it was announced that Major Trimmer was "to begin the defence," there was great excitement among the spectators. The bar-room of the "Head-quarters" was vacated in a moment by quite a number of individuals who had found the "prosecution tedious," but who were very anxious to hear the "scathing eloquence" of "the most distinguished criminal lawyer in the district."

  It was perfectly understood that the major would "exalt himself" on this particular occasion. He was always a candidate for political honors, and, as in law practice, either on one side or another, and as an election was near at hand, he had expressed to an intimate friend of the opinion, that he thought he might take advantage of his defence of Toadvine to say something so handsome of the overseers as a body, that he could secure their influence at the polls.

  The major began by saying, "that he felt deeply the fearful responsibility resting upon him, but that he was afraid that his astonishment at the fact of his client being tried at all for killing the negro Jack, would overcome his ability to do justice to the mighty wrongs his client had suffered, in this unjust and absurd prosecution." When the major concluded this opening sentence, Toadvine

  The major proceeded:—"If I were left to consult my own feelings, I should submit my injured client's cause without argument to your keeping; but, honored gentlemen, I should be doing injustice to society, to good morals, and to the rights of an American sovereign, if I did not here before this honorable court, before these enlightened arbiters, and before this chivalrous audience, express my opinion; and in my official capacity as a member of this bar, enter my protest against the unnecessary and extraordinary legal proceedings which have been made to sacrifice the liberty and happiness of one of our most useful, and, poor though he be, I will add, one of our most influential citizens.

  "Gentlemen of the jury, who is my client? I answer, a person I have long known, and been intimate with; an individual, who forms one of the bright galaxy of overseers—those noble men, who control our servile population,—who brave the heats of tropical sun in the performance of their arduous duties,—who sleep at night beside their arms, to be ready to defend whom—themselves? No, gentlemen of the jury, to defend their employers—the lordly planters—from insubordination and insurrection; a class of men, who risk their life daily, and take a sum of money as renumeration, which would be as nothing, if they were not inspired by patriotism,—were not philanthropists by trade; of such, gentlemen, is Sylvanus Toadvine, who now sits before you. And this is the man possessed of so many admirable qualities, who has

  "My legal brother, the district attorney, had stated, that it was proven beyond a doubt, that a negro had been killed. Where is the authority for such a presumption? It has been shown that past contradiction that a negro was dead, which negro, as I shall show, probably died of a fatal disorder, from what is termed a natural cause; and no personal violence to any thing to do with the case.

  "Now what are the facts? Simply these. The defendant is overseer on a large plantation; he has the control of sixty or eighty brutalized Africans, who require his constant attention; he has contracted with their master to cultivate a certain amount of land, and produce a fixed number of bales of cotton. To do this, and escape losing the reputation of a business man, the overseer labors night and day, and is properly intrusted with the sole control and management of the slave gang.

  "The overseer knows well the disposition of the negro, and while the master is treading, with dainty steps, his marble halls, the faithful overseer is winding his devious way through interminable swamps; while the master is lounging upon the delicate ethereal spring-made ottoman, the overseer makes his couch upon the hard, cold ground; while the master is indulging in the delights of the table groaning beneath the luxuries of every clime, the overseer

  "Therefore, gentlemen of the jury, when the owner of a negro comes into court, and under oath declares that negro to have been without a fault,—to have been well-behaved and harmless, that owner acts conscientiously, believes what he says, speaks what he thinks is true; but the overseer, gentlemen, can alone know the facts,—one word from Col. Price, a disinterested and capable witness, as to the outrageous insubordination of the deceased, is worth whole volumes of presumption from the good-natured, and where the affections are easily concerned, easily deceived master. Having satisfied you, gentlemen (as a mere incident), of the savage and barbarous character of this negro, Jack, for it is not necessary for me, in any way to strengthen the defence, to dwell upon the subject, I will examine the testimony adduced for the attempted proof, that he died by the hands of my injured client.

  "It is stated by Mr. Orcutt, that Mr. Toadvine left the jail with Jack; and two respectable witnesses swear they saw a man, on the evening of 'the murder,' going out of Beechland, a negro following at his horse's heels, with a rope tied around his neck.

  "Well, gentlemen of the jury, I have had some practice in criminal cases, but I never have had so weak a one before to defend. Mr. Orcutt says that the boy was tied—of course he was tied,—was Mr. Toadvine to risk his life in the hands of a desperate and dangerous runaway, armed

  "But two witnesses say they saw a man going out of town, with a negro at his horse's heels, and a rope around his neck. Gentlemen, I do not wish to impugn the motives of these witnesses, but I leave it to your imagination to comprehend, how distinctly they could see a rope in the dusk of the evening, and also to decide, if, because a man went out of Beechland, as the witnesses testify, it must necessarily have been my client, or the insubordinate and dangerous Jack.

  "The district attorney has dwelt at length on the fact, that the law announces the punishment of murder for killing a negro; he therefore argues that if the crime be proved, the law should be executed. Let me say, gentlemen, that these laws, so inconsistent with our feelings and our institutions, are borrowed with the common law of England; they were made for serfs, not independent, enlightened Southern men; and although they are legally living on our statute books, they are virtually dead; repealed by the superiority of our enlightened public opinion, by custom, and by necessity.

  "Suppose, for a moment, that my client did kill Jack, is the law such an absurdity; is the perfection of human

  "It is not true, gentlemen, that a law is a law, because it is upon the statute book. The same law that in England is construed to mean murder in the first degree, when brought before our enlightened courts, and our independent juries, is translated to be 'justifiable homicide.' In this country public opinion controls and governs the conduct of all men, and we are forced to act in obedience to its potential voice, whatever law to the contrary may exist. You will pardon me, gentlemen of the jury, for this digression, and coming back to the trial under consideration, I shall endeavor to treat it with all due solemnity, and at least to go through the forms of defence, however unnecessary it may be.

  "My client did tie a rope around the boy Jack, and why? Because he was afraid, unless he had him in the most complete manner in his power, he would slay him before

  "But gentlemen, I perceive that I am wasting your precious time by my unnecessary remarks, yet I must, before I close, allude to one extraordinary appeal, made to you by the district attorney. Not content to take every advantage of the technicalities of the law, to prejudice you against the prisoner, he has threatened you with the indignation of 'the fanatics of the North,' as a penalty for letting the innocent go free. I am shocked at such a sentiment, uttered by a Southern lawyer to a chivalrous Southern jury. What care we for the 'favorable opinion of the

  "Gentlemen, I leave my client in your hands; you have the noble, the exalted, the majestic right, to unloose the hold of justice upon him; you can open his prison doors, and bid him go free. Restore him, gentlemen, to his exalted position in society as a citizen. Remember that the blind goddess of Justice is looking down upon you, anxiously waiting to see you vindicate her purity,—that the Angel of Liberty has her pen in hand, ready to inscribe upon the stars and stripes, that Toadvine and our country are free,—that the American eagle is standing upon the apex of the Rocky Mountains, with outstretched wings, one eye bent upon this interesting scene, and the other, unblenched, staring at the noonday sun, ready in his exalted flight to scream, 'Give me liberty, or give me death!'"

  Great and continuous cheering by the jury and audience now interrupted the major, who bowed repeatedly to his admirers, and in a satisfied and oracular voice, he concluded:

  "Before you retire, gentlemen of the jury, the honored Court will give you the usual charge; you will hear the law expounded, sanctioned by the 'sacred ermine,' so long

  The moment that the applause called forth by Major Trimmer's eloquence had ceased, the sheriff vociferously called out order, order; and then taking a lounging negro by the shoulder, rudely thrust him out of doors, to show his vigilance in the public welfare; this being done, the "ermine" delivered itself as follows:

  "Gentlemen of the jury, you have heard the testimony on both sides of this case, and"—here the "ermine" yawned, and then went on: "if you think the prisoner guilty, you will bring in a verdict accordingly; if you think him innocent, you will bring in a verdict accordingly!"—the remainder of the "charge" became so indistinct, that the jurors, presuming that the "ermine" had concluded, headed by the sheriff, left their seats, and in a moment could be heard, in shuffling sounds, overhead.

  The moment the "twelve honest men" were left to themselves, for deliberation, they proceeded at once to elect a "foreman," which being done, a general conversation ensued, about crops, races, hard seats in the jury box, and Major Trimmer's speech. It was generally agreed that it was one of his tamest efforts, and this was accounted for by the fact, "that the trial being only about a nigger, didn't call forth his best style." A "piney woods' man" remarked, that he had shot a great many eagles, but he didn't see how one of them could look down and

  Buatt, who had been exceedingly restless throughout the whole trial, and had not hesitated to express it in every allowable way, now that he was in the jury-room, where he could speak, deliberately took off his overcoat, and folding it up for a pillow, stretched himself out upon a bench, remarking, "You know my sentiments,—I'm for hanging the jury, I don't care how your verdict is!" and in a few moments he fell into a profound slumber.

  The foreman said there was no use of going down stairs immediately, that it would look better to appear to deliberate a while, at least; and he started a very animated conversation about the coming election, in which the different members of the jury entered warmly, and freely expressed their opinions of the "prominent candidates."

  The sun had gone down, and as most of the jurors had become thirsty, it was decided to take down the verdict of "not guilty," which was agreed upon without any formal consultation; but there was the stubborn Buatt, ready to differ with his eleven compeers, no matter how they decided, and who, if not managed, might keep them prisoners, at the mercy of the judge.

  The foreman finally struck upon a bright idea; he told all to say they were for "guilty," and then waking up Buatt, that worthy was informed that the jury had "agreed." "How?" asked Buatt, still half asleep. "Guilty!" was the universal exclamation. "Well, I'm 'not guilty,'" said Buatt, turning over to take another nap. The foreman then said, "Here, Buatt, put down

  "Gentlemen, thar's no use a-staying here all night,—let's go over to Buatt's side, and get done with the business." The proposition was instantly agreed to, and a general laugh ensued at Buatt's expense. At first, he was quite indignant, but soon became reconciled; and as the jury was going to report to the "ermine," he said, "If you hadn't played that trick on me, I intended to keep you tied up for three days; there's the bread and cheese I had to do it on," and he pointed to a large package protruding from his coat pocket.

  The moment the jury retired, Gen. Bledsoe was seen moving about on the outside of the court-house. He had private consultations with different persons; and as the sun disappeared, a number of armed men might have been seen stationed at different points,—all appearing intent on some special object. Two were side by side, and as they examined their double-barrel fowling-pieces, one remarked, "There cannot be a doubt but that the jury will bring in a verdict of not guilty, but we will teach him that there's law outside the court-house, if there is none in it."

  The increasing darkness had settled upon the court-room,—the two or three candles that were burning only gave a sepulchral effect to the many spectators, who in silent groups remained to see the end, for it was rumored that Toadvine was "to be lynched," if let off by the jury. The prisoner maintained his place behind his counsel,

  Presently there was a movement of the jury overhead, and its members could be heard descending the stairs, which gave the usual signal that the jury had agreed upon a verdict. Every body commenced crowding round the judge's stand, and universal confusion prevailed. The jury appeared, and after the usual preliminaries, each member answered "not guilty," as his name was called by the clerk. This done, "the ermine" complimented the jury on its attention, and the high-toned manner with which it had conducted itself,—announced it "discharged;" and declared the prisoner free. Amid a great deal of confusion, a shout went up from the crowd; Gen. Bledsoe heard the offensive noise,—knew what it meant, and gnashed his teeth in anger. "Now," said he, to some persons near him, "let us vindicate the outraged laws."

  Every one now moved but the late prisoner; there he sat, from his dress the most conspicuous person in the court-house, as if overcome with emotion; he stirred not, but burying his face, remained statue-like and still. Soon the self-constituted arbiters of the law, who were hovering outside in the darkness, became impatient for their prey, and some, unable longer to restrain their fury, rushed into the court-room, to seize him where he sat, when, lo and behold! instead of the sinister face of Toadvine, there was revealed the honester one of Puckett!

  In the confusion of the giving in of the verdict, Toadvine, who had throughout acted under Major Trimmer's instructions, had shed his coat, slipped unperceived through the cordon of his enemies, and at that very moment, was swiftly speeding down the rapid current of the Mississippi.