CHAPTER XXVI

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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.

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