The attorney--the man of duty--is somewhat affected. "I have a duty to perform," he says, looking at the court, at the witness, at the children, at the very red-faced clerk, at the opposing counsel, and anything within the precincts of the court-room. We see his lips move; he hesitates, makes slight gesticulations, turns and turns a volume of Blackstone with his hands, and mutters something we cannot understand. The devil is doing battle with his heart-a heart bound with the iron strings of the black law. At length, in broken accents, we catch the following remarks, which the learned gentleman thinks it necessary to make in order to save his gallantry:--"I am sorry--extremely sorry, to see the witness, a lady so touchingly sensitive, somewhat affected; but, nevertheless" (the gentleman bows to the judge, and says the Court will understand his position!) "it is one of those cases which the demands of the profession at times find us engaged in. As such we are bound, morally, let me say, as well as legally, to protect the interests of our clients. In doing so, we are often compelled to encounter those delicate irregularities to which the laws governing our peculiar inst.i.tutions are liable. I may say that they are so interwoven with our peculiar inst.i.tution, that to act in accordance with our duty makes it a painful task to our feelings. We--I may appeal to the court for corroboration--can scarcely pursue an a.n.a.lysation of these cases without pain; I may say, remorse of conscience." Mr. Petterwester, for such is his name, is evidently touched with that sense of shame which the disclosures of the black system bring upon his profession.
This is aided by the fascinating appearance of the witness on the stand. It is irresistible because it is at variance with those legal proceedings, those horrors of southern jurisprudence, which he is pressing for the benefit of his clients. Again he attempts to put another question, but is seized with a tremor; he blushes, is nervous and confused, casts a doubting look at the judge. That functionary is indeed very grave--unmoved. The responsibility of the peculiar inst.i.tution sorely hardened the war of heart against head that was waging among the learned gentlemen; but the inst.i.tution must be preserved, for its political power works wonders, and its legal power is wondrously curious. "Please tell the court and jury what you know about the relation in which these children stand to the gentleman who a.s.serts their freedom, dear madam? We will not trouble you with questions; make a statement," says Mr.
Petterwester, with great sincerity of manner. Indeed, Mr.
Petterwester has been highly spoken of among the very oldest, most respectable, and best kind of female society, for his gallantry.
The brother opposite, a small gentleman, with an exceedingly studious countenance, dressed in shining black, and a profusion of glossy hair falling upon his shoulders, rises with great legal calmness, and objects to the manner of procedure, describing it as contrary to the well-established rules of the bar. The court interpolates a few remarks, and then intimates that it very seriously thinks gentlemen better waive the points,--better come to an understanding to let the lady make her statements! Courtesy ent.i.tles her, as a lady, to every respect and consideration. The gentlemen, having whispered a few words together, bow a.s.sent to the high functionary"s intimation.
Franconia proceeds. She a.s.serts that Hugh Marston (pointing to him) is her uncle; that she knows little or nothing of his business affairs, cannot tell why her brother left the country so suddenly; she knew Clotilda and Ellen Juvarna, mothers of the children. They never were considered among the property of the plantation. Her short story is told in touching tones. The learned and gallant attorney, esteeming it indispensable, puts a question or two as to whether anything was ever said about selling them in consequence of certain jealousies. Before the brother can object, she answers them evasively, and the testimony amounts to just no testimony at all.
The court, bowing respectfully, informs the lady she can get down from the stand.
The next witness called is Mrs. Rosebrook. This good and benevolent lady is more resolute and determined. The gentlemen of the bar find her quite clever enough for them. Approaching the stand with a firm step, she takes her place as if determined upon rescuing the children. Her answers come rather faster than is compatible with the dignity of the learned gentlemen of the bar. She knows Marston, knows Franconia, knows the old plantation, has spent many happy hours upon it, is sorry to see the old proprietor reduced to this state of things. She knows the two children,--dear creatures,--has always had a kindly feeling for them; knew their poor mothers, has befriended them since Marston"s troubles began. She always-her large, loving eyes glowing with the kindness of her soul-heard Marston say they were just as free as people could be, and they should be free, too! Some people did"nt look at the moral obligation of the thing. Here, the good lady, blushing, draws the veil over her face. There is something more she would like to disclose if modesty did not forbid.
"Nothing direct in such testimony, your honour will perceive!" says Mr. Petterwester, directing himself to the judge.
"Is there any question with regard to the father of the children?"
enquires his honour, again placing his hand to his ear and leaning forward inquisitively. His honour suddenly forgot himself.
"Ah, ha"h, he-em! The question, so buried under a mountain of complexity, requires very nice legal discrimination to define it properly. However, we must be governed by distinct pleadings, and I think that, in this case, this specific question is not material; nor do my brother colleagues of the Bench think it would be advisable to establish such questions, lest they affect the moral purity of the atmosphere we live in."
"If your honour will permit it, I may say it will only be necessary in this case to establish the fact of property existing in the mothers. That will settle the whole question; fathers, as you are aware, not being embraced in the law regulating this species of property;" the learned gentleman instructs the court.
His honour, rejoining with a few very grave and very legal remarks, says they look very much alike, and are of one mother. He is a little undecided, however, takes another good stare at them, and then adds his gla.s.ses, that the affinity may be more clear. Turning again to his book, he examines his pages, vacantly. A legal wag, who has been watching the trial for mere amus.e.m.e.nt, whispering in the ear of his brother, insinuates that the presiding functionary is meditating some problem of speculation, and has forgotten the point at issue.
"No!" interrupts Mr. Petterwester, "your honour is curiously labouring under an error; they have two mothers, both of the same tenour in life--that is"--Mr. Petterwester corrects himself--"embodying the same questions of property. The issue of the case now on is taken as final over the rest."
"Ah! bless me, now-I-rather-see-into it. The clerk will hand me Cobb"s Georgia Reports. A late case, curiously serious, there recorded, may lead me to gather a parallel. Believe me, gentlemen, my feelings are not so dead-his honour addresses himself to the bar in general--that I cannot perceive it to be one of those very delicate necessities of our law which so embarra.s.ses the gallantry of the profession at times--"
"Yes! yer honour," the attorney for the defence suddenly interrupts, "and which renders it no less a disgrace to drag ladies of high rank into a court of this kind--."
His honour can a.s.sure the learned gentleman that this court has very high functions, and can administer justice equal to anything this side of divine power,--his honour interrupts, indignantly.
"The court misunderstood the counsel,--he had no reference to the unquestioned high authority of the tribunal; it was only the character of the trials brought before it. When, notwithstanding our boasts of chivalry, delicate ladies are dragged before it in this manner, they must not only endure the painful tenour of the evidence, but submit to the insolence of men who would plunder nature of its right--"
"I shall claim the protection of the court against such unprofessional imputations," his brother of the opposite interrupts, rising and affecting an air of indignation. The court, quite bewildered, turns a listening ear to his remarks--"Hopes the learned gentlemen will not disgrace themselves."
Order! order! order! demands the sheriff, making a flourish with his sword. The spectators, rising on tip-toe, express their anxiety to have the case proceed. They whisper, shake their heads, and are heard to say that it will be utterly useless to attempt anything against the testimony of Graspum and Romescos. Mr. Graspum, in the fulness of his slavish and impudent pedantry, feeling secure in the possession of his victims, sits within the bar, seeming to feel his position elevated a few degrees above his highness the judge.
"I do hope the interposition of this Court will not be necessary in this case. Gentlemen of the learned profession should settle those differences more like gentlemen," says his honour, looking down upon his minions with a frown of contempt.
"The matter is one entirely of a professional nature, yer honour!"
responds the scion of the law, quickly, first addressing himself to the judge, and then to the jury. "If the testimony we have already adduced--direct as it is--be not sufficient to establish the existence of property in these children" (Romescos has just whispered something in his ear) "we will produce other testimony of the most conclusive character. However, we will yield all further cross-questioning the ladies; and I now suggest that they be relieved from the painful position of appearing before this court again."
Mrs. Rosebrook descends from the stand amidst murmurs and applause.
Some amount of legal tact now ensues; the attorney for the prosecution displays an earnestness amounting to personal interest.
Here the counsel for the defence steps forward, whispers to the clerk, and gives notice that he shall call witnesses to impeach the characters of Graspum and Romescos. These two high dignitaries, sitting together, express the utmost surprise at such an insinuation. The character of neither is sacred material, nor will it stand even in a southern atmosphere. They have been p.r.o.nounced legally impure many years ago.
Just at this juncture there is quite an excitement in the court-room. Romescos, like a disfigured statue, rises from among his legal friends and addresses the court on the independent principle.
"Well now, Squire, if ya"r goin" to play that ar" lawyer game on a feller what don"t understand the dodge, I"ll just put a settler on"t; I"ll put a settler on"t what ya" won"t get over. My word"s my honour; didn"t come into this establishment to do swarin" cos I wanted to; seein" how, when a feller"s summoned by the Boss Squire, he"s got to walk up and tell the truth and nothin" shorter. I knows ya" don"t feel right about it; and it kind a hurts a feller"s feelins to make property of such nice young uns, especially when one knows how nice they"ve been brought up. This aint the thing, though; "taint the way to get along in the world; and seein" I"m a man of honour, and wouldn"t do a crooked thing nohow-"
His honour the Sheriff, being somewhat impressed with the fact that Mr. Romescos is rather transgressing the rules of the court, interposes. His defence of his honour cannot longer be tolerated; and yet, very much after the fashion of great outlaws, who, when arraigned for their crimes, think themselves very badly used men, Romescos has the most exalted opinion of himself; never for a moment entertains a doubt of his own integrity.
He reaches over the bar; places his lips to the attorney"s ear; is about to whisper something. That gentleman quickly draws back, as if his presence were repulsive. Not the least offended, Romescos winks significantly, crooks the fore-finger of his right hand, and says-"something that"ll put the stopper on." The legal gentleman seems reconciled; listens attentively to the important information.
"All right! nothing more is needed," he says, rising from his seat, and asking permission to introduce proof which will render it quite unnecessary to proceed with anything that may have for its object the impeachment of the witnesses.
The attorney for the defence objects to this mode of procedure; and the judge, having sustained the objections, orders the counsel to proceed with his witnesses. Several persons, said to be of very high standing, are now called. They successively depose that they would not believe Romescos nor Graspum upon oath; notwithstanding, both may be very honourable and respectable gentlemen. Thus invalidating the testimony of these high functionaries of the peculiar inst.i.tution, the gentleman of the prosecution has an opportunity of producing his conclusive proof. Romescos has been seen pa.s.sing him a very suspicious-looking doc.u.ment.
All attention is now directed to the children; they sit pensively, unconscious of the dread fate hanging over them. "What can this testimony be?" rings in whispers about the court-room. Some deep intrigue is going on; it is some unforeseen movement of the slave-dealers, not comprehended by the spectators. Can the bon-fide creditors be implicated? Even Mr. Scranton feels that his knowledge of the philosophy of slave power is completely at fault.
"Now, your honour, and gentlemen of the jury," says the gentleman of the prosecution, "I am fully aware of the painful suspense in which this case has kept the court, the jury, and the very respectable persons I see a.s.sembled; but, notwithstanding the respectability and well-known position of my clients and witnesses, the defence in this case has succeeded in expunging the testimony, and compelling us to bring forward such proof as cannot be impeached." Here the legal gentleman draws from his pocket a stained and coloured paper, saying, "Will the gentlemen of the jury be kind enough to minutely examine that instrument." He pa.s.ses it to the foreman.
"What is the purport of the instrument?" his honour enquires.
"The bill of sale, your honour."
Foreman has examined it satisfactorily; pa.s.ses it to several of his fellows. All are satisfied. He returns it to the learned gentleman.
That very important and chivalrous individual throws it upon the table with great self-confidence.
His honour would like to scan over its details. It is pa.s.sed to the little fat clerk, and by that gentleman to his honour. "Very, singularly strong!" his honour says, giving his head a very wise shake.
"When the court gets through," says the advocate for the defence, rising and placing his hand on the clerk"s desk.
"The gentleman can examine," replies the court, pa.s.sing it coldly to the Sheriff, who politely forwards it.
He turns it and turns it; reads it slowly; examines the dates minutely. "How did the prosecution come in possession of this doc.u.ment?"
His brother of the law objects, "That"s not an admissible question.
If the defence will inst.i.tute an action against the parties for unlawfully procuring it, we will take great pleasure in showing our hands. It may be, however, well to say, that Mr. Marston and Mr.
Graspum have always been on the most friendly terms; but the former gentleman forgot to take care of this very essential doc.u.ment," he continues, taking it from the hand of his professional brother, and turning toward the spectators, his countenance glowing with exultation. The pride of his ambition is served. The profession has honourably sustained itself through the wonderful abilities of this learned brother, who, holding the paper in his hand, awaits the gracious applause of the a.s.sembled spectators. There is some applause, some murmuring, much whispering.
The court, in coldly measured words, hopes the audience will evince no excitement pro or con.
Some persons declare the bill of sale a forgery,--that Romescos has tried that very same trick twice before. Others say it matters but little on that score,--that all the law in the country won"t restrain Graspum; if he sets at it in good earnest he can turn any sort of people into property. A third whispers that the present order of things must be changed, or n.o.body"s children will be safe. Legal gentlemen, not interested in the suit, shake their heads, and successively whisper, "The prosecution never came by that bill of sale honestly." Creditors, not parties to this suit, and brokers who now and then do something in the trade of human beings, say, "If this be the way Marston"s going to play the dodge with his property, we will see if there be not some more under the same shaded protection."
"Will the counsel for the defence permit his client to inspect this instrument?" says the learned gentleman, pa.s.sing it across the table.
Marston"s face flushes with shame; he is overcome; he extends his trembling hand and takes the fatal doc.u.ment. It is, to him, his children"s death-warrant. A cloud of darkness overshadows his hopes; he would question the signature, but the signer, Silenus, is dead,--as dead as the justice of the law by which the children are being tried. And there is the bond attached to it! Again the thought flashed through his mind, that he had sold Ellen Juvarna to Elder Pemberton Praiseworthy. However much he might struggle to save his children-however much a father"s obligations might force themselves upon him-however much he might acknowledge them the offspring of his own body, they were property in the law-property in the hands of Graspum; and, with the forethought of that honourable gentleman opposed to him--as it evidently was--his efforts and pleadings would not only prove futile, but tend to expose Lorenzo"s crime.
"The philosophy of the thing is coming out, just as I said-precisely," e.j.a.c.u.l.a.t.es Mr. Scranton, raising his methodical eyes, and whispering to a legal gentleman who sits at his right.
"Serious philosophy, that embraces and sanctions the sale of such lovely children,--making property of one"s children against his wishes! I"m a great Southern rights man, but this is shaving the intermixture a little too close," rejoins the other, casting a solicitous look at Marston, who has been intently and nervously examining the bill of sale.
"Any objections to make to it?" says the learned gentleman, bowing politely and extending his hand, as he concludes by inquiring how it happened, in the face of such an array of evidence, that he sold the girl, Ellen Juvarna?
"No objection, none!" is Marston"s quick response. His head droops; he wipes the tears from his eyes; he leaves the court in silence, amid murmurs from the crowd. The female witnesses left before him; it was well they did so.
That this is the original bill of sale, from one Silenus to Hugh Marston, has been fully established. However painful the issue, nothing remained but to give the case to the jury. All is silent for several minutes. The judge has rarely sat upon a case of this kind.
He sits unnerved, the pen in his hand refusing to write as his thoughts wander into the wondrous vortex of the future of slavery.
But the spell has pa.s.sed; his face shades with pallor as slowly he rises to address the jury. He has but few words to say; they fall like death-knells on the ears of his listeners. Some touching words escape his hesitating lips; but duty, enforced by the iron rod of slave power, demands him to sustain the laws of the land. He sets forth the undisputed evidence contained in the bill of sale, the unmistakeable bond, the singular and very high-handed attempt to conceal it from the honest creditors, and the necessity of jurymen restraining their sympathies for the children while performing a duty to the laws of the land. Having thus made his brief address, he sits down; the sheriff shoulders his tip-staff, and the august twelve, with papers provided, are marched into the jury-room, as the court orders that the case of Dunton v. Higgins be called.