Ben Davis listened to this testimony with half-open mouth and staring eyes. Now and then he would lean forward and speak perhaps a word, when his attorney would shake a warning finger at him, and he would fall back helplessly, as if abandoning himself to fate; but for a moment only, when he would resume his puzzled look.
The arguments followed. The prosecuting attorney briefly summed up the evidence, and characterized it as almost a mathematical proof of the prisoner"s guilt. He reserved his eloquence for the closing argument.
The defendant"s attorney had a headache, and secretly believed his client guilty. His address sounded more like an appeal for mercy than a demand for justice. Then the State"s attorney delivered the maiden argument of his office, the speech that made his reputation as an orator, and opened up to him a successful political career.
The judge"s charge to the jury was a plain, simple statement of the law as applied to circ.u.mstantial evidence, and the mere statement of the law foreshadowed the verdict.
The eyes of the prisoner were glued to the jury-box, and he looked more and more like a hunted animal. In the rear of the crowd of blacks who filled the back part of the room, partly concealed by the projecting angle of the fireplace, stood Tom, the blacksmith"s a.s.sistant. If the face is the mirror of the soul, then this man"s soul, taken off its guard in this moment of excitement, was full of l.u.s.t and envy and all evil pa.s.sions.
The jury filed out of their box, and into the jury room behind the judge"s stand. There was a moment of relaxation in the court room. The lawyers fell into conversation across the table. The judge beckoned to Colonel Thornton, who stepped forward, and they conversed together a few moments. The prisoner was all eyes and ears in this moment of waiting, and from an involuntary gesture on the part of the judge he divined that they were speaking of him. It is a pity he could not hear what was said.
"How do you feel about the case, Colonel?" asked the judge.
"Let him off easy," replied Colonel Thornton. "He "s the best blacksmith in the county."
The business of the court seemed to have halted by tacit consent, in antic.i.p.ation of a quick verdict. The suspense did not last long.
Scarcely ten minutes had elapsed when there was a rap on the door, the officer opened it, and the jury came out.
The prisoner, his soul in his eyes, sought their faces, but met no rea.s.suring glance; they were all looking away from him.
"Gentlemen of the jury, have you agreed upon a verdict?"
"We have," responded the foreman. The clerk of the court stepped forward and took the fateful slip from the foreman"s hand.
The clerk read the verdict: "We, the jury impaneled and sworn to try the issues in this cause, do find the prisoner guilty as charged in the indictment."
There was a moment of breathless silence. Then a wild burst of grief from the prisoner"s wife, to which his two children, not understanding it all, but vaguely conscious of some calamity, added their voices in two long, discordant wails, which would have been ludicrous had they not been heartrending.
The face of the young man in the back of the room expressed relief and badly concealed satisfaction. The prisoner fell back upon the seat from which he had half risen in his anxiety, and his dark face a.s.sumed an ashen hue. What he thought could only be surmised. Perhaps, knowing his innocence, he had not believed conviction possible; perhaps, conscious of guilt, he dreaded the punishment, the extent of which was optional with the judge, within very wide limits. Only one other person present knew whether or not he was guilty, and that other had slunk furtively from the court room.
Some of the spectators wondered why there should be so much ado about convicting a negro of stealing a buggy-whip. They had forgotten their own interest of the moment before. They did not realize out of what trifles grow the tragedies of life.
It was four o"clock in the afternoon, the hour for adjournment, when the verdict was returned. The judge nodded to the bailiff.
"Oyez, oyez! this court is now adjourned until ten o"clock to-morrow morning," cried the bailiff in a singsong voice. The judge left the bench, the jury filed out of the box, and a buzz of conversation filled the court room.
"Brace up, Ben, brace up, my boy," said the defendant"s lawyer, half apologetically. "I did what I could for you, but you can never tell what a jury will do. You won"t be sentenced till to-morrow morning. In the meantime I "ll speak to the judge and try to get him to be easy with you. He may let you off with a light fine."
The negro pulled himself together, and by an effort listened.
"Thanky, Majah," was all he said. He seemed to be thinking of something far away.
He barely spoke to his wife when she frantically threw herself on him, and clung to his neck, as he pa.s.sed through the side room on his way to jail. He kissed his children mechanically, and did not reply to the soothing remarks made by the jailer.
III
There was a good deal of excitement in town the next morning. Two white men stood by the post office talking.
"Did yer hear the news?"
"No, what wuz it?"
"Ben Davis tried ter break jail las" night."
"You don"t say so! What a fool! He ain"t be"n sentenced yit."
"Well, now," said the other, "I "ve knowed Ben a long time, an" he wuz a right good n.i.g.g.e.r. I kinder found it hard ter b"lieve he did steal that whip. But what "s a man"s feelin"s ag"in" the proof?"
They spoke on awhile, using the past tense as if they were speaking of a dead man.
"Ef I know Jedge Hart, Ben "ll wish he had slep" las" night, "stidder tryin" ter break out"n jail."
At ten o"clock the prisoner was brought into court. He walked with shambling gait, bent at the shoulders, hopelessly, with downcast eyes, and took his seat with several other prisoners who had been brought in for sentence. His wife, accompanied by the children, waited behind him, and a number of his friends were gathered in the court room.
The first prisoner sentenced was a young white man, convicted several days before of manslaughter. The deed was done in the heat of pa.s.sion, under circ.u.mstances of great provocation, during a quarrel about a woman. The prisoner was admonished of the sanct.i.ty of human life, and sentenced to one year in the penitentiary.
The next case was that of a young clerk, eighteen or nineteen years of age, who had committed a forgery in order to procure the means to buy lottery tickets. He was well connected, and the case would not have been prosecuted if the judge had not refused to allow it to be nolled, and, once brought to trial, a conviction could not have been avoided.
"You are a young man," said the judge gravely, yet not unkindly, "and your life is yet before you. I regret that you should have been led into evil courses by the l.u.s.t for speculation, so dangerous in its tendencies, so fruitful of crime and misery. I am led to believe that you are sincerely penitent, and that, after such punishment as the law cannot remit without bringing itself into contempt, you will see the error of your ways and follow the strict path of rect.i.tude. Your fault has entailed distress not only upon yourself, but upon your relatives, people of good name and good family, who suffer as keenly from your disgrace as you yourself. Partly out of consideration for their feelings, and partly because I feel that, under the circ.u.mstances, the law will be satisfied by the penalty I shall inflict, I sentence you to imprisonment in the county jail for six months, and a fine of one hundred dollars and the costs of this action."
"The jedge talks well, don"t he?" whispered one spectator to another.
"Yes, and kinder likes ter hear hisse"f talk," answered the other.
"Ben Davis, stand up," ordered the judge.
He might have said "Ben Davis, wake up," for the jailer had to touch the prisoner on the shoulder to rouse him from his stupor. He stood up, and something of the hunted look came again into his eyes, which shifted under the stern glance of the judge.
"Ben Davis, you have been convicted of larceny, after a fair trial before twelve good men of this county. Under the testimony, there can be no doubt of your guilt. The case is an aggravated one. You are not an ignorant, shiftless fellow, but a man of more than ordinary intelligence among your people, and one who ought to know better. You have not even the poor excuse of having stolen to satisfy hunger or a physical appet.i.te. Your conduct is wholly without excuse, and I can only regard your crime as the result of a tendency to offenses of this nature, a tendency which is only too common among your people; a tendency which is a menace to civilization, a menace to society itself, for society rests upon the sacred right of property. Your opinions, too, have been given a wrong turn; you have been heard to utter sentiments which, if disseminated among an ignorant people, would breed discontent, and give rise to strained relations between them and their best friends, their old masters, who understand their real nature and their real needs, and to whose justice and enlightened guidance they can safely trust. Have you anything to say why sentence should not be pa.s.sed upon you?"
"Nothin", suh, cep"n dat I did n" take de whip."
"The law, largely, I think, in view of the peculiar circ.u.mstances of your unfortunate race, has vested a large discretion in courts as to the extent of the punishment for offenses of this kind. Taking your case as a whole, I am convinced that it is one which, for the sake of the example, deserves a severe punishment. Nevertheless, I do not feel disposed to give you the full extent of the law, which would be twenty years in the penitentiary,[1] but, considering the fact that you have a family, and have heretofore borne a good reputation in the community, I will impose upon you the light sentence of imprisonment for five years in the penitentiary at hard labor. And I hope that this will be a warning to you and others who may be similarly disposed, and that after your sentence has expired you may lead the life of a law-abiding citizen."
[Footnote 1: There are no degrees of larceny in North Carolina, and the penalty for any offense lies in the discretion of the judge, to the limit of twenty years.]
"O Ben! O my husband! O G.o.d!" moaned the poor wife, and tried to press forward to her husband"s side.
"Keep back, Nancy, keep back," said the jailer. "You can see him in jail."
Several people were looking at Ben"s face. There was one flash of despair, and then nothing but a stony blank, behind which he masked his real feelings, whatever they were.
Human character is a compound of tendencies inherited and habits acquired. In the anxiety, the fear of disgrace, spoke the nineteenth century civilization with which Ben Davis had been more or less closely in touch during twenty years of slavery and fifteen years of freedom. In the stolidity with which he received this sentence for a crime which he had not committed, spoke who knows what trait of inherited savagery? For stoicism is a savage virtue.