Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-10-01
From the New Orleans Delta,
AN INCIDENT IN MISSISSIPPI
JURISPRUDENCE.


l
relate occurred a few years ago, and ar
given to the press at the suggestion of
gentleman Of New Orleans whose friendship
l highly value, and to whom | narrate,
the same in casual conversation, on tn
Lake fw days ago.
| was attending the Circuit Court 0
the State of Mississippi, held in and fo
the county of -, in the autumn of 1852
when among other pleas of the State, there
was bill Of indictment for arson agan,
Elnborough, slave. The Judge who
presided was gentleman Of large learning
and extended legal experience, and he still
lives to enjoy the rewards of a high pro.
fessional repute at the capital city of Mis-.
sissippi. The accused was a native Afri.
can, and the property ofa gentleman oil
the county in which the bill was found
Tho arson WAS laid in the destruction of a
clubhouse of his master the plea was not
guilty, when the jury was empannelled
and the cause proceeded to trial The pro-
secution was conducted by the st tes At
torney, while the defence was under the
management of one of the most thoroughly
read lawyers Of our State, assisted by his
son, Young lawyer then in opening pro.
mise Of a brilliant future.
The evidence on the part of the State
disclosed the following facts. That few
days previous to the burning the defendant
had run away upon some insufficient cause !;
that the day before the fire, which occurr-
ed between midnight and daylight, the de-
hp1 l,,,i.
the vicinity of the gin, that an Intellectual
attempt was made to capture him that
the overseer and a portion of the hands
had been engaged at the gin till late
hour the night Of the fire, packing cotton
and ladlng wagons for Grand Gulf; that
when they left for the quarters they left
everything, as they supposed, safe at the
gin; that when the alarm of fire was made
the force pump was carried toIthe gin, and an
attempt was made to subdue the flames
which proved abortive that suspicion
Immediately fel! upon the defendant, from
the fact of his being fugitive, and that
he had been seen in the vicinity the day
previous and that upon that suppositon,
a more vigorous search was instituted, and
after diligent pursuit of about an hour
and half the defendant was discovered in
a cotton house, in an adjacent field about
a mile from the gin; that he was then
whipped, Jut not Tor the purpose of Undue.
ing confession, but as punishment for run.
ming away that after that, while on the
way to the quarters, the defendant volun-
tarily confessed that he burned the gin
that he set it on fire with view of impli-
eating negro on the plantation who had
incurred his animosity
The evidence Of the State closed after
introducing the negro to prove that the
defendant did owe him a grudgc ior some
cause not necessary here to be detailed.
The defence offered no evidence, and the
argument proceeded. The District At
torney opened the prosecution by brief
reference to the facts, and the law applica-
bic to the same. The council for the de-
fendant, eminent for high legal attainment,
presented powerful series Of arguments
and hypotheses, inconsistent with the con-
clusion Of guilt.
The law was given in charge by the
Court, aud the jury rendered verdict of
guilty. \ motion was made to set aside
the verdict and grant new trial, for
variety Of causes, and after laborcd argu-
mcnt. was overrued.
The next day the prisoner and another,
who was convicted of murder, We're placed
at the bar to receive the sentence Of death.
The Court having regularly pronounced
judgement upon the murderar, then said
to Edinborough
Marlborough, stand up! You have been
regularly indicted, tried by jury Of your
own selection, and by them found guilty
Of the crime Of arson, The punishment of
the crime is death. You have had able
counsel, who have conducted your cause
with unmistakable skill and ability; but
if you have anything to say why the judg.
ment Of this court should not be pronounc.
el, the law gives you liberty to speak for
yourself. What have you to say!'
The negro advanced step or tive, so
as to face the stand, and expressed his
thanks to 'Massa Wiley for it appears
he had often seen and heard Of the Judge,
and it was quite natural that he should ad-
dress him. Said he:
'Massa Wiley, Marlborough glad he
got Il chance to speak for heselt, case,
Massa Wiley, Marlborough no burnce the
gin. Dat niger tell you lie when he say
Marlborough bunee the gin, he git he
back whipped, Edinborough old niger,
he git drunk, oyerseer whip him, den
Edinborough do bad ting, he run away
Berry bad but E1inborough no burnee de
gin-he no see dc gin that day. Young
massa and overseer tell truf, dey did see
me dat day, but hide in the swamp till
night, and den 60 to the cotton house and
git under de cotton to keep warm. Edin-
borough wanted to 90 back to he massa
house, but he 'leared-so he stay in de
cotton house. Bimcby, night came on,
Edinborough see niggers 60 to gin, and
want to 90 dar hut he ,leard de overseer
whip him. .Negur pack cotton, ..negur
load wagon, negur smoke pipe and hab
leetle fire to warm he fingers when he
get cold. Negur stay long time, den
when seven stars right ober he head he 90
to de quarter All dis time Marlborough
lay in the cotton house, and presently when
ebery ting still, Marlborough look towards
the gin and see big light. Light get big
ger. Den Marlborough say to heself, you
go put fire out-no den dey say EdInbor-
ough blrnee de gin. So stay in cotton
house, AMI after while Edinborough hear
oberseer and Massa Henry comin. Dey
say "ho here" one say no, den dey say,
let's look in de cotton house. Oberseer
whip me for run away dat night. Den
when we going to de quarter, Marlborough
tnk with hesef dat if he say 'Elinborough
burned de gin,' den the oberseer no whiT
ease den he had good excuse to Massa
So say, Marlborough burnec de gin,
and den dey bring me away and lock NJ
bio house. But. Mass MileY. Elinhur