Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-10-01
Incident IN Mississippi Jurisprudencs.

Cured 4 lew years ago, anu are given W TUG
press ct the suggestion OF q gentleman OF
New Orleans, whose friendship l highly
value, and to whom l narrated the same 10
casual convers alton on the Lake, q few days
ago.
| was attending the Circuit Court of the
State Of Mississippi, held in and for the
county If -, in the autumn OF 1907,
when, among other pleas for the State, there
was a bill OF Indictment for arson against
Edintorough, a slave. The Judge who pre-,
sided was a gentleman Of large learning and
extended legal experience, ADD be still lives
to enjoy the rewards Of a high profession
al reru'e at the capital city OF MIsslsslf-
ri. The accused Was 40 African, and was
the property of a gentleman OF the county
10 which the bill was tound. The arson
was laid 10 the destruction of a Clubhouse OF
his master; the plea vas not guilty; when a
Jury WIS or pannelled and the cause pro-
ceeded to trial. The prosecution was con-
Quoted by the District Attorney. while the
defence was under the management OF ono
of the most thoroughly read lawyers OF our
State, assisted by his son, a young lawyer
then lie the opening promise OF a brilliant
future.
The evidence on the part OF the State dis
closed the following facts That a few days
previous to the burning, the defendant had
run away upon some insufficient cause, that
the day before the fire, which occurred be-
tween Midnight and daylight, the defendant
had been seen lurking about in the vicinity
OF the gin, that an Intellectual attempt was
then made 20 capture him; that the oVerseer
and u portion Of the hauds had been engaged
AZ the gin till & late hour on the night OF the
fire, packing cotton and loading wagons for
Grand Cult; that when they lett Tor the
quarter they lett everything as they suppo.
sed, safe at the gin; that when the alarm OF
fire was made the force was carried to the
giu, aud all attempt made TO subdue the
Il .mer; which proved abOrtlve; that suSpi-
cion Immediately fell upon the defendant,
from the fact of bis being a fugitive, and
that be had been seen ia the vicinity the day
previous; and that upon that superstition, q
more vigorous search was Instituted, and al
ter a dlllgent pursuit OF atout an hour aud
a bail tho delendaut was discovered IN a cot
ton house, 10 al adjacent field, about q mile
from the gin: that ue Was then whipped, but
not for the purpose Of inducing confession,
tut as a punishment for running away; that
alter that, and While on the way to the quar-
ter, the defendant voluntarily confessed that
he burned tue gin; that he set 1t on lire with
Il view of duplicating "a negro on the planta-
ton who had incurred his animosity.
The evidence for the State closed after 10
PRODUCING the negro to prove that the deien-
dapt di! owe bim a grudge for some cause
not necessary here To be detailed. The de-
fence offered no evidence, and the argument
proceeded. The District Attorney opened
the prosecution by u brief reference 70 the
faces aud the law applicable to the same
The counsel tor toe defendant, eminent tor
high legal attainments, presented a powerful
series OF arguments and hypothesis inconsis-
tent with the conclusion OF guilt.
The law was given 10 charge by the Court,
and the jury rendered a verdict of guilty.
A motion Vas made to set aside the verdict
ana grant IL new trial, for a variety of
causes, eud, after "a labured argument, was
Ovlrruled.
The next day the prisoner and another,
who was convicted Of murder, were placed
at TIE bar to receive the sentence of death.
The Court, having regularly pronounced
judgment upon the murderer, then said to
EdinbOrough:
''Eiinborcugh. stand up! You have been
regularly indicted, tried by a jury Of your
own selection, and by them found guilty Of
the crime Of arson. The punishment for
that crime Is death. You have had able
counsel, who have conducted your case with
unmistakable skill and AGILITY; but if you
have anything u say why the judgment of
this Court should not be pronounced, the
law gives you liberty to speak Tor yourself.
" bat have you to say 7"
The negro advanced u step or two, 80 as
10 face the stand, and expressed bis thanks
to "Massa Wiley" for it appears he had Of
ten seen aud heard Of the Judge, and it wac
quite natural that be should b. address him.
Said he:
"Massa Wiley, ElinbOrouSb glad he got
chance TO speak Tor heselt, case Massa WI
ley. Ed'nborOugh 10 DurDee de gin. Dat
niggcr tell you lie when be say Edinborongh
burnee de gin; be GIT he back whipped
EIinborougb old niger, be gis drunk, over
-eer whip hIm, den Elinborough do bad
tiug. he run away. Berry bad! but Elm
borough $40 turnee de gin--he see de giB dat
day. Gvurg massa and oserseer tell trut,
dey did see me dat day, but | hide 10 dc
swamp TIL night, and deu go to de cotton
house aGd git under dc cotton to keep warm.
Eiinbnrougu wanted to 20 back to be masss
house, but be 'leared--sO he stay 10 dc cot
ton house. b. me-by, night came on, Edln.
borough zee Diggers 60 to do giu, sod waut
10 20 d4r, but be feared do overseer whip
BIN. Negur pack Gotten, negrr load wagon,
negur smoke pipe and hab iCettle fire to
warm he i"gers when be git cold. Negur
~tay long time, deu when seven stars right
uber he head he 70 to quarter. All dis time
Eiinboroush lay in dc cotton house, and
presently when cherry ting still, L iinborough
look towards dc gin and see big Light
Light gt bigger. Den Edinborough say to
hesel', you ~ put hre eut--no den dey say
Eiiuborough burnee dc gin. So | stay in
cotton house, and after while Edinborough
hear oberseer and Massa Henry COMM
Day say, 'he here" one cay no, den day
lay, ieTs look III de cotton house; and 30 dey
find Eiinborough 10 de cotton house. Ober-
seer whip me for run away dat night. Den
when we going to de quarter, EiInhorougb
tink with heself dat If be say Peterborough
turned the giu,' den de oberseer no whip
case den he had good excuse to Massa. So
| say, 'EIinbCrough turnee de giD,' and den
dey bring me away and lock up 10 big
hau-e. But, Ma-sa Wiley, Marlborough tell
lie when he say EdinborOugh buruee de giD,
case Eliuborough no buroee de gin. Dat