Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-01-01
A Negro's Eloquence.
A TRUE STORY OF c1RcUMsrANT1AL EVIDENCE.

The circumstances which am about to relate trans
pred few years ago. and given to the press at the
suggestion of gentleman of New Orleans whose friend
ship highly value and to whom narrated the same in
casual conversation on the Lake, few days ago.
l was attending the Circuit Court of the State of
Mississippi, held in and for the county of -, in the
autumn OF 1852 when, among other pleas for the State
there was bill of indictment for against Edin
borough slave The Judge who presided was gen.
teman of large learning and extended legal experience
and he still lives to enjoy the rewards of high profess
ional repute at the capital city of Mississippi
The accused native African, and was the proper
ty of gentleman of the county in which the bill was
found The laid in the destruction of the gin
house of his master-the plea was not guilty. when
jury empanneled and the cause proceeded to trial.
The prosecution conducted by the District Attor
ney while the defence under the management of one
Of the most thorougy read lawyers of State assist
ed by his son. young lawyer then in the opening prom
Use of brilliant future. The evidence on the part of
the State disclosed the following facts
That few days previous to the burning, the defen-
dant had run away upon some insufficient cause that
the day before the fire. which occurred between midnight
and daylight the defendant had been seen lurking about
in the vicinity of the gin that Intellectual attempt
was then made to capture him that the overseer and
portion of the hands had been engaged at the gin till
late hour the night of the fire. packing cotton and load
ing wagons for Grand Gulf; that when they left for the
quarter they left every thing, they supposed safe
at the gin; that when the alarm of fire was made the
subdue the flames, which proved abortve; that suspi
cion Immediately fell 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 supposi-
ton, more vigorous search instituted, and after
digent pursuit OF about hour and half the defen-
dant discovered in cotten-house about mile from
the gin in adjacent field That he was then whip
ped but not for the purpose of inducing confession but
punishment for running away. That after that and
while the way to the quarter the defendant had vol
mt hn tbn ho cot
it on fire with the view of duplicating negro on the
plantation who had incurred his anmosity
The evidence for the State closed after introducing
the negro to prove that the defendant did owe him
grudge for some cause rot necessary here to be dc
tailed
The defence offered no evidence and the argument
proceeded. The District Attorney opened the proSecu
tion by brief reference to the facts and the law app
cable to the The counsel for the defendant, em
nent for high legal attainment presented powerful
series of arguments and hypothesis inconsistent with the
conclusion of guilt. The law was given in charge bv
the Court and the jury rendered verdict of guilty.
motion made to set aside the verdict and grant
new trial. for variety of causes and after labored az
gument Overrued.
The next day the prisoner and another who was con-
viced of murder placed at the bar to receive the
sentence of DEATH The Court having regularly pro-
nOuncGd Judgment upon the murderer then said to Ed-
borough:
"Edinborough, stand up. You have been regularly
indicted, tried by jury of your selection and by
them found guilty of the crime of The punish
ment for that crime is death. You have had able cour-
sel who have conducted your cause with unmistakabe
skill and ability; but if you have anything to say why
the judgment Of this court should not be pronounced the
law gives you the liberty to speak for yoursel-what
have you to say?'
The negro advanced step or two so as to face the
stand and expressed his thanks to Massa Wiley for
it appears he had often and heard of the Judge and
10 4I,o@b bo Oh
Said he:
"Massa Wiley, Edinborough glad he got chance to
speak for heself case, Massa Wiley, scarborough no
burnee de gin. Dat niger tell you lie when he say
Marlborough burnee de gin, to get he back whipped
Marlborough old nigger, he get drunk overseer whip
him, den scarborough do bad ting, he away. Ber-
ry bad but Marlborough no burnee de gin-he see de
gin dat day Young massa and overseer tell truf dey
did see dat day, but hide in de swamp till night
and den to de cotton house and git under de cotton
keep warm Marlborough wanted to 90 back to he
massa house, but he 'Saredso he stay in de cotton
house. Bymeby, night come on, Edinborough see MIG
gers 60 to gin, and want to go dar, but he feared d
overseer whip him. Negur pack cotton negur load m,
wagon go to de Grand Gulf negur smoke pipe and hal
leete fire to warm him fingers when he git cold Nrgur
stay long me den when seben stars night Ober he head
he 60 to quarter.
"An dis time Marlborough lay in de cotton house
and presently when ebery ting still, Edinborough
look towards de gin and big light. Light git big
ger. Den EdinbOrough say to he SELF you go put fire
out-no, den dey say scarborough burnee de gin. So l
stay in cotton house. and after while Ednborough hear
oberseer and Massa Henry comm Day say, 'he here
one say no. den dey say let's look in the cotton house
and so dey find scarborough in the cotton house Ober
seer whip me for run away dat night. Den when we
got to de quarter Marlborough tnk wild hese dat if he
say Edinborough burnee de GIN den de oberseer NO
whip-case den he hab good excuse to Massa So
say scarborough burnee de gin and den dey bring me
way and lock up in big house. But Mass Wiley, Edin
borough tell lie when he say marlborough burnee de gin
case Marlborough no burnee de gin. Dat gin ketch fire
from dem negurs pipes and dat eetle fire dey leave dere
But Mass Wiley, Edinborough old negur let um die
no count. But he no burnee de gin Edinborougl
been on the Bayou Berre long time but no count now
for make cotton, let um die but he no burnee de GIN
. etc.
The defendant continued after that manner, in his
broken lingo for hour and half and seemed parc
ularly anxious to convince the Court of the truth 0
what he said. He did not seem to hope for anything
and seemed perfectly uncOncerned to the event Hi
style uncouth, his gestculation mpassioned ant
y Wild and his whole appearance forbdding lie took hi
seat without seeming conscious of the fact that the
merous auditory had been interested and that grea
majority of them convinced if not of his innocence
at least that there reasonable doubt of his guilt
The Court seemed much affected and asked the Distrc
e Attorney if he had anything to say in reply The AT
IS torney with much surprise said No. that he deeme
it unneceSSary-that it was he supposed mere ormU
la to give the defendant opportunity to speak
Then said the Court he las improved that opportr
e nifty After a pause he said to the prisoner
Marlborough, you have shaken greatly my conv
ton of your guilt and not for anything laid in the m
ton for trial. but from your answer at this bs
to-day, will change my ruling upon the motion; | wi
grant you a new trial.
The large crowd breathed easier and freer and man
heart went forth in it's kindest sympathies to NEE
and commune with the charity which dictated sue