Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-09-11
An INCIDENT IN MISSISSIPPI JURIs.
PRUDENCE.
The Importance Of hearing the Accused be
fore making Judgment final.

An INCIDENT IN MISSISSIPPI JURIS-
PRUDENCE.
The Importance of hearing the Accused be.
fore making Judgment final.
From the N. o. Delta -...--
The circumstances which am about TO relate
occurred few years ago, and are given to the
press at the suggestion Of gentleman of New
Orleans, whose friendship highly value, and
to whom 1 narrated the same in casual eonyer-
sation on the lake q few days ago.
lwas attending the Circuit Court of the State
OF Mississippi, held in and for the county of
-, in the autumn of 1855, when among other
pleas for the State, there was bill of indict-
ment for arson against Edinborough, q slave.
The Judge who presided was a gentleman of
large learning and extended legal experience,
and he still lives to enjoy the rewards of a high
professional repute at the capital city of Mis-
sissippi. The accused was a native African,
and was the property of a gentleman of the
county in which the bill was found. The arson
was laid in the destruction of a n-house of his
master; the plea was not guilty, when a Jury
was empsnnelled and the cause proceeded to
trial. The prosecution was conducted by the
district attorney, 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 the opening promise of a
brilliant future.
The evidence on the part Of the State dis
closed the following facts: That n few days pre-
YlOus to the burning, the defendant had run
away upon insufficient cause; that the day be-
fore the FIRE, which occurred between midnight
and daylight, the defendant was seen lurking in
the vicinity Of the gin; that an Intellectual at
tempt was then made to capture him; that the
oyerseer and portion Of the hands had been
engaged at the gin till 3 late hour the night of
the hre, packing cotton and loading wagons for
Grand Gulf; that when they left for the quar-
Ter they left everything, as they supposed, safe
"a w han thS oil IL a..
force was carried to the gin, and an attempt
made to subdue the flames. which proved abOr-
tive; that suspicion Immediately fell upon the
defendant, from the fact of his being fugitive,
and that he had been seen in the vicinity the
day previous; that, upon that supposition,
more vigorous search was instituted, and after
dlligent pursuit Of about an hour and a half
the defendant was discovered in a cotton house
IN an adjacent field, about a mile from the gin;
that be was then whipped, but not for the pur-
pose Of inducing confession, but as a punish
ment for running away; that after that, and
while on the way to the quarter, the defendant
lnvoluntarily confessed that he burned the gin:
that he set it on FIRE with view of duplicating
a negro on the plantation who had incurred his
animosity
The evidence for the State closed after intro
dueing the negro to prove that the defendant
did owe him grudge for some cause not neces-
sary here to be detailed. The defence offered
The District Attorney opened the prosecution
by brief reference to the facts and the law
applicable TO the same. The counsel for the
defendant, eminent for high legal attainment
presented powerful series Of arguments and
hypothesss inconsistent with the conclusion of
guilt.
The law was given in charge by the Court
and the jury rendered a verdict Of guilty. A
motion was made to set aside the verdict and
grant new trial, for a variety of causes and
after labOred argument, was overruled
Ihe next day the prisoner and another, who
was convicted of murder, were placed at the
bar to receive the sentence of death.
The Court, having regularly pronounced
Judgment upon the murderer, then said to Edin-
borough:
Edinborough, 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 for that
crime Is death. You have had able counsel
who have conducted your cause with unmis.
taxable skill and ability; but if you have any
thing TO say why the judgment of this court
should not be pronounced, the law gives you
liberty to speak for yourself. What have you
to say2'
The negro advanced step or two, so as to
lace 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 so address him. Said
he: "Massa Wiley, Edinborough glad he got
chance to speak for heself case Msssa Wiley,
Edinborough no burnee de gin. Dat niger
tell you lie when he say Edinborough buI6ee
de gin; he git he back whipped Edinboroughi
old nigger, he git drunk, oyerseer whip him,
den Edineorough do bad ting, be run away
Berry bad but Marlborough no burnee de cir:
he see no gin dat day. Young massa and over.
seer tell truf, dey did see me dat day, but hide
IN de swamp till night, and den go TO the cotton
m and H. IL.
marlborough wanted to 20 back to he massa
house, buthe 'feared--he stay in de cotton house
Bymeby, night come on, ElinbOrough see mig
gers 60 To gin, and want to 90 dar. but be
feared de oyerseer whip him. Negur pack
cotton, negur load wagon, negur smoke pipe
anu hsb ieetle fire 10 warm he fingers when he
get cold. Negur stay long time den when
seven stars right over he head he go to quarter.
All dis time Marlborough lay in de cotton
house, and presently when ebery ting still,
Marlborough look towards de gin and see big
light Light get bigger. Den Marlborough
say to heself, you 20 put fire out-no den dey
say Marlborough burnee de gin. So 1 stay In
cotton house, and after while Edinborough
hear oberseer and Mass Henry coming Dew
say " he here; one say no, den dey say, let .
look In do cotton house, aud dey end me in de
cotton house. Oberseer whip me for run away
DAT night. Den when We going to de quarter,
Edinborough tink with heself dat If he saw
LAEoOIOuSn ournee de gin, den do Oberseer
do whip-czse den he had good excu.e To
Aasss SO say, Edinborough burnse de
gin and den dey bring me away and lock up
IN big house. But, Mass Wiley, Edinborouph
tell lie when he say EdinbOrough burnee de
gin, case E,iinborOugh no burnee de gin Dat
gin keteh fire from dem negur's pipes, and dat
Ieetle FIRE dey leave dare. But, Mass Wiley,
EdinbOrOugh old negur; let up die no count
But he no burnee de gin. Edinborough been
on the Bayou Pierre long time; but no count
now for make cotton let um die but he no
burnee de gin" &C.
The defendant continued after that manner
In his broken lingo for an hour and half, and
seemed particularly anxious to convince the
court OF the truth Of what he said. He did not
seem to hope for anything, and seemed per-
fecty uneoncerned as to the event. His style
was uncouth, his gesticulation i'm passioned and
wiid, and his whole appearance forbidding.
he look ms seat without seeming conscious
OF the fact that the numerous auditory had
been interested, and that great majority of
them were convinced, if not of his Innocence
at least that there WAS reasonable doubt of his
guilt. The Court seemed much Affected al