Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1858-09-28
SCELL A N Y .


The IMPORTANCE OF HEARING THE ACCUSED Be
FORE MAKING JUDGMENT FINAL.
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 frienship highly value, and to
whom / narrated the esamein casual conversation
on the Lake few days ago. VI a.
was attending the Circuit Court oftheState
of Mississippi, held in and Tor the county Of,
in the autumn of 1852, when, amorg other pleas
for the State, there was bill of indictment for
arson against Marlborough, slave. The Judge
who presided was gentleman of large learning
and extended legal experience, and he still lives
to enjoy the rewards OF high professional re-
pute at the capital city of Mississippi. The &C.
cused was a native African, and was the proper.
ty of gentleman of the county in which the bill
was found The arson was laid in the destruc-
tion of Clubhouse OF his master; the plea was
not guilty, when jury was empannelled and
the cause proceeded 10 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 brilliant future.
The evidence on the part of the State disclos-
ous to the burning the defendant had run away
upon some insufficient cause, that the day before
the fire, which occurred between midnight
aud daylight, the defendant had been seen lurk-
ing about in the vicinity of the gin, that an IL
effectual attempt was then made to capture
him; that the overseer and q portion OF the
hands had been engaged at the gin till late
hour the night of the fire, packing cotton and
| L. Co. Gro Il MI 1ub fhaC
left for the quarter they left everything, as they
supposed, safe at the gin that when the alarm
of FIRE was made the force was carried to the
gin, and an attempt made to subdue the flames (;
which proved abortive; that suspicion immedi-
atty 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 supposition, more vigorous search was in
stituted, and after diligent pursuit of about an
hour and half the defendant was discovered in
cotton house, 10 an adjacent field, about mile
from the gin; that he was then whipped, but
not for the purpose of inducing confession, but
as punishment for running away; that after
that, and while on the way to the quarter, the
defendant voluntarily confessed that he burned
the gn that he set it on fire with view Of
duplicating negro on the plantation who had
incurred his animosity.
| The evidence for the State closed after intro
ducing the negro to prove that the defendent
did owe him grudge for some cause not neces
tsary here to be detailed. The defence offered
no evidence, and the argument proceeded. The
District Attorney opened the prosecution by q
brief reference to the facts and the law applica-
BILE TO the same. The counsel for the defend
ant eminent for high legal attainment, present
ed powerful series of arguments and hypothe-
ses inconsistent with the conclusion of guilt.
| The law was given ir charge by the Court,
and the jury rendered a verdict OF guilty.
motion was made to set aside the verdict and
grant new trial, for variety OF causes, and,
after labored argument, was overruled.
The 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
s.Edinborough, stand up? You have been
regularly indicted, tried by q jury Of your own
selection, and by them found guilty of the crime
of arson. The punishment for that crime sdeath.
| You have had able counsel, who have conducted
your case with unmstakable skill and ability !;
but if you have anything to say why the judg
ment of this court should not be pronounced, the
law gives you liberty to speak for YOURSELF
What have you to say?"
The negro advanced step or two, so as to
face the stand, and expressed his thanks to MAS.
50 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, Marlborough glad he got a
lchance to speak for heself, case, Massa Wiley,
Marlborough no burnee de gin. Dat niger tell
Iyou lie when he say Edinborongh burnee de gin,
lie git he back whipped. Edinborough! old mig
ger, he git drunk, overseer whip him, den Edin-
borough do bad ting, he run away. Berry bad
but Edinborough no burnee de gin-he see de
gin dat day. Young massa and overseer tell
trut, dey did see Inc dat day, but | hide in de
swamp till night, and den go to de cotton house
and git under de cotton to keep warm. Edinbo-
trough wanted to 60 back to he massa house, but
he 'feard-so he stay in dc cotton house. BY
meby, night came on, Edinborough see niggers
90 to de gin, aid want to go dar, but he feared
de overseer whip him. Negur pack cotton, me-
CUR load wagon, negur smoke pipe and hab leet'
tie fire to warm he fingers when he git cold.-
Negur stay long time, den when seven stars
fright ober he head he go quarter. All dis time
Marlborough lay in de cotton house, and present
Ily when ebery ting still, Marlborough look to-
wards de gin and see big light. Light git big.
lger. Den Marlborough say to heself, you 60 put
fire out-no den dey say Edinborough burnee
de gin. So stay in cotton house, and after
while Marlborough hear oberseer and Massa
Henry comm. Day say, "he here" one say no.
den day say, let's look in de cotton house; ano
SO dey find Marlborough in de cotton house
Oberseer whip me for run away dat night Der
when we going to de quarter, Marlborough tink
with heself dat if he say 'Edinborough burned
the gin,' den de oberseer no whip-case den be
had good excuse to Massa. So | say, .Ednbo
rough burnee de gin, and den dey bring me a.
way and lock up in big house. But, Massa Wi
ley, scarborough tell lie when he say Edinbo
rough burnee de gin, case Marlborough no burnee
de gin. Dat gin ketch fire from dem negur's
pipes and dat leetle fire dey leave dare. But
!, Massa Wiley, Edinborough old negur, let um die
no count. But he no burnee de gin. Edinbo
rough been on the Bayou Pierre long time, bu
no count now for make cotton; let um die
but he no burnee de gin," DC.
The defendant continued after that manner il
his broken lingo for an hour and half ant
seemed particularly anxious to convince the court
of the truth of what he said. He did not seem
to hope for anything, and seemed perfectly un'
concerned as to the event. His style was un
lcouth. his gesticuation impassioDed and wild
and bis whole appearance forbidding. He took
his seat without seeming conscious of the fact
that the numerous auditory had been interested
and that great majority of them were convin'
ced, if not of his innocence, at least that there
; was reasonable doubt of his guilt. The Court
seemed much affected, and asked the District
Attorney if he had anything to say in reply
The Attorney, with much surprise, said mo
that he deemed it unnecessary, that it was, he
; supposed, mere formula to give the defendant
opportunity to speak"
Then, said the Court, he has improved thai
opportunity. After pause he said to the pris
anar .sEainhnrnnnh vnu lave shaken rreatlS