The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1866-09-25

Ofthc Fifth judicial District Of Mississippi, on
the occasion Of pronoHRciRg sentence on Sam
~. ITWters, for tic NdRslaughter Of Negro.
SAM w. WINTEE-You have been tried for
the alleged murder of the freedman Sam
Winters, and found guilty of manslaughter,
| approve the verdict aud it is my duty to
pronounce the penalty You are to suffer for
your crime. The law entrusts me with very
large discretion to the punishment, and
have found it a difficult task to determine it
in your case, which is the first that has been
tried before me- and-aS far as | know-the
first in the State, III which a white man has
been convicted of the homicide of a negro,
solely on the testimony of negroes. Numer-
GUS and earnest appeals have been made to
me in your behalf, on this very ground but
they can have no weight with me, for my
duty is to execute the law; and it makes ne
.roeS competent witnesses, in such cases,
and in its view, the life OF a negro is as ssl-
cred as that of white person and in both
respects, think the law Is right The latter
is not a new feature in our Jurisprudence,
for when negroes were slaves, the law pro-
tccted their lives in the same manner as it
did the lives of whites; but it is new thing
in our law to allow negroes to testify against
whites in cases when the alleged offence IS
upon the person or property of negro; but
il Is i lust and necessary consequence of their
new condition, without which that protec-
ton which our law provides for them would
be nugatory. The true test of the value of
all testimony is its sutficicncy to convince
the Judgment and satisfy the conscience; and
when it does this, and generates full belief,
- a....a,nnli she's tho nl6aet of the TESTIMONY
and it matters not whether II comes from
white or black where it effects this object -
The idea that it is dangerous to admit the
testimony of negroes against whites, and
that combinations among them to fabricate
false testimony will result in unjust cOnvic-
tons win be diSsipated in the mind of every
sensible man who calmly reflects on the fact
that il is usually difficult to convict of crime
even on the testimony of whites, and that a
jury of white men, with all their knowlcg,
ofnegro character, with all the jealousy 81
castles, and prejudice against this innovation
in the law of evidence, and white Judge
with Il courthouse crowed 10y white specta
tors, with white men as attorneys on both
sides Will not be likely to be deceived and
duped into improper convictions. The dan
ger is that too little value will be attached
to negro testimony and the fact that a jury
of good men, acceptable to Yourself, had al
their prejudiceS removed and all their doubt,
and scruples overcome, and after long ant
anxious deliberation, were unable to doubt
your guilt, though attested by negroes alone
should satisfy you and your friends of tn,
propriety of your conviction on this test
mony.
1t is urged in your behalf, by the accom-
plished District Attorney, who has magnanl
mously interposed plea for mercy 10 you
that vour conviction has demonstrated tn,
power of the law, and has admonished tht
community of the suffciency of negro testi
nuny to convict Il white man in Il pTope
case, and of the sanctity, i'll the eye of th'
law of the life of a negro. and that a yer!
moderate punishment should therefore be in
fictcd on You as the first victim. yiel'
much to the force of this view; for, while IL
the discharge of my duty, | would eXteut
full protection to the negro, and will as readl
" act on the testimony of negroes as Q
whites. where il is competent by the law
am sworn to execute, and where it generate
/ full b.liefin my mind | yet recognize tin
proprietv of making all great changes affect
! ING whole communities, gradually, 50 rs no
/ To shock mems senSlbllltleS by the SuddeneS
1 and violence of the change, lest thereby al
future attempts to execute the law be rem
! dered vain am admouiShed OF the prOprlc
I ty Of this view by IA recurrence to the fac
| that during this trial, / was painfully inn
+ pressed with the conviction that yoursel
! and family and friends, together with TIN
/ public. We're not suitably impressed with tn
/ danger of the situation, and L could accOun
/ for it only by the superstition that 1T was no
/ deemed possible that conviction could be hat
on the testimony Of negroes alone; but
/ happiIv for society, this popular error ha
/ been dispelled by the virtue and manly cou
I are of an honest jury, sworn to make tru
/ response to the evidences according to thei
/ convictions, and feel that great good ha
/ been done by it and ia this view [ feel wal
ranted in showing some leniency to you II
/ this case.
1 lam mercifully inclined towards you, too
I in view Of the grade of your intellect, you
/ training and passionate and lmpulslve IA
tr,r.. to say nothing of your interesting wife
i and innocent, helpless children, for who's
| sake | wish | could feel warranted in dis
charging YOU with the admonition "to q,
/ and sin no more" But my sentence mus
signify the Reproduction the law has for crime
| must guard my Judgment against bein:
carried away by the synpathies of an I'M
pressihle heart. Human life, whether o
/ the white or black, must be guarded agains
the ebulitions of passion; an example mus
| be set society must protected, and the Law
vindicated and although You stand con
victed of killing a negro, you must be pun
! iShed in the same manner as If convicted o
/ killing white man; for the law makes m
! distinction in this respect, and am but al
administrator of the law.
Every principle ef justice and humanity
| every consideration OF honor and manlinesS
alike with motives of policy, combines t
require even-handetl Justice in vndicatiol
outrages of the lawless white man. TIL
courts of the country are solemnly bound t
| protect all alike in the enjoyment of life an,
! liberty, aud this can be done only by n faith
/ full and fearless execution of the law; an,
| deeply panied as am by the call of duty il
| this case, and conscious as | am of the differ
emit views that are entertained by many VIII
are very dear to me, as friends-1 must ODE,
the dictates of my judgement, and secure tn
4 appreciation of my own conscience,
j am convinced, from the evidencein you
case, that YOU killed the negro Sam in tn
heat of violent passion, suddenly excited
and that tue act. though palliated by thi
circumstance, was uniustifiable and unwaI
ranted; and in view of all the circumstance
surrounding the transaction and yourself
and from fun consideration of Justice an
mercy, and public policy, deferriflg to tn
I ul.alimo request of the faithful jury whiel
tried you, and has asked me to deal lenientl
with you, L. do sentence you to eonfinemen
in the county Jail for the period of twelv
months, from the Gate of your conviction
and TO pay the costs OF the prosecution.