Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1872-12-12

hands were tied to a ring in the post
then the cat, whip composed of several
hard lashes, applied with such force that
great, bloody ridges of quivering, LAGER.
ated flesh followed every blow. Mr..
Seward insisted and proved by abund
ant medical authority that such blows
struck across and upon the spinal col
un,n affected the brain. often producing
insanity. His address to the jury was
one of his strongest and most powerful
forensic efforts, remarkable alike for
practical wisdom and learning. 1t COM
pared favorably with Erskine's adroit
ness, rhetoric and e!oquence in his cele-
brated defense of Hatfield under SIM
liar plea. "Gentlemen of the jury
said Mr.. Seward, "the assertion of one
of nv associate counsel, that the prison
whip has driven Henry Wyatt to insani-
ty, produced sheer from the learned
and abe counsel for the people; and
yet have shown you how barbarously
and how frequently the poor convict
was subjected to the lash. have shown
you by the most indubitable evidence
authority that this punishment tends
directly to insanity, and in this case ac-
tually produced it. Reference has fire.
quently been made during this trial to
the case of Benjamin Lett. Let me
allude to him again. It was on one of
my official visits to Auburn that I nrst saw
that man, whose intrepidity, cool and
determined courage would, under other
circumstances, have made him daring
and successful military leader, whose
sagacity, skill, physical endurance and
strength, would have rendered him
powerful alike in the campaign, the
seige, and on the battlefield. l marked
his dark, deep eye and heavy brow. 1t
was felon's brow, it is true; but be-
meath it thought seemed to sleep as
sleeps a storm. Endurance, determine
ton, and intelligence had set on it their
signet. Before me stood the man who,
to avenge an insult received from the
English nation, by one intrepid act
blasted, as with the lightning's stroke,
that beautiful obelisk reared in COM
memoration of British valor, Brooks
monument. AS | looked on this man |
said: Surely there is one whose power
full frame, iron constitution, and intel
lectual strength can withstand the tor.
ture of the lash, and smile ct the prison
whipping left him, and after the
lapse of six months, obedient to nv
duty, again visited Auburn prison
again locked on Benjamin Lett. Alas,
how changed As the tabled Niobe
was changed to stone by the avenging
deities, so this once powerful man was
changed to something worse than stone
to human form blasted and almost
Invested of intellect. The eagle eye
was changed-its daring glance, keen
speculation and lofty intelligence gone
all changed into stupid imbecility
and detection, marking the incipient
stages Of dementia. Nothing but the
wreck of Benjamin Lett was before me,
and then | said: This is the work of
the lash, and here is the result of the
present prison punishment Punish
ment did [ call it? Let me rather say
prison torture, better adapted to the
dark scenes OF the inquisition than to
this enlightened, philanthropic age;
and the fate of Lett has been the fate
of hundreds, nay thousands. Is this
the object of prison discipline? Is it
the policy of the State to drive mel to
lunacy, idiocy, or dementia, by cruel
1t was during this trial that Mr.. Sew
ard, in order to prove the manner of
using the cat, and its effect upon the
convicts, applied to the court for writ
of subpoena duces tecum, commanding the
keeper of the prison to appear before
the court with the record which the law
compelled him to keep, showing what
conyicts had been whipped, at what
time, how many lashes, and their effect
upon the prisoner. The motion for this
writ was strenuously and strongly op
posed by the counsel for the people;
but Seward gained his point, the writ
was granted and placed in the hands of
the Sheriff. 1t was reluctantly and sui
lenly obeyed by the Prison Warden,
who appeared in court, took the wit
ness stand, with the book lying on the
table before him. care you the Warden
of the Auburn prison ?'' asked Mr.
Seward. 81 am, sir" ais there a
record kept of the convicts who undergo
the punishment of fogging in the
prison?" There is, SIR" Where is
that record ?" "There is the book sir"
said the Warden, pointing to 8 large
book that lay before him.
Mr.. Seward stepped forward to take
it up, but while in the act the warden
sprang up and snatched the book
away, exclaiming, "That book is not
designed for your inspection, sir There
is no law that entities you to examine
it, and you shall not!" The counsel for
the people arose and attempted to sus-
tain the warden, but Seward drew him
self up, until, to use the language of
lawyer who was present, he appeared
like giant, and, calmly waving his
hand to his opponent, said, "One mo-
ment, sir; have the right, and not you,
to speak now. The commands of
court of justice in this country cannot
be trifed with. Your honor, in the
name of justice and of humanity, and
in conformity of the statute and the
rules of law, L ask that this man be COM
PEELED, now, to give into my hands that
record, for the keeping of which he is
now guilty of contempt against your
honor. Shall have them, sir 2" He
remained standing, with his eyes fixed
on the Judge, while profound silence
reigned in the courtroom. Witness"
said the Tudro Hyo,, will ;,,,,,od;ot oj,,