The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-08


was chosen, the meeting called to order and
opened with prayer, and the old woman was
then invited to speak. She rose, but had
hardly commenced before the Democratic
justice of the peace, with a constable and
two lawyers by his side, entered the room,
and in loud tones ordering the peo-
pie to give way, approached the speakers
stand. The constable then drew out
warrant from his pocket and said he had ar
rested Sojourner Truth, and that she must
go at once with him. The other constable
Immediately arose, and, producing his war
rant declared that she was already under ar
rest and in his custody, and she could not be
taken away. The Democratic justice then
said to his constable: do your duty. Sum-
mons the posse comitatus and take her into
custody"
The chairman of the meeting appealed to
the sheriff, who said she was already under
arrest. and that he commanded peace, and
ordered the rangers to present arms. They
obeyed orders with such promptness that the
discounted justice, with his constable and
legal advisers, shrank back, and, muttering
threats, left the house. Sojourner then spoke
few minutes and sat down. The object had
been accomplished and after few short adj
dresses by leading citizens in sym pathy wi n
the meeting, it adjourned. and Sojourner in
custody of the friendly constable, departed.
The next morning she was brought to trial
proven that she was partly Indian blood,
the old justice in a learned decision held
that penal statutes must be strictly con-
strued, and, as only negroes and mulattoes
were prohibited from coming into the State,
and as a negro was person of purely Afri-
can blood and and a mulatto was half white
and half negro and the prisoner was neither,
she did not come within the statute, and ac-
Quilted her.
In few hours the other constable appeared,
and, arresting her, brought her for trial be-
fore his Democratic friend who had issued
the warrant The prosecuting. attorney of
the Circuit Court, young lawyer. appeared
in her defense. Objection was made that he
had no right to appear against the State, but
it appearing that the Circuit Court had then
no Jurisdiction of such misdemeanors and
that there was prosecutor of the Common
Pleas Court whose duty it was to prosecute
for the State in such cases, and as it was
feared that, if the circuit prosecutor was ex-
Guided, some more experienced lawyer
might be employed, it was concluded to let
him act, He Immediately presented the aft
davit of Sojourner charging the magistrate
with bias and prejudice, and moved
for change of venue. The attorneys for the
State opposed it, and took the ground that
a negro had no legal rights; that, in fact, in
the eye of the law she was not human be-
ing, and could not make an affidavit for any
proposition, and the justice after scratching
his head and bordering upon the subject, an
nounced that he had grave doubts Of the ca
pacity of the prisoner to make an affidavit
but he had concluded to grant the motion
The next matter of concern was where to
send the case, as there was no other justice
in the town, and no Democratic j. P in the
adjoining towns. He finally sent it to the
neighboring Democratic township, where, al
though the Justice was Republican, the con-
stable was a Democrat. and it was expected a
Democratic jury would be summoned to try
the prisoner. Bail was given, and time
fixed for the trial.
But, not content with this, two citizens,
who had ridden to town in the carriage with
Soiourner, were arrested for unlawfuly
bringing negress within the State; but. de-
manding an immediate trial, they were &C.
quilted through failure of proof
AT the appointed time a crowd of citizens
went to the neghboring town to witness the
trial of Sojourner as the case had got to be
interesting She was arraigned and then
her attorneys produced certified COPY of
her former trial and acquttal before the
other justice, and moved for her DISCHARGE
The State demanded a jury and a trial, but
the justice, after inspecting the record, said
it was sufficient, and discharged the prison.
err. If his law was wrong, he certainly de-
cided on the side of mercy. Three rousins
cheers greeted the decision and old Soiourn-
er was taken back to town, and remained
there for some time without further molesta-
ton. She often would talk about it and
say: Laws, Dress your soul, honey! they
couldn't hurt my soul, and Use ready to go
to prison or to die when the good Lord calls
me. l wasn't one bit scarf"
This sketch is already too long, but one
other incident is mentioned as a comical de-
movement of the affnir The office of the
young attorney who had assisted in the de-
Tense was on the ground floor fronting on
the public square, and the next Sunday
morning after the acquittal, as people were
going to church, they saw on the office
door picture of negro wench,
with her arms extended, and
these words painted as issuing
out of her mouth. Come to me, my dear
-" naming the attorney. 1t proved an
excellent advertisement to him for business
The war soon broke ont. and this bit of
civil commotion was forgotten in the great
struggle for the nations life but in justice
to the memory of some of the participants,
it must be stated that some of those who
were so eager at that time to hunt down and
prosecute the poor old slave woman, after
wards enlisted and did noble service in the
cause of freedom and laid down their lives
in defense of the same principles which they
had attempted to trample under foot in their
relentless persecution of old Sojourner
Truth.
Fort WAYNE Ind.
THE NEWSPAPER REPORTER.