The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1901-11-06


his dependence upon the plain meaning
of the article Of the code. He con-
cluded by declaring him an enemy to
the state who would describe an appeal
to the courts Of the land for freedom
as q political menace to the common
wealth.
It was 4 o'clock in the afternoon
when the speeches were concluded.
The judge announced that be would
give his decision at and left the
bench.
Oakfell, Father Grhe, Baldouino and
Jewett induced their friends to remain
il and about the court, while the high
Ianders FASTENED to the cabarets to
give noisy ovation to their Mirabeau.
The frequent shouts Of Magnificent!
Grand! Gloriousr' which rose from
those places evinced the happiness of
Pratjean's admirers under the insplra-
ton of unlimited absinth anisette.
At the appointed hour all resumed
their places Of vantage, and, while the
tension under which enforced silence
put them was painfully visible, there
was about Pratjean, Quillebert and
their supporters an unmistakable air
Of confidence that the victory was
with them. Pratjean's grand effort
had removed every lingering doubt
from their minds.
First the sheriff came out Of the
Judges retiring room, left the building
and in a moment or two returned. He
tapped the courthouse bell three times
and took position at the right Of the
judges dais, facing the audience.
Judge Tailleur walked slowly to his
seat. He looked inquiringly at the
sheriff and, receiving an assuring bow,
busted himself briefly in placing the
papers in the suit upon the desk before
him. From the benches every head
was stretched forward, scooDed hands
were held behind strained ears, and
suppressed excitement was depicted
upon every face. Even those of stron-
gest nerves and best schooled in self
control could not wholly conceal the
effect OF the situation upon them.
Jewett moved uneasily in his chair.
Baldouino sat with arms folded upon
his mighty chest and by straining them
together and looking at the ceiling
thought to produce an appearance or
caln,ness he did not feel. Rather Grhe
took snuff inordinately, and Oakfell
looked to the floor and for the first
time almost regretted that hc had in
augurated the litigation. PratJean
crossed and recrossed< <his feet and I'M
patiently pressed his finger against the
throbbing lips, and Ouillehects muddy
eyes expressed satisfaction. The still
ness was broken by a girl!sh voice at
some distance cxclaimins. "lr:rlh for
Quillebert-ha, he. ha, Aa!" the merry
laugh, fresh and hearty. disclosing the
personality Of Laure Luncau. This
produced q stir Of relief. and lmmedl-
ately upon it the judge pronounced MS
decision.
He said:
.The prohibition of emancipation In
the state does not apply to the acquisi-
ton Of freedom by prescription. as pro-
vided by article $50 Of the civil code.
This article is not repealed by the stat
ute Of 1857. They are not upon the same
subject matter. The slave after the
prescriptive time must be free, and be
becomes subject to the laws relative to
free persons Of color, for if the master
cannot claim him he is free
"The intention Of the heirs OF Quey-
rouze to allow this plaintiff to enjoy his
liberty is clearly established This IS
sufficient, especially where the contest
is with q mere usurper, with one who
cot possession Of the plaintiff under the
pretense Of affection, Of being his god
father and in order to enable him to
see his mother. One who could thus
act ought not to have the favorable
consideration of a court Of justice in
his attempt to reduce to slavery one
over whom be has no right but that OF
tie strong over the weak. He got pos
session Of him under false pretenses
and should be allowed TO derive no
benefit from a possession obtained by
treachery and from 4 control over the
plaintiff exercised without permission
from his master or heirs.
.In such contest the technical rules
of law ought to be construed with as
much rigidity in favor OF as against
him whose only hope is in the protec-
ton the courts Of the state can afford
him.
81 am therefore Of the opinion that
the judgment must be in favor Of the
freedom Of the plaintiff against the de-
fendant, and it is so ordered, adjudSed
and decreed."
Those nearest Oakfell shook his
hand warmly. Pratjean held a hand
kerchief over his lips, and his eyes
could scarcely be seen. Quillebert all
but foamed at the mouth and glared
viciously, murderously. at his adversa-
ries. During the delivery Of the judS-
ment - CT the sheriff's deputies, whom
every one knew to be heavily armed,
though their weapons were not expos
ed, took positions in the crowded aisle.
When the last words-of the decree fell
from the judges lips 800 men, mad
dened with excitement. leaped to their
feet.
The judge arose and in voice which
arrested the movements Of all said:
"Nly friends, am not unaware of the
extraordinary feeling that has been en-
gendered by this suit. But there must
be no violent manifestation. All must
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