The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1915-05-07
An Injustice
Righted
By OSCAR COX

region the only way to dispense JUS
tice has at times been for the negroes
themselves TO organize a court and try
| some case Of such importance as SEEM
! ed to demand attention. AS for small
breaches of the law. such as stealing
| chickens, watermelons md the like.
the individuals dispossessed were ex-
pected to attend to the matter them
selves.
One day Il gentleman from Vicks-
burg, who was travelling through this
region, had occasion to speak with a
certain colored man and was told that
he was sitting in a woodshed con-
! Quoting a murder trial. Going to the
humble courtroom. the visitor looked
in and saw the court in session. TAX
| ing a back seat. he observed the pro-
ceedings.
Caesar Henderson. black as coal.
was on trial for the murder of Te-
cumseh Rodman. Il rival for the affec-
lions of Dinah Ochiltree. The rivals
had visited Dinah during the evening
| before the murder and had left to-
gethcr. They were heard q%uarreling
on the road. The next morning. Te-
cu1nseh was missing. Since he did
not turn up for some days Caesar was
accused of his murder. and. there be-
ing no regular court within many
| miles. he was tried by his peers in the
woodshed. Dinal. the object Of con-
tention. was being questioned by the
J Judge. who also acted as counsel for
the state and the defense. He was
also the twelve jurymen.
"Dinah," he said severely. "wha' TO-
yo' hab two lubbers hangin' roun' yo',
persuadin' 'em to fight TO- yo'? Don
yo' know dat wo'se'n murder?"
II couldn't help dey fghtin' TO- me-"
replied Dinah. with a toss of her head.
"Wha' time did dey leab yo' dat
! night when Caesar killed Tecumseh?"
Il didn't kill Tecumseh." protested
Caesar.
"Shet up" cried the Judge. glaring
! ut the prisoner from under a pair of
heavy gray eyebrows, "or l fine yo' TO
contempt OBJ cou't."
The question having been repeated.
the witness said that she reckoned the
two men left her between ".leben
o'clock and some time in de mawnin."
She reckoned it was near the latter.
"How do yo' know dat?" asked the
judge.
"Kase l heard Zeb Parker, dat lib
mex doc to me, comm home from
chicken huntin'."
,"How yo' know Zeb been chicken
h~untin'?"
"Kase l hearn de squawkin' Of de
chickens he was bringin' home"
Did yo' e Zeb?"
mo, sab; l didn' see Zeb. De dark
and Zeb war of de same blackness." :
81 thought yo'' said 1t war mawnin'?'
$50 1 did. Zeb nebber goes chick
en- huntin' 'cept just befo' daybreak."
The witness was excused. and Lem
Barker was called to the stand.
Lem" said the judge. looking at the
rafters. tell de cou't how 70 know
! Caesar killed Tecumseh."
"Kase l hearn 'em fghtin'."
(which war lickin' de udder"
"How l know dat? l couldn' see 'em
aghtin' in de dark" :
Don yo' know no mo- bout de
fght?" .
"Co'sc l dom know nothin' at all
: bout de fight"
Another witness testified that he
lived next door to Tecqmseh and that
the latter hud been missing since de
dark OBJ de moon and that Tecumseh's
dog was a-!wbinin' all de time kase
he marster didn' come home no mo-"
Then Dinah was recalled and testified
that the call on her by the rivals was
made during de dark OBJ de moon"
This completed the evidence. The
Judge called upon the prisoner to stand
up aud. being obeyed, proceeded to
convict and sentence him at the same
time. He was to be taken out to de
ole tree wild de low branch convenient
TO hangin' pussons" and hanged BY
the neck until he was ''dafd."
The sentence reused Dinah's Ire.
VIVA TO 20 gwine hang Caesar.
judge?' she shouted. "Dah amt no
sinse in dat. At de dark OBJ de moon !
hab two lubbers to choose from. One
killed de udder. and nov 70 gWtne to
hang de one lief. Whar do / come int"
At the statement Of this obvious In
Justice the Judge scratched his wool.
"I's might sorry bout dat. Dinah.
But It's too late now. ! done sentence
de prisoner"
There was a babel Of tongues. some
insisting that. a sentence having been
pronounced. there was no going back
on it. Others claimed that 1t was
mighty hard on Dinah. The hubbub
was quieted by the gentleman observer.
who stepped to the front and said:
"Your honor. 1 am IN attorney In
vicksburg. and II you will listen to
me I think l can tell you how the pris-
oner can be legally saved from the
gallows."
Every eye was turned to the white
man. who continued al follows:
I'VE derive our. laws from England:
An English king. Edward H.. issued
an edict that when q man wal sem
fenced to be hanged for any crime. II
a woman ronld she found to marry him.