The case of the State of North Carolina vs. Ben Davis was called. The accused was led into court, and took his seat in the prisoner's dock.
"Prisoner at the bar, stand up."
The prisoner, pale and anxious, stood up. The clerk read the indictment, in which it was charged that the defendant by force and arms had entered the barn of one G.W. Thornton, and feloniously taken therefrom one whip, of the value of fifteen dollars.
"Are you guilty or not guilty?" asked the judge.
"Not guilty, yo' Honah; not guilty, Jedge. I never tuck de whip."
The State's attorney opened the case. He was young and zealous. Recently elected to the office, this was his first batch of cases, and he was anxious to make as good a record as possible. He had no doubt of the prisoner's guilt. There had been a great deal of petty thieving in the county, and several gentlemen had suggested to him the necessity for greater severity in punishing it. The jury were all white men. The prosecuting attorney stated the case.
"We expect to show, gentlemen of the jury, the facts set out in the indictment,—not altogether by direct proof, but by a chain of circumstantial evidence which is stronger even than the testimony of eyewitnesses. Men might lie, but circumstances cannot. We expect to show that the defendant is a man of dangerous character, a surly, impudent fellow; a man whose views of property are prejudicial to the welfare of society, and who has been heard to assert that half the property which is owned in this county has been stolen, and that, if justice were done, the white people ought to divide up the land with the negroes; in other words, a negro nihilist, a communist, a secret devotee of Tom Paine and Voltaire, a pupil of the anarchist propaganda, which, if not checked by the stern hand of the law, will fasten its insidious fangs on our social system, and drag it down to ruin."
"We object, may it please your Honor," said the defendant's attorney.
"The prosecutor should defer his argument until the testimony is in."
"Confine yourself to the facts, Major," said the court mildly.
The prisoner sat with half-open mouth, overwhelmed by this flood of eloquence. He had never heard of Tom Paine or Voltaire. He had no conception of what a nihilist or an anarchist might be, and could not have told the difference between a propaganda and a potato.