Diary in America, Series Two

by Frederick Marryat

“At the time appointed for the session of the Circuit Court, Wilson appeared agreeably to his recognisance; a motion was made by Wilson’s counsel for a change of venue, founded on the affidavits of Wilson and two other men. One stated in his affidavit, that ‘nine-tenths of the people of Pulaski had made up and expressed their opinions, and that therefore it would be unsafe for Wilson to be tried in Pulaski;’ and the other, that, ‘from the repeated occurrence of similar acts within the last four or five years in this country, the people were disposed to act rigidly, and that it would be unsafe for Wilson to be tried in Pulaski.’ The court thereupon removed Wilson to Saline county, and ordered the sheriff to take Wilson into custody, and deliver him over to the sheriff of Saline county.

“The sheriff of Pulaski never confined Wilson one minute, but permitted him to go where he pleased, without a guard or any restraint imposed upon him whatever. On his way to Saline he entertained him freely at his own house, and the next day delivered him over to the sheriff of that county, who conducted the prisoner to the debtors’ room in the jail and gave him the key, so that everybody else had free egress and ingress at all times. Wilson invited everybody to call on him, and he wished to see his friends, and his room was crowded with visitors, who called to drink grog and laugh and talk with him. But this theatre was not sufficiently large for this purpose; he afterwards visited the dram-shops, where he freely treated all that would partake with him, and went fishing and hunting with others at pleasure, and entirely without restraint; he also ate at the same table with the judge while on trial.

“When the court met at Saline, Wilson was put on his trial. Several days were occupied in examining witnesses in the case; after the examination was closed, while Colonel Taylor was engaged in a very able, lucid, and argumentative speech on the part of the prosecution, some man collected a parcel of the rabble, and came within a few yards of the court-house door, and bawled, in a loud voice, ‘Part them! part them!’ Everybody supposed there was an affray, and ran to the door and windows to see, and behold there was nothing more than the man and the rabble he had collected round him for the purpose of annoying Colonel Taylor while speaking. A few minutes afterwards this same person brought a horse near the court-house door, and commenced crying the horse, as though he were for sale, and continued for ten or fifteen minutes to ride before the court-house door, crying the horse in a loud and boisterous tone of voice. The judge sat as a silent listener to the indignity thus offered the court and counsel by this man, without interposing his authority.

“To show the depravity of the times and the people, after the verdict had been delivered by the jury, and the court informed Wilson that he was discharged, there was a rush towards him; some seized him by the hand, some by the arm, and there was great and loud rejoicing and exultation directly in the presence of the court, and Wilson told the sheriff to take the jury to a grocery that he might treat them, and invited every body that chose to go. The house was soon filled to overflowing, and it is much to be regretted that some men who have held a good standing in society followed the crowd to the grocery and partook of Wilson’s treat. The rejoicing was kept up till near supper time; but, to cap the climax, soon after supper was over a majority of the jury, together with many others, went to the room that had been occupied for several days by the friend and relation of the murdered Anthony, and commenced a scene of the most ridiculous dancing (as it is believed) in triumph for Wilson, and as a triumph over the feelings of the relation of the departed Anthony. The scene did not end here. The party retired to a dram-shop, and continued their rejoicings until about half after ten o’clock. They then collected a parcel of horns, trumpets, etcetera, and marched through the streets blowing them till near day, when one of the company rode his horse into the porch adjoining the room which was occupied by the relation of the deceased.

“These are some of the facts that took place during the progress of the trial, and after its close. The whole proceedings have been conducted more like a farce than anything else, and it is a disgrace to the country in which this fatal, this horrible massacre has happened, that there should be in it men so lost to every virtue, of feeling and humanity, to sanction and give countenance to such a bloody deed. Wilson’s hand is now stained with the blood of a worthy and unoffending man. The seal of disapprobation must for ever rest upon him in the estimation of the honest, well-meaning portion of the community. Humanity shudders at the bloody deed, and ages cannot wipe away the stain which he has brought upon his country. Arkansas, therefore, the mock of the other States on account of the frequent murders and assassinations which have marked her character, has now to be branded with the stain of this horrible, this murderous deed, rendered still more odious from the circumstance that a jury of twelve men should have rendered a verdict of acquittal contrary to law and evidence.”

To quote the numerous instances of violation of all law and justice in these new States would require volumes. I will, however, support my evidence with that of Miss Martineau, who, speaking of the State of Alabama, says—“It is certainly the place to become rich in, but the state of society is fearful. One of my hosts, a man of great good-nature, as he shows in the treatment of his slaves and in his family relations, had been stabbed in the back, in the reading-room of the town, two years before, and no prosecution was instituted. Another of my hosts carried loaded pistols for a fortnight, just before I arrived, knowing that he was lain in wait for by persons against whose illegal practices he had given information to a magistrate, whose carriage was therefore broken in pieces and thrown into the river. A lawyer, with whom we were in company one afternoon, was sent to take the deposition of a dying man, who had been sitting with his family in the shade, when he received three balls in the back from three men who took aim at him from behind trees. The tales of jail-breaking and rescue were numberless; and a lady of Montgomery told me, that she had lived there four years, during which time no day, she believed, had passed without some one’s life having been attempted either by duelling or assassination.”

The rapid increase of population in the Far West, and the many respectable people who have lately migrated there, together with the Texas having now become the refuge of those whose presence even the Southern States will no longer tolerate, promise very soon to produce a change. The cities have already set the example by purifying themselves. Natchez, the lower town of which was a Pandemonium, has cleansed herself to a very great extent. Vicksburg has by its salutary Lynch law relieved herself of the infamous gamblers, and New Orleans, in whose streets murders were daily occurring, is now one of the safest towns in the Union.

This regeneration in New Orleans was principally brought about by the exertions of the English and American merchants from the Eastern States, who established an effectual police, and having been promised support by the State legislature, determined to make an example of the very first party who should commit a murder. It so happened, that the first person who was guilty, was a Colonel or Mr Whittaker of Louisiana, a person well connected, and of a wealthy family. In a state of intoxication he entered the bar of an hotel, and affronted at the bar-keeper not paying immediate attention to his wishes, he rushed upon the unfortunate man, and literally cut him to pieces with his heavy Bowie knife.

He was put in prison, tried and condemned. Every effort was made to save him, both by force and perseverance, but in vain. Finding that he must really suffer the penalty of the law, his friends, to avoid the disgrace of a public execution, provided him with the means; and he destroyed himself in the prison the night before his execution. So unexpected was this act of justice, that it created the greatest sensation; it was looked upon as a legal murder; his body, being made over to his relations, was escorted to his home with great parade; the militia were turned out to receive it with military honours, and General —, who set up for the governorship of Louisiana, pronounced the funeral eulogy!!

But this decided and judicious step was attended with the best results; and now that there is an active police, and it is known that a murderer will be executed, you may safely walk the streets of New Orleans on the darkest nights.