Dred: A Tale of the Great Dismal Swamp

by Harriet Beecher Stowe

"'It was proved by the surgeons who made a post-mortem examination before the coroner's inquest that the death was caused by strangulation by hanging; and other eminent surgeons were examined to show, from the appearance of the brain and its blood-vessels after death (as exhibited at the post-mortem examination), that the subject could not have fainted before strangulation.

"'After the evidence was finished on both sides, the jury, from their box, and of their own motion, without a word from counsel on either side, informed the court that they had agreed upon their verdict. The counsel assented to its being thus received, and a verdict of "Not guilty" was immediately rendered. The attorney for the commonwealth then informed the court that all the evidence for the prosecution had been laid before the jury; and, as no new evidence could be offered on the trial of Stephen D. Castleman, he submitted to the court the propriety of entering a nolle prosequi. The judge replied that the case had been fully and fairly laid before the jury upon the evidence; that the court was not only satisfied with the verdict, but, if any other had been rendered, it must have been set aside; and that, if no further evidence was to be adduced on the trial of Stephen, the attorney for the commonwealth would exercise a proper discretion in entering a nolle prosequi as to him, and the court would approve its being done. A nolle prosequi was entered accordingly, and both gentlemen discharged.

"'It may be added that two days were consumed in exhibiting the evidence, and that the trial was by a jury of Clarke County. Both the parties had been on bail from the time of their arrest, and were continued on bail whilst the trial was depending.'

"Let us admit that the evidence does not prove the legal crime of homicide; what candid man can doubt, after reading this ex parte, version of it, that the slave died in consequence of the punishment inflicted upon him?

"In criminal prosecutions the federal constitution guarantees to the accused the right to a public trial by an impartial jury; the right to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witness in his favor; and to have the assistance of counsel; guarantees necessary to secure innocence against hasty or vindictive judgment,—absolutely necessary to prevent injustice. Grant that they were not intended for slaves; every master of a slave must feel that they are still morally binding upon him. He is the sole judge; he alone determines the offence, the proof requisite to establish it, and the amount of the punishment. The slave, then, has a peculiar claim upon him for justice. When charged with a crime, common humanity requires that he should be informed of it, that he should be confronted with the witnesses against him, that he should be permitted to show evidence in favor of his innocence.

"But how was poor Lewis treated? The son of Castleman said he had discovered who stole the money; and it was forthwith 'determined that the offenders should be punished at once, and before they should know of the discovery that had been made.' Punished without a hearing! Punished on the testimony of a house-servant, the nature of which does not appear to have been inquired into by the court! Not a word is said which authorizes the belief that any careful examination was made, as it respects their guilt. Lewis and Reuben were assumed, on loose evidence, without deliberate investigation, to be guilty; and then, without allowing them to attempt to show their evidence, they were whipped until a confession of guilt was extorted by bodily pain.

"Is this Virginia justice?"

"'To the Editor of the Era:

"'I see that Castleman, who lately had a trial for whipping a slave to death in Virginia, was "triumphantly acquitted,"—as many expected. There are three persons in this city, with whom I am acquainted, who stayed at Castleman's the same night in which this awful tragedy was enacted. They heard the dreadful lashing, and the heartrending screams and entreaties of the sufferer. They implored the only white man they could find on the premises, not engaged in the bloody work, to interpose, but for a long time he refused, on the ground that he was a dependant, and was afraid to give offence; and that, moreover, they had been drinking, and he was in fear of his own life, should he say a word that would be displeasing to them. He did, however, venture, and returned and reported the cruel manner in which the slaves were chained, and lashed, and secured in a blacksmith's vise. In the morning, when they ascertained that one of the slaves was dead, they were so shocked and indignant that they refused to eat in the house, and reproached Castleman with his cruelty. He expressed his regret that the slave had died, and especially as he had ascertained that he was innocent of the accusation for which he had suffered. The idea was that he had fainted from exhaustion; and, the chain being round his neck, he was strangled. The persons I refer to are themselves slaveholders; but their feelings were so harrowed and lacerated that they could not sleep (two of them are ladies), and for many nights afterwards their rest was disturbed, and their dreams made frightful, by the appalling recollection.

"'These persons would have been material witnesses, and would have willingly attended on the part of the prosecution. The knowledge they had of the case was communicated to the proper authorities, yet their attendance was not required. The only witness was that dependant who considered his own life in danger.