No one came forward in answer to even this appeal; and, turning on the crowd, while warm, manly scorn glowed on his every feature, the negro-trader cried out:
'Ye're a set uv d—d sneakin' hounds, every one on ye. Ye're wuss than th' parsons, an' the' hain't fit ter tote vittles ter a bar.' Turning to the 'judge,' he added, in a more respectful tone: 'I doan't know th' fust thing 'bout lor, Major Gaston, an' this man's nigh as mean a cuss as th' Lord ever made; but ef ye'll 'cept me, I'll go in fur him!'
'I will accept you with pleasure. You're doing a gentlemanly thing, Mr. Larkin.'
A murmur of applause went round the assemblage, as Larkin and the other counsel took seats near the jury.
The 'judge' then rose, and said:
'Gentlemen of the jury: You have engaged in a solemn office. You are about to try a fellow being for his life. It is a painful duty, but it is an obligation you owe to the community, and to yourselves, and you will not shrink from it. Society is held together by laws made to protect the innocent and punish the guilty. But, as our society is organized, there are some offences which our tribunals cannot reach. In such cases the people, from whom all laws proceed, have a right to take the law into their own hands.
'The prisoner is charged with crimes which, from the circumstances surrounding their commission, cannot be reached by regular courts of justice. They were witnessed by none but blacks, whose testimony, by our statutes, is not admissible. We, the people, therefore, are to try him; and, to get at the facts, we shall receive the evidence of negroes. You will judge for yourselves as to its credibility. If any doubt of the prisoner's guilt rests in your minds, you will give him the benefit of it, and acquit him; but if, on the other hand, you are fully persuaded that he committed either or both the crimes of which he is accused, you will convict him. You will patiently hear the testimony that may be presented; I will honestly and impartially give sentence, according to the decision at which you may arrive. The trial will now proceed.'
The witnesses were then examined. Ally was the first one sworn. He deposed to the circumstances attending the whipping of Phyllis, and the assault on Selma; but, as his evidence was altogether hearsay—he not being present on either occasion—it was ruled out, as was also his account of the bribing of Mulock by the mistress.
Three other negroes were then called, and they proved that Mulock aided in dragging Selma to the whipping rack, and witnessed the beating; but they failed to show that he was privy to or participated in the assault on his wife. Others were examined, who saw parts of the two transactions, and then the testimony closed.
As the last witness left the stand, Gaston said: