UNCLE TOM'S CABIN

the
" he
_
102 KEY TO UNCLE TOM S CABIN.
him, Iiisknees a few inches from the floor,and his on the testimony of a house-servant, the nature of
head thrown forward
"
body warm and supwhich
does not appear to have been inquired into
.ple(orrelaxed),but life was extinct.
by the court ! Not a word is said which authorizes
"
It was provedby the surgeons who made a postmortem
the belief that any careful examination
examination before the coroner's inquestwas made, as it respectstheir guilt.Lewis and
that the death was caused by strangulation by Reuben were assumed, on loose evidence, without
hanging; and other eminent surgeons were examined
deliberate investigation, to be guilty; and then,
to show, from the appearance of the brain without allowingthem to attemptto show their
and its blood-vessels after death (asexhibited at evidence,they were whipped, until a confession
the post-mortemexamination), that the subjectof guiltwas extorted by bodilypain.
could not have fainted before strangulation. Is this Virginia justice 1
"
After the evidence was finished on both sides, Lewis was punished with " a broad leathern
the jury from their box, and of their
" own motion, strap,''' was punishedseverely :" this we
without a word from counsel on either side,informed
do not need to be told. A " broad leathern strap"
the court that they had agreed upon their isAvelladaptedto severity of punishment. " Nor
verdict. The counsel assented to itsbeing thus was it pretended,"the account says, "in any
received,and a verdict of " not guilty " was immediately
quarter,that this punishmentimplicated either
rendered. The attorneyfor the commonwealth
his lifeor his health." This is false ; it was expressly
then informed the court that all the
stated in the newspaper accounts at the
evidence for the prosecutionhad been laid before time,and such was the generalimpression in the
the jury; and as no new evidence could be offered neighborhoodțhat the punishment did very severely
on the trialof Stephen D. Castleman,he submitted
implicate his life. But more of.fchis anon.
to the court the proprietyof entering a Lewis was left. A chain was fastened around
nolleprosequi Ṭhe
judgerepliedthat the case had his neck,so as not to choke him, and secured to
been fully and fairly laid before the juryupon the the joistabove,leaving a slack of about a foot and
evidence ; that the court was not only satisfied a half. Remaining in an uprightposition, he was
with the verdict,but,if any other had been rendered,
secure againststrangulation, but he could neither
it must have been set aside ; and that if no sitnor kneel ; and should he faint,he would be
further evidence was to be adduced on the trial of choked to death. The account says that they
Stephen, the attorneyfor the commonwealth fastened him thus for the
purpose of securing
would exercise a
proper discretionin entering a him. If this had been the sole object,it could
nolleprosequias to him, and the court would have been
approve
accomplishedby safer and less cruel
its being done. A nolle prosequiwas entered
methods, as
every reader must know. This mode
accordingly, and both gentlemendischarged. of securing him was intended probablyto intimidate
"
It maybe added that two dayswere consumed him, and,at the same time, afforded some
in exhibiting the evidence,and that the trial was gratification to the vindictive feeling which controlled
by a jury of Clarke County. Both the parties the actors in this foul transaction. The
had been on bail from the time of their arrest,and man whom they left to watch Lewis said that,
were continued on bail whilst the trial was depending."
after remaining there about half an hour, he went
home ; and Lewis was then alive. The Castlemans
say that,after punishingReuben, theyreturned,
Let us admit that the evidence does not prove havingbeen absent not more than half an
the legal crime of homicide : what candid man hour, and they found him hangingby the neck,
can doubt, after reading this ex parte version of it, dead. We direct attention to this partof the
that the slave died in consequence of the punishment
testimony, to show how loose the statements were
inflicted upon him ?
which went to make
up the evidence.
In criminal prosecutionsthe federal constitution
Why was Lewis chained at all,and a man left
guarantees to the accused the righ to a "
public
to watch him ? To secure him," say the Castlemans.
Is it customary to chain slaves in this
trial by an impartialjury; the rightto be
informed of the nature and cause of the accusation
manner, and set a watch over them, after severe
; to be confronted with the witnesses againstpunishment țo prevent their running away ? If
him ; to have compulsoryprocess for obtaining the punishment of Lewis had not been unusual,
witness in his favor ; and to have the assistance and if he had not been threatened with another
of counsel ; guaranteesnecessary
to secure innocence
infliction on their return, there would have been
"
againsthastyor vindictivejudgment, absolutely
no necessityfor chaining him.
necessary to preventinjustice. Grant that The testimony of the man leftto watch
they were not intended represents
forslaves ; every master of him as desperate, apparently, with painand
a slave must feel that they are still morallybinding
fright. "Lewis asked for a box to stand on:"
upon him. He is the sole judge; he alone why ? Was he not suffering from painand exhaustion,
determines the offence, the proofrequisiteto establish
and did he not wish to rest himself,
it,and the amount of the punishment. without danger of slow strangulation 1 Again :
The slave then has a peculiar claim upon him for he asked for " something he could jump off from ;"
justice Ẉhen "
chargedwith a crime, common after the Castlemans left,he expressed a fear
humanityrequiresthat he should be informed of when they came back that he would be whipped
it țhat he should be confronted with the witnesses again; and said, if he had a knife, and could get
againsthim, that he should be permitted to show one hand loose,he would cut his throat."
evidence in favor of his innocence.
The punishment that could drive him to such
But how was poor Lewis treated 1 The son of desperation must have been horrible.
Castleman said he had discovered who stole the How longthey were absent we know not, for
money ; and it was forthwith " determined that the testimony this pointis contradictory.
the offenders should be punished at once,
and before
They found him hangingby the neck, dead, " his
Ikeyshould know of the discovery that had been feet thrown behind him,his knees a few inches
made." Punished without a hearing ! Punished from the floor,and his head thrown forward,""