itness grinned incredulously, revealing thereby a few blackened
fragments of teeth.
"I 've tuck up more 'n a hundred niggers fer stealin', Kurnel, an' I
never seed one yit that did n' 'ny it ter the las'."
"Answer my question. Might not the witness's indignation have been a
manifestation of conscious innocence? Yes or no?"
"Yes, it mought, an' the moon mought fall--but it don't."
Further cross-examination did not weaken the witness's testimony, which
was very damaging, and every one in the court room felt instinctively
that a strong defense would be required to break down the State's case.
"The State rests," said the prosecuting attorney, with a ring in his
voice which spoke of certain victory.
There was a temporary lull in the proceedings, during which a bailiff
passed a pitcher of water and a glass along the line of jury-men. The
defense was then begun.
The law in its wisdom did not permit the defendant to testify in his own
behalf. There were no witnesses to the facts, but several were called to
testify to Ben's good character. The colored witnesses made him out
possessed of all the virtues. One or two white men testified that they
had never known anything against his reputation for honesty.
The defendant rested his case, and the State called its witnesses in
rebuttal. They were entirely on the point of character. One testified
that he had heard the prisoner say that, if the negroes had their
rights, they would own at least half the property. Another testified
that he had heard the defendant say that the negroes spent too much
money on churches, and that they cared a good deal more for God than God
had ever seemed to care for them.
Ben Davis listened to this testimony with half-open mouth and staring
eyes. Now and then he would lean forward and speak perhaps a word, when
his attorney would shake a warning finger at him, and he would fall back
helplessly, as if abandoning himself to fate; but for a moment only,
when he would resume his puzzled look.
The arguments followed. The prosecuting attorney briefly summed up the
evidence, and characterized it as almost a mathematical proof of the
prisoner's guilt. He reserved his eloquence for the closing argument.
The defendant's attorney had a headache, and secretly believed his
client guilty. His address sounded more like an appeal for mercy than a
demand for justice. Then the State's attorney delivered the maiden
argument of his office, the speech tha
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