w, and which bond is herewith returned
this 3d February, 1844.
B.F. LEWIS, d'y sh'ff.
Inside is the bond with the signatures, Frantz Schuber in German script,
and above in English,
[Illustration: THE COURT PAPERS.]
[Illustration: handwritten text]
Also the writ, ending in words of strange and solemn irony: "In the year
of our Lord one thousand eight hundred and forty-four and in the
sixty-eighth year of the Independence of the United States."
We need not follow the history at the slow gait of court proceedings. At
Belmonti's petition John F. Miller was called in warranty; that is, made
the responsible party in Belmonti's stead. There were "prayers" and rules,
writs and answers, as the cause slowly gathered shape for final contest.
Here are papers of date February 24 and 29--it was leap year--and April
1, 2, 8, and 27. On the 7th of May Frank Schuber asked leave, and on the
14th was allowed, to substitute another bondsman in his place in order
that he himself might qualify as a witness; and on the 23d of May the case
came to trial.
VIII.
THE TRIAL.
It had already become famous. Early in April the press of the city, though
in those days unused to giving local affairs more than the feeblest
attention, had spoken of this suit as destined, if well founded, to
develop a case of "unparalleled hardship, cruelty, and oppression." The
German people especially were aroused and incensed. A certain newspaper
spoke of the matter as the case "that had for several days created so much
excitement throughout the city." The public sympathy was with Salome.
But by how slender a tenure was it held! It rested not on the "hardship,
cruelty, and oppression" she had suffered for twenty years, but only on
the fact, which she might yet fail to prove, that she had suffered these
things without having that tincture of African race which, be it ever so
faint, would entirely justify, alike in the law and in the popular mind,
treatment otherwise counted hard, cruel, oppressive, and worthy of the
public indignation.
And now to prove the fact. In a newspaper of that date appears the
following:
Hon. A.M. Buchanan, _Judge_.
Sally Miller _vs_. Belmonti. }--No. 23,041.
This cause came on to-day for trial before the court, Roselius
and Upton for plaintiff, Canon for defendant, Grymes and
Micou for warrantor; when after hearing evidence the same is
continued until to-morrow morning at 11 o'clock.
Sal
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