Literary Cadet And Rhode Island Statesman

Plain Dealing in a Justice's Court
—A Justice's Court was recently holden in one of the towns of this State, of rather an extraordinary character, concerning which we shall attempt a short sketch. It seems that several persons had instituted each a complaint against one defendant, for an assault and battery on all of them at the same time; upon which, warrants were issued, and the defendant was arrested and carried several miles from the scene of action, and the residence of nearly all the witnesses, before the Justice who issued the warrants. On this occasion as is usual, the complainants bargained with several other magistrates to sit on the trial of the cases, who accordingly attended, having the promise each of a round fee from the complainants for their services.

On the trial of the first complaint, it appeared that the present defendant had formerly instituted a process against the complainant for the same offence, as having been committed at the same time and place on him, in consequence of which he received several severe wounds, that nearly cost him his life. This process, it appeared, had been stopped by the present complainants, who voluntarily came forward, and tacitly acknowledged the assault; by paying each a small sum of money to the injured party; but afterwards saw fit to lay the charge at his door. At the motion of the defendant's counsel, they were separately examined, and it was found that the stories of no two agreed in the particulars, as to the commencement of the assault. Several witnesses were then sworn for the defendant, all of whom contradicted the whole testimony of the complainants, who had produced no other evidence but their own. The case was argued by the counsel on both sides, and the defendant was convicted, and fined $50 and costs of prosecution. The other cases came on in their course. The same evidence was produced, and same judgment and sentence was pronounced against the hapless prisoner:

Having at length arrived at the last case, the counsel for the defendant arose and addressed the Court as follows:

"May it please your Honors:

"It has uniformly been my practice to treat the high magistracy of this land with reverential deference, whenever I have had occasion to appear before it in the capacity I now appear, notwithstanding any errors which I may sometimes have thought were made in judicial proceedings, on the part of the Judges. To such mistakes, it is the sad lot of human wisdom, in its greatest purity, to be subject. But though my duty dictates that I should be modest, it does not enjoin it on me to be silent: when I see judicial corruption arrived, not in its usual garb and bandages to hide its loathsome appearance and effluvia from the eyes of men, but open, shamelessly open, to the view of all.

"In this last case, strong additional evidence has arrived, to prove the innocence of the defendant, Yet I shall not argue—I shall not again turn to the authorities of law—to the decisions of the judiciary—to the statutes of the State, and the time honored practice of judicial tribunals, in criminal proceedings. I shall not again ask upon what authority you have seen fit to amend a defective criminal process!—upon what authority you have directed the officer to put my client in irons, and keep him chained up in a dirty stall for two nights, though he has never shown the slightest disposition to escape, but has always behaved with the utmost propriety? since his arrest, both to your Honors and the officer. I shall not again urge the respectability, the honesty, the good character and fame, the poverty, and situation of the unfortunate man, though you perceive his weeping wife and barefoot children have at length come to witness the forlorn condition to which he is now subjected. Were hundreds of witnesses present to attest to the innocence of the defendant, I would not call them. And is there a person present, even among yourselves, who will ask me why? Neither are there none who have heard the other trials, or been concerned in them, who would be so simple. Look at the deep and yet fresh wounds which my client received from the hands of merciless ruffians on that night, that well nigh had proved his last! They are still ghastly and bloody, but the wounds that injured justice—the laws, and the public, have this day received, from ruffian hands, and deeper and more horrible

[Here one of their Honors, who had hitherto sat silent, and shrunk shivering back, interposed and said, "If I rightly understand you last words, you must mean some of us."

The counsel proceeded—

"I shall not stop to point out particularly the strange cause from which my client has repeatedly been convicted of an offence, of which he has proved himself innocent. I hope that all have discharged what they owe to their oaths and their consciences, and while returning the long distance they have traveled from their homes, to sit and determine upon the doom of an honest fellow citizen, they can say within themselves they have acted independently, and without the influence of any private compensation they may have received from either party.

[Here the above mentioned Justice again broke silence, and said, though somewhat faintly, "I really don't know what you mean by all this strange talk, unless you mean to say that some of us have been hired in the cases against Mr. ———, for my part, I was asked by them men to come and sit upon the cases. I assented, and I haven't asked them any more than the usual fee, and enough besides to pay my expenses here and back again."

The court resumed with calmness—

"I shall not animadvert on the practice of Justices in Rhode-Island, in receiving a private fee from one litigant whose case they are to adjudge and settle, though the laws, both ancient and modern, pronounces it foul bribery for a judge or juror to receive a fee or present from a party, either before or after verdict or judgment, under any pretence whatever—a crime of a darker dye, and punished with a far heavier penalty, than that which you have imposed upon my client.

"I feel that I have faithfully discharged my duty to this poor man, to the utmost of my strength and abilities; and I trust I have also done the same to the Court. I therefore submit him and his case to your merciful custody, without further remark, and may his God have mercy upon him and the State of Rhode-Island and Providence Plantations."

The prisoner was now called on to stand up and receive his sentence, without the question being put amongst themselves whether he was guilty or not guilty, though he had denied the charge. He was sentenced as before, to $20 fine and the costs, and not being able to procure sureties in a recognizance on appeal, was subsequently imprisoned.