have been convicted of larceny, after a fair trial
before twelve good men of this county. Under the testimony, there can be
no doubt of your guilt. The case is an aggravated one. You are not an
ignorant, shiftless fellow, but a man of more than ordinary intelligence
among your people, and one who ought to know better. You have not even
the poor excuse of having stolen to satisfy hunger or a physical
appetite. Your conduct is wholly without excuse, and I can only regard
your crime as the result of a tendency to offenses of this nature, a
tendency which is only too common among your people; a tendency which is
a menace to civilization, a menace to society itself, for society rests
upon the sacred right of property. Your opinions, too, have been given a
wrong turn; you have been heard to utter sentiments which, if
disseminated among an ignorant people, would breed discontent, and give
rise to strained relations between them and their best friends, their
old masters, who understand their real nature and their real needs, and
to whose justice and enlightened guidance they can safely trust. Have
you anything to say why sentence should not be passed upon you?"

"Nothin', suh, cep'n dat I did n' take de whip."

"The law, largely, I think, in view of the peculiar circumstances of
your unfortunate race, has vested a large discretion in courts as to
the extent of the punishment for offenses of this kind. Taking your case
as a whole, I am convinced that it is one which, for the sake of the
example, deserves a severe punishment. Nevertheless, I do not feel
disposed to give you the full extent of the law, which would be twenty
years in the penitentiary,[1] but, considering the fact that you have a
family, and have heretofore borne a good reputation in the community, I
will impose upon you the light sentence of imprisonment for five years
in the penitentiary at hard labor. And I hope that this will be a
warning to you and others who may be similarly disposed, and that after
your sentence has expired you may lead the life of a law-abiding
citizen."

[Footnote 1: There are no degrees of larceny in North Carolina, and the
penalty for any offense lies in the discretion of the judge, to the
limit of twenty years.]

"O Ben! O my husband! O God!" moaned the poor wife, and tried to press
forward to her husband's side.

"Keep back, Nancy, keep back," said the jailer. "You can see him in
jail."

Several people were looking at Ben's face.