t
excitement, and loud denials on the part of that officer.
Mr. Mann then proceeded to remark that, in all criminal trials which he
had ever before attended or heard of, the prosecuting officer had stated
and produced to the jury, in his opening, the law alleged to be
violated. As the District Attorney had done nothing of that sort, he
must endeavor to do it for him. Mr. Mann then proceeded to call the
attention of the jury to the two laws already quoted, upon which the two
sets of indictments were founded. Of both these acts charged against
me--the stealing of Houver's slaves, and the helping them to escape
from their master--I could not be guilty. The real question in this
case was, Which had I done?
To make the act stealing, there must have been--so Mr. Mann
maintained--a taking _lucri causa_, as the lawyers say; that is, a
design on my part to appropriate these slaves to my own use, as my own
property. If the object was merely to help them to escape to a free
state, then the case plainly came under the other statute.
In going on to show how likely it was that the persons on board the
Pearl might have desired and sought to escape, independently of any
solicitations or suggestions on my part, Mr. Mann alluded to the meeting
in honor of the French revolution, already mentioned, held the very
night of the arrival of the Pearl at Washington. As he was proceeding to
read certain extracts from the speech of Senator Foote on that occasion,
already quoted, and well calculated, as he suggested, to put ideas of
freedom and emancipation into the heads of the slaves, he was suddenly
interrupted by the judge, when the following curious dialogue occurred:
"_Judge Crawford_.--A certain latitude is to be allowed
to counsel in this case; but I cannot permit any
harangue against slavery to be delivered here.
"_Carlisle (rising suddenly and stepping forward_).--I
am sure your honor must be laboring under some strange
misapprehension. Born and bred and expecting to live and
die in a slave-holding community, and entertaining no
ideas different from those, which commonly prevail here,
I have watched the course of my associate's argument
with the closest attention. The point he is making, I
am sure, is most pertinent to the case,--a point it
would be cowardice in the prisoner's counsel not to
make; and I must beg your honor to deliberate well
before you undertake to stop t
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