he mouths of counsel, and
to take care that you have full constitutional warrant
for doing so.
"_Judge Crawford_.--I can't permit an harangue against
slavery."
Mr. Mann proceeded to explain the point at which he was aiming. He had
read these extracts from Mr. Foote's speech, delivered to a
miscellaneous collection of blacks and whites, bond and free, assembled
before the _Union_ office, as showing to what exciting influences the
slaves of the District were exposed, independently of any particular
pains taken by anybody to make them discontented; and, with the same
object in view, he proposed to read some further extracts from other
speeches delivered on the same occasion.
"_District Attorney_.--If this matter is put in as
evidence, it must first be proved that such speeches
were delivered.
"_Mann_.--If the authenticity of the speeches is denied,
I will call the Honorable Mr. Foote to prove it.
"_District Attorney_.--What newspaper is that from which
the counsel reads?
"_Mann_ (_holding it up_).--The Washington _Union_, of
April 19th."
And, without further objection, he proceeded to read some further
extracts.
He concluded by urging upon the jury that this case was to be viewed
merely as an attempt of certain slaves to escape from their masters, and
on my part an attempt to assist them in so doing; and therefore a case
under the statute of 1796, punishable with fine; and not a larceny, as
charged against me in this indictment.
Several witnesses were called who had known me in Philadelphia, to
testify as to my good character. The District Attorney was very anxious
to get out of these witnesses whether they had never heard me spoken of
as a man likely to run away with slaves? And it did come out from one of
them that, from the tenor of my conversation, it used sometimes to be
talked over, that one day or other it "would heave up" that I had helped
off some negro to a free state. But these conversations, the witness
added, were generally in a jesting tone; and another witness stated that
the charge of running off slaves was a common joke among the watermen.
According to the practice in the Maryland criminal courts,--and the same
practice prevails in the District of Columbia,--the judge does not
address the jury at all. After the evidence is all in, the counsel,
before arguing the case, may call upon the judge to give to the jury
instructions as to
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