court. And now--

"The first inquiry," so reads the chief-justice--"the first inquiry that
engages our attention is, What is the color of the plaintiff?"

But this is far from bringing dismay to Salome and her friends. For hear
what follows:

"Persons of color"--meaning of mixed blood, not pure negro--"are presumed
to be free.... The burden of proof is upon him who claims the colored
person as a slave.... In the highest courts of the State of Virginia ... a
person of the complexion of the plaintiff, without evidence of descent
from a slave mother, would be released even on _habeas corpus_.... Not
only is there no evidence of her [plaintiff] being descended from a slave
mother, or even a mother of the African race, but no witness has ventured
a positive opinion that she is of that race."

Glad words for Salome and her kindred. The reading proceeds: "The
presumption is clearly in favor of the plaintiff." But suspense returns,
for--"It is next proper," the reading still goes on, "to inquire how far
that presumption has been weakened or justified or repelled by the
testimony of numerous witnesses in the record.... If a number of witnesses
had sworn"--here the justice turns the fourth page; now he is in the
middle of it, yet all goes well; he is making a comparison of testimony
for and against, unfavorable to that which is against. And now--"But the
proof does not stop at mere family resemblance." He is coming to the
matter of the birth-marks. He calls them "evidence which is not
impeached."

He turns the page again, and begins at the top to meet the argument of
Grymes from the old Spanish Partidas. But as his utterance follows his eye
down the page he sets that argument aside as not good to establish such a
title as that by which Miller received the plaintiff. He _exonerates_
Miller, but accuses the absent Williams of imposture and fraud. One may
well fear the verdict after that. But now he turns a page which every one
can see is the last:

"It has been said that the German witnesses are imaginative
and enthusiastic, and their confidence ought to be distrusted.
That kind of enthusiasm is at least of a quiet sort, evidently the
result of profound conviction and certainly free from any taint
of worldly interest, and is by no means incompatible with the
most perfect conscientiousness. If they are mistaken as to the
identity of the plaintiff; if there be in truth two persons about
the same age bearing a s