e 7th article of
the Constitution.[392]
In accordance with this law, if a jury of twelve men were convinced
that a master treated his slave cruelly, or failed to provide him the
proper food and clothing, the slave would be sold into better hands
and the master would have to pay the costs of the suit. Most assuredly
there was no place in the eyes of the law for an inhuman slaveholder.
Not only was such a one a criminal in the eyes of the courts but he
was socially ostracized in the ordinary circles of the community.[393]
Two instances of this kind in Lexington will show the public feeling.
In 1837 Mrs. Turner, the wife of a wealthy Lexington judge, was
accused of inhuman cruelty. Her own husband was the chief complainant,
stating that "that woman has been the cause of the death of six of my
servants by her severities." The trial caused intense excitement among
the people of Lexington, more so perhaps for the reason that the
defendant was a member of a prominent Boston family and her husband
was a former judge of the criminal court in New Orleans. The court
proceedings were brought to an end when the woman was pronounced
insane and placed in the asylum.[394]
Early in 1839 a Mr. and Mrs. Maxwell were tried in Lexington for the
inhuman treatment of a female slave servant. The indignation of the
citizens of Lexington is apparent from the publicity that was given to
the proceedings in the local papers. A Dr. Constant testified that he
saw Mrs. Maxwell whipping the Negro severely, without being particular
whether she struck her in the face or not. The lacerations had brought
blood in considerable quantities for he had found some on the steps.
He had noticed previously that the slave had been thinly clad and was
barefooted even in cold weather. During the previous months he had
noticed several scars on her and at one time she had had one eye tied
up for a week. A Mr. Winters was once passing along the street and saw
one of the boys whipping the slave girl with a cowhide. Whenever she
turned her face to him he would hit her across the face either with
the butt end or small end of the whip to make her turn around square
to the lash, in order that he might get a fair blow at her. A Mr. Say
had noticed several wounds on her person, chiefly bruises. Capt.
Porter, the keeper of the workhouse, thought the injuries on Milly's
person were very bad, some of them appeared to be burns, and some were
bruises or stripes from a cow
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