dibility. If any doubt of the
prisoner's guilt rests in your minds, you will give him the benefit of
it, and acquit him; but if, on the other hand, you are fully persuaded
that he committed either or both the crimes of which he is accused, you
will convict him. _You_ will patiently hear the testimony that may be
presented; _I_ will honestly and impartially give sentence, according to
the decision at which you may arrive. The trial will now proceed.'
The witnesses were then examined. Ally was the first one sworn. He
deposed to the circumstances attending the whipping of Phyllis, and the
assault on Selma; but, as his evidence was altogether hearsay--he not
being present on either occasion--it was ruled out, as was also his
account of the bribing of Mulock by the mistress.
Three other negroes were then called, and they proved that Mulock aided
in dragging Selma to the whipping rack, and witnessed the beating; but
they failed to show that he was privy to or participated in the assault
on his wife. Others were examined, who saw parts of the two
transactions, and then the testimony closed.
As the last witness left the stand, Gaston said:
'I shall allow the prisoner the benefit of the final appeal. The
attorney for the people will now address the jury.'
The lawyer, a young man of no especial brilliancy or ability, rose, and,
going rapidly over the testimony, drew the conclusion from it that
Mulock had instigated the beating of both mother and daughter, and was
therefore guilty of the assault and the murder, and should accordingly
be punished with death.
The motive actuating him he held to be revenge on Preston, for having,
long previously, debauched his wife Phyllis. This passion, held in check
during Preston's lifetime by fear of the consequences which might follow
its indulgence, had broken out after his death, and wreaked itself on
the two defenceless women.
The gentleman's reasoning was not very cogent, but, what he lacked in
logic, he made up in bitter denunciation of Mulock, who, according to
his showing, was a little blacker than the prime minister of the lower
regions.
As he took his seat, Larkin rose, and, addressing himself to both the
jury and the multitude, spoke, as near as I can recollect, as follows:
'Gintlemen, this yere sort o' bis'ness is out uv my line. I'm not used
ter speechifyin', an' I may murder whot's called good English; but I'd a
durned sight ruther murder _thet_, then ter joodicio
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