Page:Ainsworth's Magazine - Volume 1.djvu/347

The courts of justice in the United States are conducted according to the American ideas of republicanism—the separation of the coloured people of all shades from the “whites,” and a total absence of pageantry. There are no symbols of authority placed before the judge, no gowns and no wigs. The absence of the latter may be considered a decided improvement on the antiquated English practice iu this respect; but there are few Englishmen who would not prefer seeing the judges dressed in some appropriate costume when wielding the terrible authority of the law. The American judge when on the bench is merely an Honourable Peter Simpkins, Esquire, or a Judge Ramsbotham, who may be seen walking in Broadway, or Chesnut-street, in the identical same dress,—perhaps, a blue coat with gilt buttons, white waistcoat and pendants,—in which he, the day previously, sentenced a fellow citizen to death, or to solitary confinement for life in Skuylkill penitentiary or Sing-Sing prison. As the Americans have latterly become enamoured of splendid costumes,—of blue, scarlet, and green cloth, covered with silver or gold lace, buttons and epaulettes,—for military wear, it may be expected they will in time discover that appropriate costume for a minister of justice is at least equally republican and necessary, more especially as a constitutionally appointed judge has occasionally to exert his authority against a powerful rival near the bench, the eccentric and ubiquitous Judge Lynch.

The scene I am about to describe must not be supposed to take place in any of the old American States on the Atlantic sea-board, but in the West,—about halfway between the East and the “Far West,” where “every thing is conducted as cleverly as necessary for a new state;” where the judge shakes hands with the prisoner, and wishes him well through his unpleasant situation, and where the jury will not convict a neighbour of murder if they consider him a better citizen than his victim.

The scene is a court-house, neatly built of wood, painted to imitate stone, the entrance hall to the seat of justice being a refreshment and reading room. We will dispense with the crier, as he is perhaps attending the bar customers; and we may easily be satisfied with the conclusion of the prosecuting attorney’s speech:—

“On this eventful morning, the shade of the foregone evening was still shadowing the earth in darkness—great nature lay wrapped in solemn silence—when this defendant loafing ruffian came rushing, like a mighty whirlwind of the forest, down on the abode of peace, broke open the door of John Smith’s house, alarmed his family, took away his rifle, gentlemen, worth fourteen dollars, and murdered a nigger help with it, in trying to escape. This is the indictment, and the law of this commonwealth must be vindicated. I call the witness for the prosecution.—What is your name, Sir?”

“Septimus Bigfall, exact seventh son of a seventh son, reckoned a curiosity in this state or in any. Oh, yes!”

“What particular occupation do you follow? Inform the jury.”

“They know I ’tends the bar for Squire Smith, as keeps the Washington’s Hoss Tavern and Grocery at Millprivilege, and collects the religious tribute from the single seats for Mr. Skyraggin, of the Universal Church. I doos а leetle for myself in stray hosses, and mends nets for any one in particular and my boss in general, who pays for it extra. Exact. This is my occupation now; but I’ve bin a reglar in the Indine campaign, under General Schlosser, and was at the battle of New Orleans, when we gave the British beans.”

“You saw this murder?”

“Not exact; I’m not on the jury, and it don’t convene to my feelings to say it war a murder. Oh, no, by no manner of means.”

“But you saw John Frost killed?”