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HOME > Classical Novels > Justice in the By-Ways:a Tale of Life > Chapter 26 In Which A High Functionary Is Made To Play A Sing
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Chapter 26 In Which A High Functionary Is Made To Play A Sing

THE morning following the events detailed in the foregoing chapter, finds the august Sleepyhorn seated on his judgment-seat. The clock strikes ten as he casts his heavy eyes over the grotesque group gathered into his little, dingy court-room; and he bows to his clerk, of whom he gets his law knowledge, and with his right hand makes a sign that he is ready to admonish the erring, or pass sentence on any amount of criminals. History affords no record of a judge so unrelenting of his judgments.

A few dilapidated gentlemen of the "learned profession," with sharp features and anxious faces, fuss about among the crowd, reeking of whiskey and tobacco. Now they whisper suspiciously in the ears of forlorn prisoners, now they struggle to get a market for their legal nostrums. A few, more respectably clothed and less vicious of aspect, sit writing at a table inside the bar, while a dozen or more punch-faced policemen, affecting an air of superiority, drag themselves lazily through the crowd of seedy humanity, looking querulously over the railing encircling the dock, or exchanging recognitions with friends.

Some twenty "negro cases" having been disposed of without much respect to law, and being sent up for punishment (the Judge finds it more convenient to forego testimony in these cases), a daughter of the Emerald Isle, standing nearly six feet in her bare soles, and much shattered about the dress, is, against her inclination, arraigned before his Honor. "I think I have seen you before, Mrs. Donahue?" says the Judge, inquiringly.

"Arrah, good-morning, yer 'onher! Shure, it's only the sixth time these three weeks. Doesn't meself like to see yer smiling face, onyhow!" Here Mrs. Donahue commences complimenting the Judge in one breath, and laying no end of charges at the door of the very diminutive and harmless Mister Donahue in the next.

"This being the sixth time," returns his Honor, somewhat seriously, "I would advise you to compromise the matter with Donahue, and not be seen here again. The state of South Carolina cannot pay your fees so often--"

"Och, bad luck to Donahue! Troth, an' if yer onher'd put the fees down to Donahue, our acquaintance 'ouldn't be so fraquent." Mrs. Donahue says this with great unction, throwing her uncombed hair back, then daintily raising her dress apace, and inquiring of Mr. Sheriff Hardscrabble, who sits on his Honor's left, peering sharply through his spectacles, how he likes the spread of her broad, flat foot; "the charging the fees to Donahue, yer onher, 'd do it!" There was more truth in this remark than his Honor seemed to comprehend, for having heard the charge against her (Mr. Donahue having been caught in the act of taking a drop of her gin, she had well-nigh broken his head with the bottle), and having listened attentively while poor Donahue related his wrongs, and exhibited two very well blacked eyes and a broken nose, he came to the very just conclusion that it were well to save the blood of the Donahues. And to this end did he grant Mrs. Donahue board and lodging for one month in the old prison. Mrs. Donahue is led away, heaping curses on the head of Donahue, and compliments on that of his Honor.

A pale, sickly looking boy, some eleven years old, is next placed upon the stand. Mr. Sergeant Stubbs, who leans his corpulent figure against the clerk's desk, every few minutes bowing his sleepy head to some friend in the crowd, says: "A hard 'un-don't do no good about here. A vagrant; found him sleeping in the market."

His Honor looks at the poor boy for some minutes, a smile of kindliness seems lighting up his face; he says he would there were some place of refuge-a place where reformation rather than punishment might be the aim and end, where such poor creatures could be sent to, instead of confining them in cells occupied by depraved prisoners.

Mr. Sheriff Hardscrabble, always eager to get every one into jail he can, inasmuch as it pays him twenty-two cents a day clear profit on each and every person confined, says: "A hard customer. Found sleeping in the market, eh? Well, we must merge him in a tub of water, and scrub him up a little." Mr. Hardscrabble views him with an air of satisfaction, touches him with a small cane he holds in his hand, as if he were something very common. Indeed, Mr. Hardscrabble seems quite at a loss to know what species of animal he is, or whether he be really intended for any other use than filling up his cells and returning him twenty-two cents a day clear profit. "Probably an incendiary," mutters the sagacious sheriff. The helpless boy would explain how he came to sleep in the market-how he, a poor cabin-boy, walked, foot-sore and hungry, from Wilmington, in the hope of getting a ship; and being moneyless and friendless he laid down in the market to sleep. Mr. Hardscrabble, however, suggests that such stories are extremely common. His Honor thinks it not worth while to differ from this opinion, but to the end that no great legal wisdom may be thrown away, he orders the accused to be sent to the common jail for three months. This, in the opinion of Judge Sleepyhorn, is an extremely mild penalty for being found sleeping in the market.

Next there comes forward a lean, up-country Cracker, (an half-civilized native,) who commences telling his story with commendable simplicity, the Judge in the meanwhile endeavoring to suppress a smile, which the quaintness of his remarks excite. Making a tenement of his cart, as is usual with these people when they visit the city, which they do now and then for the purpose of replenishing their stock of whiskey, he had, about eleven o'clock on the previous night, been set upon by three intoxicated students, who, having driven off his mule, overturned his cart, landing him and his wife prostrate in the ditch. A great noise was the result, and the guard, with their accustomed zeal for seizing upon the innocent party, dragged up the weaker (the Cracker and his wife) and let the guilt............

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