Page:A Key to Uncle Tom's Cabin (1853).djvu/99

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KEY TO UNCLE TOM'S CABIN.
93

most apparent innocence that there was anything about the trial that could reflect in the least on the character of the state for the utmost legal impartiality. In fact, the Charleston Courier ushers it into public view with the following flourish of trumpets, as something which is forever to confound those who say that South Carolina does not protect the life of the slave:

THE TRIAL FOR MURDER.

Our community was deeply interested and excited, yesterday, by a case of great importance, and also of entire novelty in our jurisprudence. It was the trial of a lady of respectable family, and the mother of a large family, charged with the murder of her own or her husband's slave. The court-house was thronged with spectSitors of the exciting drama, who remained, with unabated interest and undiminished numbers, until the verdict was rendered acquitting the prisoner. We cannot but regard the fact of this trial as a salutary, although in itself lamentable occurrence, as it will show to the world that, however panoplied in station and wealth, and although challenging those sympathies which are the right and inheritance of the female sex, no one will be suffered, in this community, to escape the most sifting scrutiny, at the risk of even an ignominious death, who stands charged with the suspicion of murdering a slave,—to whose life our law now extends the ægis of protection, in the same manner as it does to that of the white man, save only in the character of the evidence necessary for conviction or defence. While evil-disposed persons at home are thus taught that they may expect rigorous trial and condign punishment, when, actuated by malignant passions, they invade the life of the humble slave, the enemies of our domestic institution abroad will find, their calumnies to the contrary notwithstanding, that we are resolved, in this particular, to do the full measure of our duty to the laws of humanity. We subjoin a report of the case.

The proceedings of the trial are thus given:

TRIAL FOR THE MURDER OF A SLAVE.

State v. Eliza Rowand.—Spring Term, May 5, 1847.

Tried before his Honor Judge O'Neall.

The prisoner was brought to the bar and arraigned, attended by her husband and mother, and humanely supported, during the trying scene, by the sheriff, J. B. Irving, Esq. On her arraignment, she pleaded "Not Guilty," and for her trial, placed herself upon "God and her country." After challenging John M. Deas, James Bancroft, H. F. Harbers, C. J. Beckman, E. R. Cowperthwaite, Parker J. Holland, Moses D. Hyams, Thomas Glaze, John Lawrence, B. Archer, J. S. Addison, B. P. Colburn, B. M. Jenkins, Carl Houseman, Geo. Jackson, and Joseph Coppenberg, the prisoner accepted the subjoined panel, who were duly sworn, and charged with the case: 1. John L. Nowell, foreman. 2. Elias Whilden. 3. Jesse Coward. 4. Effington Wagner. 5. Wm. Whaley. 6. James Culbert. 7. R. L. Baker. 8. S. Wiley. 9. W. S. Chisolm. 10. T. M. Howard. 11. John Bickley 12. John Y. Stock.

The following is the indictment on which the prisoner was arraigned for trial:

The State v. Eliza RowandIndictment for murder of a slave.

State of South Carolina,
Charleston District,
to wit:

At a Court of General Sessions, begun and holden in and for the district of Charleston, in the State of South Carolina, at Charleston, in the district and state aforesaid, on Monday, the third day of May, in the year of our Lord one thousand eight hundred and forty-seven:

The jurors of and for the district of Charleston, aforesaid, in the State of South Carolina, aforesaid, upon their oaths present, that Eliza Rowand, the wife of Robert Rowand, Esq., not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on the 6th day of January, in the year of our Lord one thousand eight hundred and forty-seven, with force and arms, at Charleston, in the district of Charleston, and state aforesaid, in and upon a certain female slave of the said Robert Rowand, named Maria, in the peace of God, and of the said state, then and there being, feloniously, maliciously, wilfully, deliberately, and of her malice aforethought, did make an assault; and that a certain other slave of the said Robert Rowand, named Richard, then and there, being then and there in the presence and by the command of the said Eliza Rowand, with a certain piece of wood, which he the said Richard in both his hands then and there had and held, the said Maria did beat and strike, in and upon the head of her the said Maria, then and there giving to her the said Maria, by such striking and beating, as aforesaid, with the piece of wood aforesaid, divers mortal bruises on the top, back, and sides of the head of her the said Maria, of which several mortal bruises she, the said Maria, then and there instantly died; and that the said Eliza Rowand was then and there present, and then and there feloniously, maliciously, wilfully, deliberately, and of her malice aforethought, did order, command, and require, the said slave named Richard the murder and felony aforesaid, in manner and form aforesaid, to do and commit. And as the jurors aforesaid, upon their oaths aforesaid, do say, that the said Eliza Rowand her the said slave named Maria, in the manner and by the means, aforesaid, feloniously, maliciously, wilfully, deliberately, and of her malice aforethought, did kill and murder against the form of the act of the General Assembly of the said state in such case made and provided, and against the peace and dignity of the same state aforesaid.

And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said Eliza Rowand, not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, on the sixth day of January, in the year of our Lord one thousand eight hundred and forty-seven, with force and arms, at Charleston, in the district of Charleston, and state aforesaid, in and upon a certain other female slave of Robert Rowand, named Maria, in the peace of God, and of the said state, then and there being, feloniously, maliciously, wilfully, deliberately, and of her malice aforethought, did make an assault; and that the said Eliza Rowand, with a certain piece of wood, which she, the said Eliza Rowand, in both her hands then and