Note 14 — THE AMERICAN LIBRARY. [12]

The following summing-up by a judge on a trial for murder gives us a singular specimen (if it can be depended on) of the dignity of the ermine as sustained in South Carolina some half century ago. A murder had been committed on one Major Spencer; the details, natural and supernatural, we have no space for; suffice it to say, that the evidence against the accused left no doubt of his guilt. The judge (an Irishman by birth,) "who it must be understood was a real existence, and who had no small reputation in his day in the south," thus charged the jury. "'Fore God," said the judge, "the prisoner may be a very innocent man, after all, as, by my faith, I do think there have been many murderers before him; but he ought nevertheless to be hung as an example to all other persons who suffer such strong proofs of guilt to follow their innocent misdoings. Gentlemen of the jury, if this person Macleod, or Macnab, didn't murder Major Spencer, either you or I did; and you must now decide which of us it is! I say, gentlemen of the jury, either you, or I, or the prisoner at the bar, murdered this man; and if you have any doubts which of us it was, it is but justice and mercy that you should give the prisoner the benefit of your doubts; and so find your verdict. But, before God, should you find him not guilty, Mr Attorney there can scarcely do any thing wiser than to put us all upon trial for the deed." (P. 31.)