We had no fire in the range the next morning, but the plumbers did not come until four o'clock in the afternoon, and then they merely dumped a cart load of lime-boxes and hoes upon the asparagus bed and went home. An interval of four days elapsed before we heard of them again; and meanwhile the cook twice nearly killed herself by stumbling over the tools while going out into the shed in the dark. One morning, however, the gang arrived before I had risen; and when I came down to breakfast, I found that they had made a mortar bed on our best grass plot, and had closed up the principal garden walk with a couple of wagon loads of sand. I endured this patiently because it seemed to promise speedy performance of the work. The plumbers, however, went away at about nine o'clock, and the only reason we had for supposing they had not forgotten us was that a man with a cart called in the afternoon and shot a quantity of bricks down upon the pavement in such a position that nobody could go in or out of the front gate. Two days afterward the plumbers came and began to make a genuine effort to reach the boiler. It was buried in the wall in such a manner that it was wholly inaccessible by any other method than by the removal of the bricks from the outside. The man who erected the house evidently was a party with the plumber to a conspiracy to give the latter individual something to do. They labored right valiantly at the wall, and by supper-time they had removed at least twelve square feet of it, making a hole large enough to have admitted a locomotive. Then they took out the old boiler and went away, leaving a most discouraging mass of rubbish lying about the yard.
That was the last we saw of them for more than a week. Whenever I went after the plumber for the purpose of persuading him to hasten the work, I learned that he had been summoned to Philadelphia as a witness in a court case, or that he had gone to his aunt's funeral, or that he was taking a holiday because it was his wife's birthday, or that he had a sore eye. I have never been able to understand why the house was not robbed. An entire brigade of burglars might have entered the cottage and frolicked among its treasures without any difficulty. I did propose at first that Bob and I should procure revolvers and take watch and watch every night until the breach in the wall should be repaired; but Mr. Parker did not regard the plan with enthusiasm, and it was abandoned. We had to content ourselves with fastening the inner door of the kitchen as securely as possible, and we were not molested. But we were nervous. Mrs. Adeler, I think, assured me positively at least twice every night that she heard robbers on the stairs, and entreated me not to go out after them; and I never did.
Finally the men came and began to fill the hole with new bricks. That evening the plumber walked into my parlor with mud and mortar on his boots, and informed me that by an unfortunate mistake the hole left for the boiler by the bricklayers was far too small, and he could not insert the boiler without taking the wall down again.
"Mr. Nippers," I said, "don't you think it would be a good idea for me to engage you permanently to labor upon that boiler? From the manner in which this business has been conducted, I infer that I can finally be rid of annoyance about such matters by employing a perennial plumber to live for ever in my back yard, and to spend the unending cycles of eternity banging boilers and demolishing walls."
Mr. Nippers said, with apparent seriousness, that he thought it would be a first-rate thing.
"Mr. Nippers, I am going to ask a favor of you. I do not insist upon compliance with my request. I know that I am at your mercy. Nippers, you have me, and I submit patiently to my fate. But my family is suffering from cold, we are exposed to the ravages of thieves, we are deprived of the means of cooking our food properly, and we are made generally uncomfortable by the condition of our kitchen. I ask you, therefore, as a personal favor to a man who wishes you prosperity here and felicity hereafter, and who means to settle your bill promptly, to fix that boiler at once."
Mr. Nippers thereupon said that he always liked me, and he swore a solemn oath that he would complete the job next day without fail. That was on Tuesday. Neither Nippers nor his men came again until Saturday, and then they put the boiler in its place and went away, leaving four or five cart loads of ruins in the yard. On Sunday the boiler began to leak as badly as ever, and I feel sure Nippers must have set the old one in again, although when he called early Monday morning with a bill for $237-84/100, which he wanted at once because he had a note to meet, he declared upon his honor that the boiler was a new one, and that it would not leak under a pressure of one thousand pounds to the square inch.
I am going to buy a cooking stove, and defy Nippers and the entire plumbing fraternity.
Cooley's boy has been in trouble again. Yesterday morning Mrs. Adeler heard loud screaming in Cooley's yard, and in a few moments a servant came to say that Mrs. Cooley wished to see Mrs. Adeler at once. Mrs. A. hurried over there, supposing that something terrible had happened. She found Mrs. Cooley shaking her boy and crying, while the lad stood, the picture of misery and fright, his eyes protruding from his head and his hands holding his stomach. Mrs. Cooley explained in a voice broken with sobs that Henry had been playing with a small "mouth organ," and had accidentally swallowed it. The case was somewhat peculiar; and as Mrs. Adeler was not familiar with the professional methods which are adopted in such emergencies, she recommended simply a liberal use of mustard and warm water. The application was ultimately successful, and the missing musical instrument was surrendered by the boy. The incident is neither interesting nor remarkable, and I certainly should not have mentioned it but for the fact that it had a result which is perhaps worth chronicling here.
Last evening Bob came into the sitting-room and behaved in a manner which led me to believe that he had something on his mind. I asked him if anything was the matter. He said,
"Well, no; not exactly. The fact is I've been thinking about that accident to Cooley's boy, and it kind of suggested something to me."
"What was the nature of the suggestion?"
"I've jotted it down on paper. I've half a notion to send it to the Argus if you think it's good enough, and that's what I want to find out. I want to hear your opinion of the story. I don't do much of this sort of thing, and I'm kind of shy about it. Shall I read it?"
"Of course; let us hear it."
"I'm going to call it 'The Fate of Young Chubb.' I expect it'll make old Cooley mad as fury when he sees it. It is founded upon the catastrophe of which his boy was the victim."
When Mr. Chubb, the elder, returned from Europe, he brought with him from Geneva a miniature musical box, long and very narrow, and altogether of hardly greater dimensions, say, than a large pocket-knife. The instrument played four cheerful little tunes for the benefit of the Chubb family, and they enjoyed it. Young Henry Chubb enjoyed it to such an extent that, one day, just after the machine had been wound up ready for action, he got to sucking the end of it, and in a moment of inadvertence it slipped, and he swallowed it. The only immediate consequence of the accident was that a harmonic stomach-ache was organized upon the interior of Henry Chubb, and he experienced a restlessness which he well knew would defy peppermint and paregoric.
Henry Chubb kept his secret in his own soul, and in his stomach also, determined to hide his misery from his father, and to spare the rod to the spoiled child—spoiled, at any rate, as far as his digestive apparatus was concerned.
But that evening, at the supper-table, Henry had eaten but one mouthful of bread when strains of wild, mysterious music were suddenly wafted from under the table. The family immediately made an effort to discover whence the sounds came, although Henry Chubb sat there filled with agony and remorse and bread and tunes, and desperately asserted his belief that the music came from the cellar, where the servant-girl was concealed with a harp. He well knew that Mary Ann was unfamiliar with the harp. But he was frantic with anxiety to hide his guilt. Thus it is that one crime leads to another.
But he could not disguise the truth for ever, and that very night, while the family was at prayers, Henry all at once began to hiccough, and the music box started off without warning with "Way down upon the Suwanee River," with variations. Whereupon the paternal Chubb arose from his knees and grasped Henry kindly but firmly by his hair and shook him up and inquired what he meant by such conduct. And Henry asserted that he was practicing something for a Sunday-school celebration, which old Chubb intimated was a singularly thin explanation. Then they tried to get up that music box, and every time they would seize Henry by the legs and shake him over the sofa cushion, or would pour some fresh variety of emetic down his throat, the instrument within would give a fresh spurt, and joyously grind out "Listen to the Mocking Bird" or "Thou'lt Never Cease to Love."
At last they were compelled to permit that musical box to remain within the sepulchral recesses of young Chubb. To say that the unfortunate victim of the disaster was made miserable by his condition would be to express in the feeblest manner the state of his mind. The more music there was in his stomach, the wilder and more completely chaotic became the discord in his soul. As likely as not it would occur that while he lay asleep in the middle of the night the works would begin to revolve, and would play "Home, Sweet Home" for two or three hours, unless the peg happened to slip, when the cylinder would switch back again to "Way down upon the Suwanee River," and would rattle out that tune with variations and fragments of the scales until Henry's brother would kick him out of bed in wild despair, and sit on him in a vain effort to subdue the serenade, which, however, invariably proceeded with fresh vigor when subjected to unusual pressure.
And when Henry Chubb went to church, it frequently occurred that, in the very midst of the most solemn portion of the sermon, he would feel a gentle disturbance under the lower button of his jacket; and presently, when everything was hushed, the undigested engine would give a preliminary buzz and then reel off "Listen to the Mocking Bird" and "Thou'lt Never Cease to Love," and scales and exercises, until the clergyman would stop and glare at Henry over his spectacles and whisper to one of the deacons. Then the sexton would suddenly tack up the aisle and clutch the unhappy Mr. Chubb by the collar and scud down the aisle again to the accompaniment of "Home, Sweet Home," and then incarcerate Henry in the upper portion of the steeple until after church.
But the end came at last, and the miserable boy found peace. One day while he was sitting in school endeavoring to learn his multiplication table to the tune of "Thou'lt Never Cease to Love," his gastric juice triumphed. Something or other in the music box gave way all at once, the springs were unrolled with alarming force, and Henry Chubb, as he felt the fragments of the instrument hurled right and left among his vitals, tumbled over on the floor and expired.
At the post mortem examination they found several pieces of "Home, Sweet Home" in his liver, while one of his lungs was severely torn by a fragment of "Way down upon the Suwanee River." Small particles of "Listen to the Mocking Bird" were removed from his heart and breast-bone, and three brass pegs of "Thou'lt Never Cease to Love" were found firmly driven into his fifth rib.
They had no music at the funeral. They sifted the machinery out of him and buried him quietly in the cemetery. Whenever the Chubbs buy musical boxes now, they get them as large as a piano and chain them to the wall.
While Bob was engaged in reading the account of the melodious misery of the unhappy Chubb, Lieutenant Smiley came in, and the result was that both became uneasy. Bob disliked to subject himself to the criticism of a man whom he regarded as an enemy, and the lieutenant was so jealous of Bob's success that he began instantly to try to think of something that would enable him at least to maintain his reputation as a teller of stories.
"That is very good indeed, Bob," I said. "Bangs will be only too glad to publish it. It is very creditable. Put your name to it, however, if it goes into the Argus, or the colonel will persuade the community that he is the author of it."
"He will have to get a new brain-pan set in before he can write anything as good," said Bob.
"It is a very amusing story," remarked Mrs. Adeler. "I had no idea that you ever attempted such things. It is quite good, is it not, lieutenant?"
"Oh, very good indeed," said Smiley. "V-e-r-y good. Quite an achievement, in fact. Ha! ha! do you know that name 'Chubb' reminds me of a very comical incident."
"Indeed?"
"Ha! yes! Old General Chubb was the actor in it. Perhaps you knew him, Parker?"
"No, I didn't," growled Bob.
"Well, he was a very eccentric old man. Deuced queer, you know, and the most absent-minded person that ever lived. He had a wooden leg late in his life, and I've often known him to put that leg on backward with the toes pointing behind him, and then he would come jolting down the street in the most extraordinary manner, with his good knee bending north and his timber knee doubling up southwardly; and when I would meet him, he would stop and growl because the authorities kept the pavements in such bad repair that a man could hardly walk."
"I don't see anything very funny about that," said Bob, impolitely and savagely.
"Well, one day a few months ago," continued Smiley, without noticing Mr. Parker's ill-nature, "he sauntered into the studio of the celebrated marine painter Hamilton, in Philadelphia. The artist was out at the moment, but standing upon the floor was a large and very superb picture of the sea-beach, with the surf rolling in upon it. The general stood looking at it for a while, until his mind wandered off from the present, and under the influence of the picture he was gradually impressed with a vague notion that he was at the seashore. So, still gazing at the painting, he slowly removed his clothes, and finally stood in a revery without a stitch upon him. Then he clasped his nose with his fingers, bent his neck forward and plunged head foremost into the surf. The people on the floor below thought there was an earthquake. The artist came rushing in, and found General Chubb with his head against the washboard, one leg hanging from the ragged surf and the toes of his left foot struggling among the ruins of the lighthouse. Hamilton has that torn picture yet. He says that Chubb's dive is the highest tribute ever paid to his genius."
As the lieutenant finished the narrative, Bob rose and left the room with the suggestion, muttered as he passed me, that the story was tough.
"Mr. Parker don't seem well," remarked the lieutenant when Bob had gone.
"Oh yes, he is perfectly well. I imagine that he does not regard you with precisely the same amount of enthusiastic admiration that he might perhaps feel if you were not treading on his toes a little."
"Oh," laughed the lieutenant, "you refer, of course, to our relations with the Magruders? I don't like to talk much about that matter, of course; it is delicate, and you may think I am meddling with a business in which I have no concern. But perhaps I may as well tell you frankly that Parker has no earthly chance there—not the least in the world. The young lady won't smile on him. I am as certain of that as I am of death."
"You are positive of that, are you?"
"Yes, sir, you can rely upon my word. Parker might as well give it up. By the way, I wonder if he has gone down there now?"
"Very likely."
"Well, I must say good-night, then; I promised to call there at half-past eight, and it is time to be off."
So Lieutenant Smiley bade us adieu. Mrs. Adeler immediately asked:
"Do you believe what that man says?"
"Certainly not, my dear. I have as much faith as a dozen ordinary men, but it would require a grand army to believe him. He is foolish enough to hope to frighten Bob away. But Bob shall settle the matter to-morrow. If he doesn't, we will disown him. The end of the campaign has come. Now for victory or defeat!"
An Evil Day—Flogging-Time in New Castle—How the Punishment is Inflicted—A Few Remarks upon the General Merits of the System—A Singular Judge—How George Washington Busby was Sentenced—Emotions of the Prisoner—A cruel Infliction, and a Code that ought to be Reformed.
This is St. Pillory's Day. It is the day upon which humane and liberal Delawarians hang their heads for shame at the insult offered to civilization by the law of their State. That law this morning placed half a dozen miserable creatures in the stocks, and then flogged them upon their naked flesh with a cat-o'-nine-tails. It was no slight thing to stand there wearing that wooden collar in this bitter November weather, with the north-east wind blowing in fierce gusts from the broad expanse of the river; and one poor wretch who endured that suffering was so benumbed with cold that he could hardly climb down the ladder to the ground. And when he had descended, they lashed his back until it was covered with purple stripes. He had stolen some provisions, and he looked as if he needed them, for he seemed hungry and forlorn and utterly desperate with misery. It would have been a kindlier act of Christian charity if society, instead of mutilating his body, had fed it and clothed it properly, and placed him in some reformatory institution where his soul could have been taken care of. But that is not the method that prevails here.
The gates of the prison yard were wide open when the punishment was inflicted upon these offenders, and among the spectators were at least two or three score children gathered to look upon the barbarous spectacle. Nothing could induce me to permit mine to witness it. The influence of such a scene is wholly brutalizing. The child that has seen that sacrifice has lost some of the sweetness and tenderness of its better nature.
The whipping-post and pillory is a sturdy bit of timber a foot square. Eight or nine feet from the ground it pierces a small platform, and five feet above this there is a cross-piece which contains in each of its two arms a hole for the neck and two holes for the wrists of the man who is to be pilloried. The upper half of the arm lifts to admit the victim, and then closes upon him, sometimes very tightly. It is fastened down with a wedge-shaped key, shot into the centre-post. Beneath the platform hangs a pair of handcuffs in which the wrists of those who are to be flogged are placed. The whole machine looks like a gigantic cross. It is black with age, covered with patches of green mold and moss, and shrunken and split until the grain of the wood protrudes in ridges.
There was a time in the past when it stood, an instrument of cruel torture, upon the public street. It was planted in the green just at the end of the old market house, and there the criminals were lashed by the sheriff. Any of the old men who have spent their lives in this place can tell how, when they were boys, it was the custom for the urchins and the loafers of the town to pelt any poor rogue who was pilloried with whatever missiles happened to be at hand; and often the creatures thus abused were taken down from the stocks and tied up to the post, there to have their flesh lacerated with the leather thongs. They used to flog women, too. They flogged women in the open street, with their garments torn away from their bodies above the waist, and the gaping crowd gathered about and witnessed without shame that dreadful spectacle.
But that was more than half a century ago. Who shall say that we do not advance in civilization? Who can assert that these people have not acquired a higher sense of decency, when public opinion has compelled the removal of this abominable relic of barbarism to the jail-yard, and the performance of the penalty in another place than before the doors of the temple where a God of mercy is worshiped? I hope that the day is not far distant when the whipping-post and the infernal system that sustains it will go down together, and when the people of this State will learn that their first duty to a criminal is to strive to make him a better man.
They say here, in apologizing for the institution, that the punishment is not severe, because the sheriff never makes savage use of the lash. But it is a terrible infliction, no matter how lightly the blows are struck, for it is imposed in the presence of a multitude, and the sufferer feels that he is for ever to be known among men as a thief. The thongs do not always fall gently; the force of the lash depends upon the will of the sheriff, who may kill a man with the number of blows which in another case give no pain. I say that any law which places such discretionary power in the hands of an executive officer who may be bribed or frightened, or who may have some personal injury to avenge, defeats the true end of justice. The court should fix the penalty absolutely. They say here, also, that no man is ever flogged a second time. That is untrue. The same men do return again and again. Some do not; but where do they go? Why, to other communities, where they perpetrate other crimes and become a burden upon other people. We have no right to breed criminals and then to drive them into cities and towns that have already enough of their own. We are under a sacred obligation to place them in prisons supported by the money of the State, and there to attempt to teach them arts by which they may earn their bread if they will. In such a place a convict can be reached by those philanthropists who realize what society owes to its criminal classes. But as he is treated now, it is impossible that he should ever lift himself or be lifted to a purer and better life.
Fallen angels in Delaware never rise again. Law clips their wings and stamps upon them with its heel, and society shakes off the dust of its feet upon them and curses them in their degradation. The gates of mercy are shut upon them hopelessly and for ever, and they walk abroad with the story of their shame blazoned upon them, as the women who wore the Scarlet Letter in the old Puritan times in New England, that all the world may read it. They know that their punishment has been fierce and terrible and out of all proportion to their offence, and they curse their oppressors and hate them with a bitter, unrelenting hatred. They know they will not be allowed to reform, and that the law which should have led them to a better future has cut them off from fellowship with their race, robbed them of their humanity and made pariahs and outcasts of them. They are turned to stone, and they come out of their prisons confirmed, hopeless criminals.
A certain judge who administered Delaware justice here once upon a time (we will say it was a thousand years ago) was a very peculiar man in certain of his methods. I do not know whether he was merely fond of listening to the music of his own voice, as too many less reverend and awful men are, or whether he really loved to torture the prisoners in the dock, when he sentenced them, by keeping them in suspense respecting his intentions, and by exciting hopes which he finally crushed. But he had a way of assuming a mild and benevolent aspect as he addressed a convicted man which was very reassuring to the unhappy wight, and then he usually proceeded to deliver a few remarks which were so ingeniously arranged, which expressed such tender and affectionate sympathy, which were so highly charged with benevolence, so expressive, as it were, of a passionate yearning for the welfare of the victim, that the latter at last would be convinced that the judge was about to give him an exceedingly light sentence. Just as he had gotten himself into a frame of mind suitable to the unexpected brightness of his prospects, the judge's custom was to bring his observations suddenly to an end, and to hurl at the head of the convict, still with that philanthropic expression upon his countenance, the most frightful penalty permitted by the law.
On a certain day, while a certain historian was in court, he was engaged in exercising a youth named Busby in this fashion. Busby, it appears, was accused of stealing seventy-five cents' worth of old iron from somebody, and the jury had found him guilty.
Busby was ordered to stand up, and the judge, permitting a peculiarly bland smile to play upon his features, gazed tenderly at the prisoner, while he placed a small pinch of tobacco in his mouth; and then, drawing a long breath, he began:
"George Washington Busby, you have been found guilty by a jury of your fellow-countrymen of an offence against society and against the peace and dignity of the commonwealth of Delaware, and I have now to impose upon you the penalties provided by the law. I am very, very sorry to see you here, George, and it grieves my heart to be compelled to fulfill the obligation devolving upon me as a judicial officer. Pause, I entreat you, at this the very outset of your career, and reflect upon what you are casting from you. You are a young man; you are, as it were, in the very morning of your life; a bright and happy home is yours, and around you are the kind parents and friends who have made you the child of their prayers, who have guided your footsteps from infancy, who have loved and cherished you and made for you mighty sacrifices.
"You have a mother"—and here the judge's voice faltered and he wiped away a tear—"a mother at whose knee you were taught to lisp your earliest devotions, and who has watched over you and ministered to you with that tender and fervent love that only a mother can feel. You have a father who looked upon you with a heart swelling with pride, and who gave to you the heritage of his honest name. Up to the time when, yielding to the insidious wiles of the tempter, you committed this crime, your character had been irreproachable, and it seemed as if the brightest promises of your childhood were to have rich and beneficent fulfillment. For you the vista of the future appeared serene and beautiful; a pure and noble manhood seemed to await you, and all the blessings which may be gained by an unspotted reputation, by persistent energy and by earnest devotion to the right were to be yours."
Here Busby began to feel considerably better. He was assured that such a kind old man as that could not treat him with severity, and he informed the tipstaff in a whisper that he calculated now on about sixty days' imprisonment at the furthest.
The judge shifted the quid in his cheek, blew his nose, and resumed:
"How difficult it is, then, for me to determine the precise measure of your punishment! Knowing that the quality of mercy is not strained, and that as we forgive so shall we be forgiven, how painful it is for me to draw the line between undue leniency and the demands of outraged law! Considering, I say, all these things, that are so much in your favor—your youth, your happy home, where the holiest influences are shed upon your path, where parental love covers you with its most gracious benediction, where your devoted mother lies stricken with anguish at the sin of her idolized son, where your aged father has his gray hairs brought down in sorrow to the grave, where you have been nurtured and admonished and taught to do right—"
"Certainly he can't intend to give me more than one month," said Busby to the tipstaff.
"Considering that this is your first offence; that your conduct hitherto has been that of an honest young man, and that the lesson you have learned from this bitter and terrible experience will sink deeply into your heart; that you have opening out to you in the possible future a life of usefulness and honor, with a prospect of redeeming this single error and winning for yourself a respected name—"
"He can't decently give me more than twenty days after that," suggested Busby.
The judge, after wiping the moisture from his eyes and borrowing a morsel of tobacco from the prosecuting attorney, continued:
"In view of all these extenuating circumstances, in view of the fact, fully recognized by this court, that justice is not revengeful, but exercises its highest prerogative in leading the fallen to reformation and moral improvement—in view, I say, of the fact that you are in the very spring-time of your existence, with the vista of the future opening out with alluring brightness before you and giving promise of higher and better things—in view of those sorrowing parents the child of whose prayers you are; of that mother who guided your infant steps and cared for you with the yearning tenderness of maternal love, of that venerable father who looks upon you as the staff of his old age; considering, too, that this is your first misstep from the path of duty—"
"Two weeks as sure as death!" exclaimed Mr. Busby, joyfully, to the officer beside him.
"The path of duty," continued the judge, "and that up to the moment of the commission of the deed you had been above suspicion and above reproach,—in view of all this," remarked the judge, "I have thought it my duty, minister of the law though I am, and bound though I am by my oath to vindicate the insulted majesty of that law—"
"If he gives me more than one week, I will never trust signs again," murmured Busby.
"I say that although I am bound to administer justice with an impartial hand, I feel it to be incumbent upon me in this particular instance, in consequence of these extenuating circumstances, to mete it out so that, while the law will be vindicated, you may be taught that it is not cruel or unkind, but rather is capable of giving the first generous impulse to reformation."
"He certainly means to let me off altogether," exclaimed Busby.
"In view, then, of these mitigating circumstances of your youth, your previous good character, your happy prospects, your afflicted parents and your own sincere repentance, the sentence of the court is: That you, George Washington Busby, the prisoner at the bar, do pay seventy-five cents restitution money and the costs of this trial, and that on Saturday next you be whipped with twenty lashes on the bare back, well laid on; that you be imprisoned for six months in the county jail, and that you wear a convict's jacket in public for one year after your release. Sheriff, remove the prisoner from the court."
Then the judge beamed a mournful but sympathetic smile upon Busby, secured the loan of another atom of tobacco, spat on the floor and called up the next case.
Mrs. Adeler, you laugh and say that I have indulged in gross exaggeration in reproducing the sentence. Not so. I tell you that I have known a boy of thirteen to have that condemnation, couched in almost precisely those words, hurled at him from the bench of the New Castle court-house because he stole a bit of iron said to be worth seventy-five cents. And I was present among the spectators in the jail yard when the sheriff lashed the lad until he writhed with pain. It was infamous—utterly infamous. I cannot, perhaps, justly accuse the judge who imposed the sentence upon the boy of indulging in the lecture which has just been quoted. That, as I have said, may be attributed to a magistrate who lived ten centuries ago. But the sentence is genuine, and it was given recently. I do not blame the judge. He acted under the authority of statutes which were created by other hands. But the law is savagery itself, and the humane men of this State should sweep it from existence.
A Delaware Legend—A Story of the Old Time—The Christmas Play—A Cruel Accusation—The Flight in the Darkness along the River Shore—The Trial and the Condemnation—St. Pillory's Day seventy Years ago—Flogging a Woman—The Deliverance.
While the scenes at the whipping-post on flogging-day are fresh in my mind, I have written down the story of Mary Engle. It is a Delaware legend, and the events of which it speaks occurred, I will say, seventy-odd years ago, when they were in the habit of lashing women in this very town of New Castle.
It was on Christmas day that a little party had assembled in the old Newton mansion to participate in the festivities for which, at this season of the year, it was famous all the country over. The house stood upon the river bank, three miles and more from New Castle, and in that day it was considered the greatest and handsomest building in the whole neighborhood. A broad lawn swept away from it down to the water's edge, and in summer-time this was covered with bright-colored flowers and bounded by green hedges. Now the grass was bleached with the cold; the hedges were brown and sere, and the huge old trees, stripped of their foliage, moaned and creaked and shivered in the wind, rattling their branches together as if seeking sympathy with each other in their desolation.
Inside the mansion the scene was as cheerful as life and fun and high spirits could make it.
Old Major Newton, the lord and master of all the wide estates, was one of the race of country gentlemen who introduced to this continent the manners, habits and large hospitality of the better class of English squires of his day. He was a mighty fox-hunter, as many a brush hung in his dining-hall could attest. A believer in the free use of the good things of life, his sideboard always contained a dozen decanters, from which the coming, the remaining and the parting guests were expected to follow the major's example in drinking deeply. His table was always profusely supplied with good fare, and dining with him was the great duty and pleasure of the day. He was a gentleman in education, and to some extent in his tastes; but his manners partook of the coarseness of his time, for he swore fierce oaths, and his temper was quick, terrible and violent. His forty negro slaves were treated with indulgent kindness while they obeyed him implicitly, but any attempt at insubordination upon their part called down upon their heads a volley of oaths and that savage punishment which the major considered necessary to discipline.
To-day the major had been out of spirits, and had not joined heartily in the hilarity of the company, which, despite the gloom of the master, made the old house ring with the merriment and laughter due to the happiness of Christmas time.
At five o'clock dinner was done; and the ladies having withdrawn, the cloth was removed, the wine and whisky and apple-toddy, and a half dozen other beverages, were brought out, and the major, with his male guests, began the serious work of the repast. The major sat at the head of the table; Dr. Ricketts, a jolly bachelor of fifty, who neglected medicine that he might better spend his fortune in a life of ease and pleasure, presided at the lower end of the board, upon the flanks of which sat a dozen gentlemen from the neighboring estates, among them Tom Willitts, from the adjoining farm, and Dick Newton, the major's only son.
The conversation languished somewhat. The major was as gloomy as he had been earlier in the day. Dick seemed to sympathize with his father. Tom Willitts was impatient to have the drinking bout over, that he might go to the parlor, where his thoughts already wandered, and where his fiancée, Mary Engle, the fair governess in the major's family, awaited him. The guests at last began to be depressed by the want of spirits in their host; and if it had not been for Doctor Ricketts, there would have been a dull time indeed. But the doctor was talkative, lively and wholly indifferent to the taciturnity of his companions. His weakness was a fondness for theorizing, and he rattled on from topic to topic, heedless of anything but the portly goblet which he replenished time and again from the decanter and the punch-bowl.
At last he exclaimed, in the hope of rousing his host from his apparent despondency, "And now let's have a song from the major. Give us the 'Tally Ho!' Newton."
"I can't sing it to-day, gentlemen," said the major; "the fact is I am a good deal out of sorts. I have met with a misfortune, and I—"
"Why, what's happened?" exclaimed the whole company.
"Why," said the major, with an oath, "I've lost my famous old diamond brooch—a jewel, gentlemen, given to my father by George II.—a jewel that I valued more than all the world beside. It was the reward given to my father for a brave and gallant deed at the battle of Dettingen, and its rare intrinsic value was trifling beside that which it possessed as the evidence of my father's valor."
"How did you lose it, major?" asked the doctor.
"I went to my desk this morning, and found that the lock had been picked, the inside drawer broken open and the brooch taken from its box."
"Who could have done it?"
"I can't imagine," replied the major; "I don't think any of those niggers would have done such a thing. I've searched them all, but it's of no use, sir—no use; it's gone. But if I ever lay hands on the scoundrel, I'll flay him alive—I will, indeed, even if it should be Dick there;" and the old man gulped down a heavy draught of port, as if to drown his grief.
"My theory about such crimes," said the doctor, "is that the persons committing them are always more or less insane."
"Insane!" swore the major, fiercely. "If I catch the man who did this, I'll fit him for a hospital!"
"We are all a little daft at times—when we are angry, in love, in extreme want, or excited by intense passion of any kind," said the doctor. "Extreme ignorance, being neglect of one's intellectual faculties, is a kind of insanity, and so is the perversion of the moral perceptions of those who are educated to a life of crime from their childhood. My theory is that punishment should be so inflicted as to restore reason, not merely to wreak vengeance."
"And my theory is that every vagabond who breaks the laws ought to be flogged and imprisoned, so that he may know that society will not tolerate crime. Hang your fine-spun theories about the beggars who prey upon the community!" said the major, rising and kicking back his chair ill-naturedly.
The doctor had nothing more to say, and the company withdrew to the parlor.
There, gathered around the great fireplace, sat Mrs. Newton, her daughters—both children—Mary Engle, their tutor, Mrs. Willitts and the wives of the gentlemen who had come from the dinner-table.