Self-Raised; Or, From The Depths - Self-Raised; Or, From the Depths Part 106
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Self-Raised; Or, From the Depths Part 106

"Quite, my lord."

"Aweel, then, I suppose we may proceed," said Sir Alexander.

"At your worship's convenience," replied Mr. Bruce, with a bow.

And thereupon the proceedings commenced. The magistrate took up the warrant that had been issued for the arrest of the prisoners, and read it to them aloud. Then addressing them both, he said:

"Malcolm, Laird Vincent, and you, Faustina Dugald, are herein charged wi' having felonious conspired against the guid character o'

Claudia, Viscountess Vincent, and to farther said conspiracy, wi'

having abducted and sold into slavery the bodies of three negroes, named herein--Catherine Mortimer, James Mortimer, and Sarah Sims; whilk are felony against the peace and dignity o' the Queen's majesty, and punishable by penal servitude, according to the statute in sich cases made and provided. What hae ye to say for yoursel's in answer to this charge?"

"I deny it _in toto_. And I think it infamous that I should be called to answer such an insulting charge," said the viscount with a fine assumption of virtuous indignation.

"And sae do I think it infamous; I agree wi' ye there, lad! But as to whilk pairty the infamy attaches to, there we may differ," said the magistrate, nodding.

The viscount drew himself up in haughty silence, as though he disdained farther reply.

"And noo, Faustina Dugald, what hae ye to say for yoursel'?"

"I did not conspire! I did not abduct! I did not sell into slavery any negro bodies! I did not do anything wrong! Not I myself!" cried Faustina vehemently,

"There, there, that will do. We will hear the testimony on this case. Let Ishmael Worth, of Washington, come forward," said the magistrate.

Ishmael advanced, bowed to the magistrate, and stood waiting.

"Ross, administer the oath," said the magistrate.

The clerk took a copy of the Holy Scriptures and held them towards Ishmael, at the same time dictating the oath, according to the custom of such officials.

But Ishmael, at the very onset, courteously interrupted him by saying gently:

"I am conscientiously opposed to taking an oath; but I will make a solemn affirmation of the truth of what I am about to state."

There was some objection made by the counsel for the prisoners, some hesitation upon the part of the clerk, some consultation with the magistrate; and finally it was decided that Mr. Worth's solemn affirmation should be accepted in lieu of an oath.

"I am sorry," said Ishmael courteously, "to have made this difficulty about a seemingly small matter; but in truth, no point of conscience is really a small matter."

"Certainly no," responded the magistrate.

Ishmael then made his formal affirmation, and gave in his testimony.

First of all he identified the negroes--Catherine Mortimer, James Mortimer, and Sarah Sims--as the servants, first of Judge Randolph Merlin, of Maryland, and of his daughter Claudia, Lady Vincent. Then he testified to the fact of the finding of the negroes, each in a state of slavery, in the island of Cuba; their recovery by Judge Merlin; and their return, in his company, to Scotland.

At the conclusion of this evidence the counsel for the prisoners made some sarcastic remarks about the reliability of the testimony of a witness who refused to make his statement upon oath; but he was sharply rebuked for his pains by the magistrate.

"Judge Randolph Merlin will please to come forward," was the next order of the clerk.

"I have no conscientious scruples about taking an oath, though I certainly honor the scruples of others. And I am ready to corroborate upon oath the testimony of the last witness," said Judge Merlin, advancing and standing before the magistrate. The oath was duly administered to him, and he began his statement.

He also identified the three negroes as his own family servants, who were transferred to his daughter's service on the occasion of her marriage with Lord Vincent, and who were taken by her to Scotland.

He likewise testified to the facts of finding the three negroes in the city of Havana in a condition of slavery, and the repurchasing and transporting them to Scotland.

The counsel for the accused took various exceptions to the evidence given in by this witness; but his exceptions were set aside by the magistrate as vexatious and immaterial.

Then he cross-examined the witness as severely as if the case, instead of being in a magistrate's office, were before the Lords Commissioners of the Assizes. But this cross-examination only had the effect of emphasizing the testimony of the witness, and impressing the facts more firmly upon the mind of the magistrate.

And then, as the counsel could make nothing by perseverance in this course, he permitted the witness to sit down.

"Catherine Mortimer will come forward," said the clerk.

"That's me! I's got leabe to talk at last!" said old Katie, with a malignant nod at the accused. And she stepped up, folded her arms upon her bosom, threw back her head, and stood with an air of conscious importance most wonderful to behold.

"Your name is Catherine Mortimer?" said the clerk.

"Yes, young marse--yes, honey, dat my name--Catherine Mortimer.

Which Catherine were the name giben me by my sponsibles in baptism; and Mortimer were de name 'ferred upon me in holy matrimony by my late demented 'panion; which he was de coachman to ole Comedy Burghe, as fought de Britishers in the war of eighteen hundred and twelve."

"What the de'il is the woman talking about?" here put in the magistrate.

"She is giving testimony in this case," sarcastically answered the counsel for the accused.

"My good woman, we don't want to hear any of your private history previous to the time of your first landing on these shores. We want to know what happened since. Your name, you say, is Catherine Mortimer--"

"Hi, young marse, what I tell you? Sure it is; Catherine Mortimer, 'spectable widder 'oman, 'cause Mortimer, poor man, died of 'sumption when he was 'bout forty-five years of age, which I hab libed ebber since in 'spectable widderhood, and wouldn't like to see de man as would hab de imperance to ax me to change my condition,"

said Katie, rolling herself from side to side in the restlessness of her intense self-consciousness.

"Catherine Mortimer, do you understand the nature of an oath?"

inquired the clerk.

"Hi, young marse, what should 'vent me? Where you think I done been libbin all my days? You mus' think how I's a barbarium from the Stingy Isles!" replied Katie indignantly.

"I ask you--do you understand the nature of an oath, and I require you to give a straightforward answer," said the clerk.

"And I think it's berry 'sultin' in you to ax a' spectable colored 'oman any such question. Do I understan' de natur' ob an oaf? You might 's well ax me if I knows I's got a mortal soul to be save'!

Yes, I does unnerstan' de natur' ob an oaf. I knows how, if anybody takes a false one, which it won't be Catherine Mortimer, they'll go right straight down to de debbil--and serbe 'em right!"

"Very well, then," said the clerk. And he put a small Bible into her hand and dictated the usual oath, which she repeated with an awful solemnity of manner that must have carried conviction of her perfect orthodoxy to the minds of the most skeptical cavilers.

"Your name, you say, is Catherine Mortimer?" said the clerk, as if requiring her to repeat this fact also under oath.

The repetition of the question nettled Katie.

"My good g'acious alibe," she said, "what I tell you? You think you gwine catch me in a lie by 'peating of questions ober and ober in dat a way? Now look here, young marse, I aint been tellin' of you no lies, and if I was a-lying, you couldn't catch me dat a way, 'cause I'se got too good a membery, dere! So, now I tell you ag'in my name is Catherine Mortimer, and like-wise it aint Gorilla, as my lordship and his shamwally used to call me. I done found out what dat means now! It means monkey! which is a 'fernally false! 'cause my fambily aint got no monkey blood in 'em. 'Dough I'd rather be a monkey dan a lordship, if I couldn't be no better lordship den some!" said Katie, with a vindictive nod of her head towards the viscount.

"What is the creature discoorsing anent?" inquired the perplexed magistrate.

"She is giving in her evidence," replied the counsel for the accused.

"You dry up! Who's you? Mus' be my lordship's new shamwally making yourself so smart. Reckon I'll give evidence enough to fix you and my lordship out!" snapped Katie.