Page:Sketches of the life and character of Patrick Henry.djvu/396

 S12 SKETCHES OF THE

inferior to murder, they altered their verdict to guilty of manslaughter.''

" Mr. Henry was not less successful in the comic line, when it became necessary to resort to it. You have no doubt heard how he defeated John Hook, by raising the cry of beef against him. I will give you a similar instance. In the year 1792, there were many suits on the south side of James river, for inflicting Lynches law.* A verdict of five hundred pounds had been given in Prince Edward district court, in a case of this kind. This alarmed the defendant in the next case, who em- ployed Mr. Henry to defend him. The case was, that a waggoner and the plaintiff were travelling to Rich- mond together, when the waggoner knocked down a turkey, and put it into his waggon. Complaint was made to the defendant, a justice of the peace; both the parties were taken up, and the waggoner agreed to take a whipping, rather than be sent to jail: but the plaintiff refused: the justice, however, gave him also a small flagellation; and for this the suit was brought. The plain- tiff, by way of taking off the force of the defence, insisted, that he was wholly innocent of the act committed. Mr. Henry, on the contrary, contended, that he was a party, present, aiding and assisting. In the course of his remarks, he expressed himself thus: ' But, gentlemen of the jury, the plaintiff tells you he had nothing to do with the turkey — I dare say, gentlemen, not until it ivas roasted.' &c. He pronounced this word roasted with such rotundity of voice, such a ludicrous whirl of the

��* Thirty-nine lashes, inflicted without trial or law, on mere suspicion of guilt, which could not be regularly proven. This lawless practise, which, sometimes by the order of a magistrate, sometimes without, prevailed exten- sively in the upper counties on James river, took its name from the gentle- man who set the first example of it.

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