shortly after daylight, tommy fell into a dozing sleep, from which he was awakened by the mustering of the prisoners who had been brought up during the night, and were to appear before the mayor at nine o'clock. a few minutes before eight o'clock, an officer opened the cell-door, and they were ordered to march out into a long room. in this room they found all the prisoners gathered. there were three blacks and five whites, who had been arrested on different charges; and as the mayor's court was merely a tribunal of commitment-not judgment-if the charges upon which the prisoners were brought up were sustained-which they generally were, because the policeman who made the arrest was the important witness, they were committed to await the tardy process of the law.
considerable uneasiness had been felt on board of the janson for tommy, and the captain suggested that he might have got astray among the dark lanes of the city, and that the mate had better send some of the crew to look for him. the mate, better acquainted with tommy's feelings and attachment for manuel than he was with the rules of the prison and mr. grimshaw's arbitrary orders, assured the captain that such a course would be entirely unnecessary, for he knew when he left that he would stop all night with manuel. this quieted the captain's apprehensions, and he said no more about it until he sat down to breakfast. "i miss tommy amazingly," said the captain. "if he stopped all night, he should be here by this time. i think some one had better be sent to the jail to inquire for him." just as he arose from the table, one of the crew announced at the companion that a person on deck wished to see the captain. on going up, he found a policeman, who informed him that a little boy had been arrested as a vagrant in the street, last night, and when brought before the mayor a few minutes ago, stated that he belonged to his vessel, and the mayor had despatched him to notify the master. "circumstances are suspicious; he was seen in company with a negro of very bad habits; but if you can identify the boy, you had better come quick, or he'll be sent to jail, and you'll have some trouble to get him out," said the messenger, giving the captain a description of the boy.
"oh yes!" said the captain, "that's my tommy. i verily believe they'll have us all in jail before we get away from the port." numerous appointments engrossed his time, and he had promised to meet the consul at an early hour that morning. notwithstanding this, he gave a few orders to the mate about getting the hatches ready and receiving the port-wardens, and then immediately repaired to the all-important guard-house. he was just in time to receive the mortifying intelligence that the mayor's court had concluded its sitting, and to see little tommy, with a pair of handcuffs on his hand, in the act of being committed to jail by a dutch constable. he stopped the constable, and being told that his honor was yet in the room, put a couple of dollars into his hand to await his intercession. another fortunate circumstance favored him; just as he stopped the constable, he saw his friend, colonel s--, approaching. the colonel saw there was trouble, and with his usual, characteristic kindness, hastened up and volunteered his services.
we must now return to the arraignment, as it proceeded after the messenger had been despatched.
the negro confined with tommy presented a wretched picture when brought into the light room among the other prisoners. his head was so swollen that no trace of feature was left in his face. cuts and gashes were marked with plaster all over his neck and face; his head tied up with an old red handkerchief; his eyes, what could be seen of them, more like balls of blood than organs of sight; while the whiskey and water with which his head had been washed, had mixed with the blood upon his clothes, and only served to make its appearance more disgusting. altogether, a more pitiful object never was presented to human sight.
some minutes before the clock struck nine, an intelligent-looking gentleman, very well dressed, and portly in his appearance, entered the room. he was evidently kindly disposed, but one of those men whose feelings prompt them to get through business with despatch, rather than inquire into the circumstances of aggravated cases. he held a consultation with the officer for some minutes with reference to the prisoners. after which he mounted a little tribune, and addressing a few words to the white prisoners, (a person who acted the part of clerk announced court by rapping upon a desk with a little mallet,) inquired whether the officers had notified the owners of the negroes. being informed that they had, he proceeded with the negroes first. one, by some good fortune, was taken away by his master, who paid the usual fee to swell the city treasury; another was sentenced to receive twenty paddles on the frame at the workhouse; and the third, the man we have described, being brought forward, weak with the loss of blood, leaned his hand upon the back of a chair. "stand up straight!" said the officer, in a commanding tone.
"now, my boy, this is twice you have been before this court. your master has left you to the mercy of the law, and given strict orders to the police in the event that you were caught a third time. your crime is worse now, for you were caught in company with that white boy-probably on some errand of villany, prowling about the streets after drum-beat. i shall, in consideration of the facts here stated by the police, whose evidence i am bound to recognise, sentence you to nineteen paddles on the frame, and to be committed to jail, in accordance with your master's orders, there to await his further directions.
"arraign the white prisoners according to the roll, mr.--. have you sent a message to the captain about that boy?" inquired the mayor.
"no, yer honor; but i will send at once," said the officer, stepping into the passage and calling an attendant.
the little fellow was arraigned first. he stood up before the mayor while the ruffianly policeman who arrested him preferred the charges and swore to them, adding as much to give coloring as possible. "now, my man, let me hear what you have got to say for yourself. i have sent for your captain," said the mayor, looking as if he really felt pity for the little fellow.
he commenced to tell his simple story, but soon became so convulsed with tears that he could proceed no further. "i only went to the jail to see manuel, the steward, and i got lost, and begged the black man to show me the way"--said he, sobbing.
"well, i have heard enough," said the mayor, interrupting him. "you could not have been at the jail at that time o' night-impossible. it was after hours-contrary to rules-and only makes the matter worse for yourself. you can stand aside, and if the captain comes before court is through, we will see further; if not, you must be committed as a vagrant. i'm afraid of you young strollers."
the officer of the guard, as if the poor boy's feelings were not already sufficiently harassed, took him by the arm, and pushing him into a corner, said, "there, you young scamp, sit down. you'll get your deserts when you get to the jail."
he sat down, but could not restrain his feelings. the presence of the captain was his only hope. he saw the prisoners arraigned one by one, and join him as they were ordered for committal. he was handcuffed like the rest, and delivered to the constable. the reader can imagine the smile of gladness that welcomed the captain's timely appearance. the latter's exhibition of feeling, and the simple exclamation of the child's joy, formed a striking picture of that fondness which a loving child manifests when meeting its parents after a long absence.
"take the irons off that child," said the colonel to the constable. "a man like you should not put such symbols of ignominy upon a youth like that."
"i would do any thing to oblige you, colonel; but i cannot without orders from the mayor," returned the man, very civilly.
"i'll see that you do, very quick," rejoined the colonel, impatiently; and taking the little fellow by the arm in a compassionate manner, led him back into the presence of the mayor, followed by the captain.
"i want to know what you are committing this lad for," said the colonel, setting his hat upon the table, while his face flushed with indignation.
"vagrancy, and caught prowling about the streets with a negro at midnight. that is the charge, colonel," replied the mayor, with particular condescension and suavity.
"was there any proof adduced to substantiate that fact?"
"none but the policeman's; you know we are bound to take that as prima facie."
"then it was entirely ex parte. but you know the character of these policemen, and the many aggravated circumstances that have arisen from their false testimony. i wish to cast no disrespect, your honor; but really they will swear to any thing for a fee, while their unscrupulous bribery has become so glaring, that it is a disgrace to our police system. have you heard the boy's story?" said the colonel.
"well, he began to tell a crooked story, so full of admissions, and then made such a blubbering about it, that i couldn't make head or tail of it."
"well, here is the captain of his vessel, a friend of mine, whom i esteem a gentleman-for all captains ought to be gentlemen, not excepting georgia captains and majors," said the colonel, jocosely, turning round and introducing the captain to his honor. "now, your honor, you will indulge me by listening to the little fellow's story, which will be corroborated in its material points by the statements of the captain, which, i trust, will be sufficient; if not, we shall recur to the jailer."
"it will be sufficient. i am only sorry there has been so much trouble about it," said the mayor.
the boy now commenced to tell his story, which the mayor listened to with all learned attention. no sooner had tommy finished, and the captain arose to confirm his statements, than the mayor declared himself satisfied, apologized for the trouble it had caused, and discharged the boy upon paying the costs, the amount of which the colonel took from his pocket and threw upon the table. thus was tommy's joy complete; not so the poor negro whose ill luck he shared. this high-sounding mayor's court was like caesar's court, with the exceptions in caesar's favor.
