% vO V ^ ,4> &/A\ ^ qv « o ^ "^ A, # t , . u ° K* -<> - * A > V - < '*<$$§&YV\ °. ,o -.. • rv w * ' o . » O A I ' f birds; and still another of fish and fowls; and it mought a ve further said dat all flesh of men am not de same kine of meat, for we has de flesh of de white folks; de flesh of de nigger; de flesh of de Injun; and at last de flesh of de Chinaman, all differin in glory de same as one star differs from another star in glory. "Listen now, and hear me people, all heavens, and all hells, am not de same kine either. "(I am gwine to ax de brother dat is settin de closest to dat dawg to please kick him out of dis sanctuary 'fore I proceeds any further, and I wants to again call de atten- tion to all of you to dat scripture dat says, 'cast not your pearls before a hawg, nor feed holy things to er dawg.' Dat am de third time now dat I has seed that same dawg trying to lift dat kiver from off dat sacrement beard, and I am gwine to ax you once more to leave dem dawgs at home in de future. ***** Thank you my brother, be seated.) "Now hear me people and harken unto my voice, don't you all know dat de Bible says dat dare am seven heavens; and don't you all further know dat wid all dat room dat dey aint gwine to be anways crowded; and dat dare will be plenty of room for all dat gits dare widout mixin up de different races. "All you niggers what think you gwine to set down and eat wid de white people at de feast of de lamb am gwine to be disappinted. De white folks aint gwine to stand for nothin like dat, and 'sides dat if you was in dare, de way dey am gwine to have dare grub cooked would'nt suit you no how, and you mought just as well git dat off your mine, for you ain't gwine to be dare. 18 "De New Jerusalem aint gwine to be no 'coon town,' and it ain't gwine to have no ile mills, or compresses in it; and dare ain't gwine to be no fruit stands or lunch counter on dem golden streets. Dat town am gwine to be strictly for de white folks, and dey ain't gwine to have no niggers blockin up dem pearly gates. No nigger is ever gwine to git any further in dat town dan Paradise Ally. "De nigger settlement in heaven am gwine to be some miles out, on de east side of de River of Life, and hear me people, and give heed to my supplication, de cat-fish in dat river am gwine to be as big as a whale * * * *'cordin to de size of de whale, of course * * and the watermelons and sweet 'taters am gwine to grow wile and spontanious all up and down dat fertile valley. "Oh my brethern, me thinks I see dat place now, dimly in de distance, through de twilight; and I thinks I can see wid my mine eye, a twelve pound 'possum wid his tail twined 'round a 'simmon limb and a young Plymouth Rock rooster roostin on de lot fence. * * * Glory be to God in the highest . Amen. "But bretheren, hear me now, and despise not the mes- senger of de Lord, what am you gwine to do on dat awful day of judgment; dat day when de Lord of Lords and King of Kings comes down in all of his glory to judge dis old world. Dat am not gwine to be any perlice court trial. False swearin ain't gwine to git you nothin dare. Dat am gwine to be one time when you am gwine to git all dat is comin to you, and den some, even to de uttermost farthin — whatsumever dat mought be. "Oh my bretheren, it makes me tremble, tremble, when I thinks of what you gwine to do when dat trial is over; and when de good Sheperd 'gins to separate de goat from de sheeps. Oh my brother, I 'magines I can hear him now sayin, 'Depart from me, you big bobtail billy goat from Riverside Plantation, git off de exhibition ground alto- gether, I never knewed you.' Den dare will be weepin, wailin and mashin of teeth; and de wicked will be cast out into outer darkness widout so much as a two-bit three burner headlight on; and on down into dat awful region 19 where de sun never shines, and where the thermometer stands fifty degrees below zero on de Fourth of July. "Oh my bretheren, and sisteren, I beseches you to be- ware of dat awful place where hell is friz over all de year round; and where de devil am gwine to roll you in de snow throughout de countless ages of eternety. "Oh my brother, think about what you gwine to do when dem awful icicles go slidin down your back. Oh what am "on gwine to do in dat awful hour. De north pole what Dr. Cook has done told so many horrifyin and conflictin tales about, am a plum tropical climate 'side of dat awful region. "Oh, my bretheren, de very words in your mouth am gwine to freeze hard and drap down on dat icy floor and rattle like tinklin brass and clashin symbles, when you tries to cry out in your agony. De very breath of your nostrils am gwine to freeze and beat you in de face like a snow storm; and hail and sleet am gwine to blow and beat on dat old leaky roof of hell continously. "Oh my bretheren, let me exhaust you to quit your cus- sin; lyin; stealin; crap shootin; whisky drinkin, and back- biting one another to de white folks, and prepare your- selves for dat awful day what am bound to come. "And now may de good Lord have mercy on your poor ignited souls 'fore it is everlastinly too late shall ever be my prayer. "Now brethern, and sisteren, while de congregation stands, I am gwine to ax all of you to jine me in singin: " 'It rains and it hails, And it is cold and stormy weather; De people weeps, and dey wails, And Lord, I flees to Thee for shelter.' " On the following morning, I saw George, and said : "George, what sort of a hell was that you were telling your people about last night?" "Who, me?" "Yes, you. I happened to be passing Mount Ever Rest last night and stopped outside and listened to you preach for a while." 20 "Oh pshaw, Capt'n," said George, with a broad smile on his face, "I know dat de Bible say dat hell am a lake of •e and blue stone, but den you knows a nigger well enough to know dat it don't do not good to try to skeer him wid hot weather, and dat if you wants to git next to him. you got to threaten him wid cold." The Negro Law of /Mississippi. There has been much written about the common law, the civil law, the statutory law and the so-called "unwrit- ten law," but we have another important branch of the law here in Mississippi, about which I have never seen anything written, nor do I know of any school in which this branch of the law is taught. It must be learned by ex- perience and observation, and it is one of the most com- plicated branches of the law. I refer to the "negro law." Any attorney from a foreign state might examine our con- stitution and statutes and find that this was a common-law state, and that, except where it was modified by some stat- ute, the common law was in full force and effect, and would further find that, if he was a citizen of the United States, above the age of twenty-one years, of a good moral character, and could pass a satisfactory examination on the common law and the statutory laws of this state, he would be granted a license to practice law in all of her courts, upon his taking the oath prescribed by the statutes. He might also believe himself qualified to do so, but that is where he would make a very great mistake. The law which he has spent time and money to learn, and about which he has been interrogated on his examination for his admittance to the bar, is for the white people of this state; and the law he is going to be called on to practice more than any other, and especially in the early years of his practice, is "negro law," about which (unless he is native born) he knows absolutely nothing, and about which no book on earth, so far as I know, sheds the faintest ray of light. The "negro law" of Mississippi is a law of many parts, and is composed partly of the common law, statutory law, and unwritten law, and to be able to tell just which one of these several parts of the law applies in any given case is 22 an art rarely, if ever, possessed by any one, except the native born attorney of this state. From the letter of our statutes, a stranger might justifiably infer that they ap- plied to all persons within this state, without regard to race, color, or previous condition of servitude, but nothing ? farther from the truth. The judges, lawyers and jurors ^1 know that some of our laws are to be enforced against everybody, while others are to be enforced against the white people, and others are to be enforced only against the negroes, and they are enforced accordingly. Descent and Distribution. Under our system of administering the law, a negro has the same right to acquire, enjoy and dispose of prop- erty, both real and personal, that a white man has, and when he dies intestate, leaving any property, it is dis- tributed according to our statute of descent and distribu- tion, but beyond that the rule varies and shifts from one to the other; sometimes in favor of the white man, and sometimes in favor of the negro. Civil Actions. Whenever a civil controversy arises between two or more negroes, it takes its regular course, and is either tried in the justice of the peace court; the circuit court, or the chancery court, depending altogether which court has jurisdiction over the parties and the subject matter, but whenever any minor controversy arises between a white man and any negro working for him, whether civil or criminal, he generally gives the negro an ex-parte hearing in the barn or gin house, at which time and place, he impresses his theory of the case on the aforesaid negro with a piece of gin belting, or about three feet of the butt end of an old buggy trace, which is usually very effective; and the hearing is then adjourned sine die. There are some cases, however, that do sometimes arise between a white man and a negro that cannot be adjusted in this manner, and when there is enough property in- volved to justify the employment of counsel to represent \ 23 the respective parties, it is always a wise move on the part of counsel representing the negro to get the case in the chancery court on one ground or other, for by doing so he dodges a jury of twelve white men who might feel embarassed in reaching a proper verdict where the con- troversy was between a white man and a negro; and he also avoids any chance of having the negro embarassed by their verdict. Under our system, if our chancery court once acquires or assumes jurisdiction over any matter for any purpose, it retains jurisdiction over it until it is finally terminated, and adjusts all of the rights of the parties, although they may be purely legal rights as well as equitable rights, and it is always much safer to try your negro's case in that court, if possible. Divorce and Alimony. We have, in this state, eleven statutory grounds for di- vorce, and if in the course of his married career, a white man is so unfortunate as to get his domestic affairs in such a tangle that it becomes necessary to sever his matri- monial bonds to insure his future happiness, he must allege, and must prove by two or more creditable wit- nesses, in addition to his own testimony, that his wife has at least crossed one of the boundary lines fixed by the statute, and he must pay all cost of the action, including a reasonable attorney's fee to counsel representing him, which ranges anywhere from $50.00 to $500.00 according to the social and financial standing of the parties; and must also furnish his wife with ample means to procure counsel of equal, and in many cases better, qualifications to represent her side of the case; and must pay her ali- mony pendente lite in such sum as the court thinks is in keeping with his ability to pay, and his wife's necessities and social standing demands, before his case can even be heard on its merits, or demerits, as the case may be; and if a decree is finally rendered in his favor, he is frequently required to pay permanent alimony ever afterwards, which ipso facto robs him of all of the pleasures usually attending a legal victory, and which renders him in con- 24 tempt of court at any time should he fail to promptly pay the alimony on the day it fell due, and which would sub- ject him to a term in the county jail without further notice. Or, in other words, the legislature and the courts of this state have never done much towards encouraging and facilitating divorces among its white citizens. Now when it comes to the negroes, the rule is different. In the first place, a negro does not need a divorce, but a great many of them want them and are willing to pay for the privilege of having them; and are always willing to pay the clerk fifty cents extra for a certified copy of the decree, if he will put a gilt seal on it instead of the ordi- nary impress; and seventy-five cents extra where the seal is attached to a little piece of blue ribbon with a scallop in the loose end of it. Negro divorces in this state are a staple just the same as cotton or any other native product, and are to be had by him, as a matter of course, whenever he wants one, at a fixed price, to-wit: $25.00 for attorney's fee and $5.00 for court cost, in the delta, and a little less in some parts of the hills. When a negro decides to invest some money in a divorce, he goes to some attorney and makes his wants known; makes a cash deposit of $15.00 as a guarantee of good faith, and makes affidavit to the original bill pre- pared by the aforesaid attorney; and is instructed to be back at the court-house of his county, on the first Tuesday, or the second day of the next term of the chancery court, and to have with him then $15.00 more of the lawful coin of the realm, and two good substantial witnesses, if he can get them — and he usually can — but in no case to overlook that balance of $15.00 which is so essentially necessary to carry his case through without any hitch. The first Tues- day of each term of the chancery court is set apart and specially dedicated to the trial of negro divorce cases; and in order to expedite matters, it is customary with a great many chancellors, especially in the black belt, to appoint the different members of the bar who are not otherwise engaged, to sit as commissioners, or vice-chancellors on these cases, and if, after ascertaining whether or not ser- 25 vice has been had on the defendant, and after having heard the evidence, or some of it, he should recommend a divorce, the chancellor signs the decree; and the clerk fur- nishes the negro with a copy of same, under the seal of his office, and that is the end of it. Criminal Actions. There are many things declared by the statutes of this state to be a crime that a negro may do with impunity and never be molested, while a white man for the same act, would get not less than ten years in the penitentiary. For instance, as above stated, divorces are not compulsive with a negro, and he may have two or more wives at one and the same time, with or without being married to any of them and no one care; and it is not uncommon for the pre- siding judge to instruct the grand jury not to take any no- tice of it in case it is called to their attention by any wit- ness who might be before them on other business. On the other hand, if any white man should be guilty of the same offense, he would be promptly indicted, and if convicted, he could safely count on getting anywhere from three to ten years in the penitentiary. Gambling. Under our criminal statute it is a misdemeanor for any person to wager any money or other valuable thing on ny game of chance, or to play for money at any game of cards or dice, etc.; but it is the unwritten law — and the un- written law applies in this case — that all negroes may play a game of chance with dice, commonly called "craps" for money or any other valuable thing, on Saturday nights or any time during the first day of the week commonly called Sunday; provided, however, that said game is con- ducted in a quiet, orderly manner in a vacant cabin or cot- ton house on the back side of the plantation. But it is also the unwritten law of this state, that a white man must not, 't any time or place, for either love or money or any other valuable thing, play a game of "craps," that being recog- nized as a negro game exclusively. 26 It is also the unwritten law of this state, that all white persons above the age of twenty-one years, may play a game of chance with cards, commonly called "poker," for money and other valuable things; provided, however, that said game is conducted in a quiet, orderly manner in some private place, after business hours, but a negro must not, under any circumstances, play a game of "poker," for love, money or anything else, that being recognized as strictly a white man's game. Larceny. If a white man be guilty of petit larceny in this state, he is either lynched, deported or sent to the county convict farm for a long term, but if a negro be guilty of petit lar- ceny, he is either cursed, whipped or made to pay the value of the thing stolen, or is sent to jail, all depending on what he has stolen and from whom he has stolen it. If he steal anything from another negro, he is arrested, tried before a justice of the peace, and usually sent to the county convict farm to work out the fine and cost, especially the cost, but under certain circumstances the fine may be held up dur- ing good behavior, where satisfactory arrangements can be made as to the cost. If he steals from a white man, he is not usually arrested or tried at all, but is given one of those ex-parte hearings above mentioned, and made to re- turn the article stolen or pay its value, according to the circumstances. If he steals tobacco, whisky, chickens or watermelons from any white man for whom he is work- ing, or for whom he has ever worked, nothing is ever done *■ said to him about it at all, for it is well known to all white people that he cannot help taking those things, and is not responsible for his acts in the premises, and if any white man should ever undertake to prosecute him on a charge of this kind, he would have no more show before a Mississippi jury than a paper shirt in a bear fight. Concealed Weapons. If a negro is guilty of selling whisky, cocaine, or carry- ing a pistol he is severely dealt with, that being absolutely 27 necessary to protect the lives of both the white people, and the negroes themselves, for there never was a more dan- gerous combination than a negro, whisky or cocaine and a pistol. He is just bound to kill somebody, and he does not care who, when he has a pistol and is under the influence of cocaine or mean whisky. On the other hand, all able- bodied white males above the age of sixteen years, who live in the black belt, where the negroes outnumber the whites ten to one, are all supposed to have pistols of stand- ard make and size, and are supposed to carry them all the time, either concealed or otherwise, and are supposed to know how to use them to the best advantage on the short- est notice — and they usually do — notwithstanding, the statute says that if any person who carries concealed, in whole or part, and bowie knife, dirk knife, butcher knife, pistol, etc., shall, on conviction, be fined not less than $25.00 and the weapon so carried, shall be forfeited to the state, and shall be, by the sheriff of the county where the conviction occurred, publicly destroyed, etc., but this stat- ute applies only to the negroes and the people who live in the white belt and has no application to any white person who lives in the black belt. Homicide. The statutes of Mississippi also say, that if any person shall be convicted of murder, he shall suffer death, unless the jury rendering the verdict shall fix the punishment at imprisonment in the penitentiary for the life of the con- vict. This statute only applies to a white man who kills another one about something else besides a woman. If the killing was about a woman, he is tried by the unwrit- n law, and is either hanged, sent to the penitentiary or acquitted, all depending on what woman the killing was about, and what the facts were in that particular case. But this statute does not apply to a negro at all. If he kills a white man, and is caught, he suffers death in some form other, the time, place and manner of his execution de- ending altogether on who caught him, the sheriff's posse r the friends of the deceased. If the sheriff's posse are 28 the first to get to him, he is hanged the fourth Friday after court adjourns, but if the friends of the deceased are the rst to get possession of him, he is executed at once, at or near the place where the homicide occurred; the manner of his death being always a matter of individual taste of the parties conducting the ceremonies. When a negro is indicted for killing another negro, he is seldom, if ever, tried at all. The usual practice is for the court to appoint some young inexperienced attorney to defend him; then partly out of sympathy for the negro, and partly out of sympathy for the young attorney, the state's attorney will allow the negro to plead guilty with the understanding that the jury will fix his punishment at life imprisonment, and they will be instructed to bring in a formal verdict to that effect. This plan always works perfectly satisfactory to all parties concerned — the state saves the expense of a long drawn out trial, the negro is saved from being hanged, and the state gets another cotton producer on the state farm. If he is a young negro — and in most cases he is — he is good for about twenty years service at the least, and ought to raise on an average of ten bales of cotton each year, under the scientific methods used there, and this cotton, after deducting the customary shrinkage and graft, ought to net the state as much as $75.00 per bale, or a sum total of $15,000.00, which from a business standpoint, is worth a great deal more to the tax payers than a public hanging. There are only a few of the unwritten rules of practice in this jurisdiction, the whole of which would fill a large volume, and are rarely, if ever, understood by any one, except the native born attorneys of this commonwealth. State of /Mississippi vs. Dink Coleman. Some years ago, in the early part of June, Dink Cole- man, a gent of ebony hue, a driver for the Delta Transfer Company by occupation, and for many years past a resi- dent of the city of Greenville, the county seat of Washing- ton County, Mississippi, and which is situated on the east bank of the "Father of Waters," sat upon the levee and watched the sun disappear behind the willow fringed shore of the Arkansas side; he watched the towboat Hen- rietta drift slowly by with a long raft of logs in tow; he also watched the steamer Ruth land, discharge her freight and resume her southward journey. He then arose, yawned, rubbed his eyes, stretched his arms and walked across Washington avenue and down Walnut street to the "Twilight Cafe," a place of refreshment for colored folks only, and which was presided over by Ephriam Brown, likewise a gent of color and who was its sole proprietor and general manager. Soon after Dink had seated himself on a vacant stool at the refreshment counter, he and Ephriam had a disagree- ment about the age, grade and quanity of hot-cat-fish that had been served to Dink for the amount of money ex- pended by him, to-wit: two bits, or the fourth part of a dollar of the lawful money of the realm. Hot words be- tween them were soon followed by blows; negroes ran through the open door, and some jumped through the windows; crockery crashed against the floor; furniture was reduced to kindling wood; and pandemonium reigned supreme. When the dust of battle had cleared away, Ephriam Brown lay on the floor in the midst of the wreckage, with several ugly wounds on different parts of his person, in- 30 flicted by a certain deadly weapon, to- wit: a razor in the hands of Dink Coleman, who was promptly arrested and placed in the county jail to await further developments. As soon as time, nature and local surgical talent had made sufficient repairs on Ephriam to enable him to ap- pear in court as the chief witness for the state, Dink was given a preliminary hearing before His Honor, Judge O'Riley, justice of the peace for district No. 3 of Washing- * ^5 •JO * <-& ^> **f tmfci %^ :, ^^ •: ^ A' ' » . * -0 O *o . , * A %> ^ .... % " 0? ... '^ "^ r ° f° ^ •A- /\ ?. ; ^%. ° .0 ^ ^ ^ /, O 0' s\ V^ v ->. A o ,ft v A - o