[The Conquest of the Old Southwest by Archibald Henderson]@TWC D-Link bookThe Conquest of the Old Southwest CHAPTER XII 3/12
"I found myself," says Judge Henderson, "under a necessity of attempting to soften and turn away the fury of these mad people, in the best manner in my power, and as such could well be, pacify their rage and at the same time preserve the little remaining dignity of the court." During an interim, in which the Regulators retired for consultation, they fell without warning upon Fanning and gave him such rough treatment that he narrowly escaped with his life.
The mob, now past control, horsewhipped a number of leading lawyers and citizens gathered there at court, and treated others, notably the courtly Mr.Hooper of Boston, "with every mark of contempt and insult." Judge Henderson was assured by Fields that no harm should come to him provided he would conduct the court in accordance with the behest of the Regulators: namely, that no lawyer, save the King's Attorney, should be admitted to the court, and that the Regulators' cases should be tried with new jurors chosen by the Regulators.
With the entire little village terrorized by this campaign of "frightfulness," and the court wholly unprotected, Judge Henderson reluctantly acknowledged to himself that "the power of the judiciary was exhausted." Nevertheless, he says, "I made every effort in my power consistent with my office and the duty the public is entitled to claim to preserve peace and good order." Agreeing under duress to resume the session the following day, the judge ordered an adjournment.
But being unwilling, on mature reflection, to permit a mockery of the court and a travesty of justice to be staged under threat and intimidation, he returned that night to his home in Granville and left the court adjourned in course.
Enraged by the judge's escape, the Regulators took possession of the court room the following morning, called over the cases, and in futile protest against the conditions they were powerless to remedy, made profane entries which may still be seen on the record: "Damned rogues," "Fanning pays cost but loses nothing," "Negroes not worth a damn, Cost exceeds the whole," "Hogan pays and be damned," and, in a case of slander, "Nonsense, let them argue for Ferrell has gone hellward." The uprising of these bold and resolute, simple and imperfectly educated people, which had begun as a constitutional struggle to secure justice and to prevent their own exploitation by dishonest lawyers of the county courts, now gave place to open anarchy and secret incendiarism.
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