ment in the expression, might be called melancholy, his frame was strong, and in youth he had evidently been powerful, but he was not robust. Yet there was a calm, cruel look, a power of will and a quickness of muscular action, which still render him a terror in his vocation.
In the manner of giving in his testimony there was no bluster or outward show of insolence. His contempt for the humane feelings of the audience and community about him was too true to require any assumption of that kind. He neither paraded nor attempted to conceal the worst features of his calling. He treated it as a matter of business which he knew the community shuddered at, but the moral nature of which he was utterly indifferent to, beyond a certain secret pleasure in thus indirectly inflicting a little torture on his hearers.
I am not, however, altogether clear, to do John Caphart justice, that he is entirely conscience-proof. There was something in his anxious look which leaves one not without hope.
At the first trial we did not know of his pursuits, and he passed merely as a police-man of Norfolk, Virginia. But, at the second trial, some one in the room gave me a hint of the occupations many of these police-men take to, which led to my cross-examination.
Question. Is it a part of your duty, as a policeman, to take up colored persons who are out after hours in the streets?
Answer. Yes, sir.
Q. What is done with them?
A. We put them in the lock-up, and in the morning they are brought into court and ordered to be punished,—those that are to be punished.
Q. What punishment do they get?
A. Not exceeding thirty-nine lashes,
Q. Who gives them these lashes?
A. Any of the officers. I do, sometimes.
Q. Are you paid extra for this? How much?
A. Fifty cents a head. It used to be sixty-two cents. Now it is fifty. Fifty cents for each one we arrest, and fifty more for each one we flog.
Q. Are these persons you flog men and boys only, or are they women and girls also?
A. Men, women, boys and girls, just as it happens.
[The government interfered, and tried to prevent any further examination; and said, among other things, that he only performed his duty as police-officer under the law. After a discussion. Judge Curtis allowed it to proceed.]
Q. Is your flogging confined to these cases? Do you not flog slaves at the request of their masters?
A. Sometimes I do. Certainly, when I am called upon.
Q. In these cases of private flogging, are the negroes sent to you? Have you a place for flogging?
A. No. I go round, as I am sent for.
Q. Is this part of your duty as an officer?
A. No, sir.
Q. In these cases of private flogging, do you inquire into the circumstances, to see what the fault has been, or if there is any?
A. That's none of my business. I do as I am requested. The master is responsible.
Q. In these cases, too, I suppose you flog women and girls, as well as men.
A. Women and men.
Q. Mr. Caphart, how long have you been engaged in this business?
A. Ever since 1836
Q. How many negroes do you suppose you have flogged, in all, women and children included?
A. [Looking calmly round the room.] I don't know how many niggers you have got here in Maschusetts, but I should think I had flogged as many as you've got in the state.
[The same man testified that he was often employed to pursue fugitive slaves. His reply to the question was, "I never refuse a good job in that line."]
Q. Don't they sometimes turn out bad jobs?
A. Never, if I can help it.
Q. Are they not sometimes discharged after you get them?
A. Not often. I don't know that they ever are, except those Portuguese the counsel read about.
[I had found, in a Virginia report, a case of some two hundred Portuguese negroes, whom this John Caphart had seized from a vessel, and endeavored to get condemned as slaves, but whom the court discharged.]
Hon. John P. Hale, associated with Mr. Dana, as counsel for the defence, in the Rescue Trials, said of him, in his closing argument:
Why, gentlemen, he sells agony! Torture is his stock-in-trade! He is a walking scourge! He hawks, peddles, retails, groans and tears about the streets of Norfolk!
See also the following correspondence between two traders, one in North Carolina, the other in New Orleans; with a word of comment, by Hon. William Jay, of New York:
Halifax, N. C, Nov. 16, 1839.
Dear Sir: I have shipped in the brig Addison,—prices are below:
| No. 1. Caroline Ennis, | $650 00 |
| " 2. Silvy Holland, | 625.00 |
| " 3. Silvy Booth, | 487.50 |
| " 4. Maria Pollock, | 475.00 |
| " 5. Emeline Pollock, | 475.00 |
| " 6. Delia Averit, | 475.00 |
The two girls that cost $650 and $625 were bought before I shipped my first. I have a great many negroes offered to me, but I will not pay the prices they ask, for I know they will come down. I have no opposition in market. I will wait until I hear from you before I buy, and then I can judge what I must pay. Goodwin will send you the bill of lading for my negroes, as he shipped them with his own. Write often, as the times are critical, and it depends on the prices you get to govern me in buying. Yours, &c.,
G. W. Barnes.
| Mr. Theophilus Freeman, New Orleans. |
