SC1896_FF1_078

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their county; that his object was to add to the [?]
too great excitement, for the purpose of producing the conviction
of the persons charged. Possibly gentlemen (said I)
his honor my consider you all savages, as you
voted against him for Congress in 1812 and 1814.
(At each of these elections, Mr. Montgomery only raised
18 votes in Wayne County). I told them, I was very sorry his honor had
left the bench - he could not stand fire; for
he knew his conduct both on & off the bench, in relation
to this prosecution, was so exceptionable
that I would speak about it in my address to the
jury. He & the Attorney Genl had been guarding the
pretty witness on Sunday night - but if an owl had
only hooted, they would both have been panic
stricken & consulted their own safety by flight. But
(said I) Gentlemen, I must spare his honor. I don't
like to talk against a man behind his back.
If his honor were on the bench, I would talk
to him and about his conduct freely. Some
years afterwards being on better terms with the
Judge, we talked the matter over very freely. He
said, the reason he did not remain on the bench
was, he saw "the Devil was in me"; he was satisfied
that I intended to arraign him & his conduct
before the jury & that he could not stand it. I should
(said he) have ordered you to jail; the consequences
of which would have been, the acquittal of the
prisoner by acclamation. The people of Wayne
County would not have seen you carried
to jail by my order. No sheriff could have
laid his hands on you there in safety. Instead
of your being taken to jail, I should in all
likelihood have been mobed & thus would the
whole matter have ended. The other two persons