The Trial
The evidence against Hodge was strong and credible, and Hodge's defence was weak. The two strongest prosecution witnesses were Stephen McKeough, a white man who inspected the Hodge estate, and Perreen Georges. Hodge tried to discredit them by alleging that McKeough was a drunk, and Georges was a thief. Hodge did not try to impeach the reputation of the third prosecution witness, Daniel Ross, Justice of the Peace.
Hodge called his sister, Penelope, and a witness described as an "old black woman" to give testimony to his innocence, but reports suggest that their evidence was not regarded as credible.
As is customary in common law legal systems, the defendant was allowed to address the jury before they retired to consider their verdict, and Hodge said this:
- "As bad as I have been represented, or as bad as you may think me, I assure you that I feel support in my afflictions from entertaining a proper sense of religion. As all men are subject to wrong, I cannot but say that the principle is likewise inherent in me. I acknowledge myself guilty in regard of many of my slaves, but I call God no witness to my innocence in respect to the murder of Prosper. I am sensible that the country thirsts for my blood, and I am ready to sacrifice it."
However, the jury were also charged with the words of Richard Hetherington, President of the Council of the Territory:
- "...the law makes no distinction between master and servant. God created white and he created black creatures; and as God makes no distinction in administering justice, and to Him each is alike, you will not, nor can you alter your verdict, if murder has been proved - whether on white persons or on black persons, the crime is equally the same with God and the law."
On 30 April 1811, the jury retired to consider their verdict at about half past six in the morning. By eight o'clock, they returned with a guilty verdict. A majority of the jurors recommended mercy for Hodge. Such recommendations were not binding, and the presiding judge, Chief Justice Robertson, pronounced that Hodge should be "hanged by the neck on Wednesday the 8 May following, until he was dead, on a spot near unto the common prison."
Read more about this topic: Arthur William Hodge
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