The injustice of the proceedings of the Barnstable Court of Common
Pleas and Sessions, is here fitly exposed. In empanelling the jury, it
is certain that no name of one favorably inclined toward the Indians
was selected, and there are many who do not scruple to say, that it
was the determination of the Court to condemn them, right or wrong.
Nevertheless, it appeared from the evidence brought, that no fear or
alarm whatever had been occasioned to the complainants; and that all
they had to complain of was having been hindered from taking away the
Marshpees' wood.

It may not be amiss to say here, that when the honorable Judge said he
thought it would be well to postpone the case till the next session,
the District Attorney, Mr. Warren, replied that he did not think it
would be proper, because such a course would involve the Commonwealth
in extra expense. I should like to ask what thanks are due to
the learned gentleman from the Commonwealth, for subjecting it to
continued reproach and disgrace for the sake of a few dollars. Or, can
it be that there is no disgrace in persisting in wrong toward Indians?
Let those who think so, think so still; but there are many who think
otherwise, and there is one above who knows that they think rightly.

When the witnesses and the pleadings had been heard, the jury retired,
for the sake of decency, and presently returned with a verdict of
_guilty_. I thought that his Honor appeared to be pleased with it. The
judgment was suspended about two hours, when the Court again sat, and
the matter was called up. There was not a little said concerning
the case. Messrs. Reed, Sumner, Holmes and Nye, of Yarmouth, Boston,
Rochester, and Sandwich, all professional men, were opposed to the
course pursued by the Court, and thought that an exposition of the