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The decisive case was the prosecution of Nathaniel Jennison of Worcester County for assault and imprisonment alleged to have been committed upon his absconded slave Quork Walker in the process of his recovery. On the trial in 1783 the jury responded to a strong anti-slavery charge from Chief Justice Cushing by returning a verdict against Jennison, and the court fined him £50 and costs.
"Captain Cushing, I believe," said the colonel. "I am Colonel Penhallow, in command of the reserve artillery." "Indeed!" said the young officer. "These are some of your guns " "Not mine I was out of it long ago. They still carry the brand of my old iron-mills." "We shall see, sir, that they do honour to your name."
Familiar with modern languages and literatures, an encyclopædia of ancient and mediæval learning, a master of the science of government, as old as the century, and one of its conspicuous figures, perhaps but a single thing is wanting to make Mr. Cushing a chief: he does not believe in the people.
Late in the afternoon, much to the joy of the ruffian, who was half starved, Cushing stole into the chamber, bringing with him some provisions and a bottle of wine; those he hastily passed under the bed, and abruptly retired, for he was apprehensive of being detected in the room, which would have ruined all. Night came on.
There was nothing whatever to justify this strain of remark, but the idea which the people had grasped, that they had a right to an equal measure of freedom with Englishmen; but such a claim was counted rebellious. "I told Cushing, the Speaker, some months ago," the Governor says in this letter, "that they were got to the edge of rebellion, and advised them not to step over the line."
Immediately he was set upon by five of the wing, to which he was opposed Bob Cushing, J. W. Bagley, and three others, all armed with either knife or pistol two of them with both. Casey did not know fear; he was game from crown to toe. One ball grazed his forehead on the right side, another the occiput just behind the left ear, and shot off his hat.
Look what Cushing did with a slow steam launch and a powder can on the end of a stick." "The case was different." "Yes, but " "Cushing was an American," interrupted the boy convincingly. There was silence for awhile and we lolled in the port, gazing idly at the black spots in the gloom representing the blockading fleet.
Cushing was weak. Hancock was hampered by foibles that some times quite canceled his merits. Quincy was a brilliant youth, and, like a youth, sometimes fickle. We have seen him ready to temporize, when to falter was destruction, as at the time of the casting over of the tea; again in unwise fervor, he would counsel assassination as a proper expedient.
But the new leadership embraced a group of able and bold men: John A. Dix, of New York; Caleb Cushing, a Whig recruit from Massachusetts; James M. Mason, of Virginia; Robert Barnwell Rhett, William L. Yancey, and Jefferson Davis, of the lower South; and David Atchison, Stephen A. Douglas, Lewis Cass, and William Allen, of the Northwest, all ardent expansionists and "big Americans" who would not readily suffer the defeat of the party program.
"I am coming to be of the same opinion, Miss Cushing," said Holmes, taking a seat beside her. "I think that it is more than probable " He paused, and I was surprised, on glancing round to see that he was staring with singular intentness at the lady's profile.
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