Chapter 35
The Rescue of Mary Twilight Scott (Part 2)
"Get your hands off of her, you dirty bastard!" William G. rushed up the plank of the ship followed by Gideon, the District Attorney, Sheriff Sumner and five Boston policemen. William G. began to pummel the Slave Captain as they both fell over crashing into the crate boxes of supplies. Gideon wrestled with the Captain for his gun while William G. swung away in a blind rage. It took four officers to remove William G. from the Captain.
"I want that n----- arrested for assaulting a white man," uttered the Captain prone on the ship deck. Blood ran from his nose and his split lip. He lunged for his gun but Gideon pulled the gun away. Before the Captain could react, a policeman kicked away the Captain's whip.
"Sir, you are arrested for the kidnapping of Mary Twilight Scott, a free woman," declared Sheriff Sumner. Two policemen began to tie up the Captain's arms and place restraints on his feet.
"Says who? I paid good money for this slave. She's a fugitive. See the mark on her palm."
"I'm the District Attorney for the City of Boston and I'm prepared to testify in open court that this woman was born free, that she was abducted earlier today in an alleyway, and that legal documents exist to demonstrate her freedom."
William G. looked towards Mary and saw her bloody clothes. "Let me go," he cried out. A policeman released him and he ran to Mary's side and cradled her in his arms. "Unshackle this woman, now!"
"I don't take orders from a n-----," replied the Captain.
"But you will take orders from me," the Sheriff made plain.
"Two white men kidnapped me in an alleyway," Mary yelled.
"Mr. Sheriff, black testimony is no good against me in court. You have no case."
"I saw her abduction. I saw the entire thing," said the District Attorney. At this moment, Charles Langston arrived on horseback with William Lloyd Garrison's affidavit in hand. "And I will testify against you in open court."
Gideon handed Sheriff Sumner Mary's freedom papers. When Charles reached the deck of the ship, he handed the Sheriff the affidavit sworn to by Garrison.
Turning to the shivering Mary, the Sheriff asked "Mame, are you Mary Twilight Scott born free in Vermont?"
"Yes, I am. My parents were Ichabod and Mary Twilight. They were free as well."
"And you were married to the late Ted Scott?" "Yes, my late husband."
The Sheriff turned his head towards the Captain who was now being restrained by several police officers. The Sheriff slowly shook his head. "So close and yet so far. What I want to know is why didn't you set sail right away. Probably greed."
The Sheriff read aloud the freedom papers and the affidavit with great flourish. When he concluded, he said "You're going to be indicted for kidnapping. This is your future going forward. You picked the wrong colored lady to kidnap. The wrong lady."
The Sheriff looked with relish towards the District Attorney. Successful intervention in slave kidnapping was unusual. "What is the punishment for kidnapping in Boston?"
"A public whipping, 39 lashes 'well laid on.' The alternative punishment is to stand in the public pillory with both ears nailed to the board. At the end of the hour, the ears are cut off," answered the District Attorney. Mary took heart as she clung to William G's warm body.
"You WILL be found guilty of kidnapping if its the last thing I do!" vowed the District Attorney.
"And suppose we kicked this up to the federal marshal for punishment. Trade in slave contraband is interstate commerce under Article I, Section 8, Clause 3 of the U.S. Constitution. What's the federal punishment?" asked the Sheriff.
"That would be $4,000 plus 42 years in prison."
"You had planned a future of hell for me but my God came to my rescue. I feel for you. The wicked always suffer," said Mary. "Take the shackles off of my legs, William G." William G. motioned to the Sheriff who removed keys from the Captain's person. With a turn of the key, Mary was set free.
"I was deceived. I was told by a white southerner that this women was a fugitive owned by the Joseph King family," lied the Captain.
"And what is the name of this southerner," asked the Sheriff.
"He never told me his name. It was a quick transaction," said the Captain.
"If you permit me to leave Boston now, I will never grace your city again. I promise. Besides, I don't want trouble. And Boston doesn't need a race riot in these perilous times."
The District Attorney and the Sheriff conferred with William G., Gideon, and Charles Langston. "Prosecute this man. You're white and you're the District Attorney and the eyewitness," demanded Charles. "A public trial for kidnapping of Mrs. Scott could inflame passions on Beacon Hill," cautioned the District Attorney. "I care about the rescue. We have done what few law enforcement departments have been able to do, stop an abduction of a free black in almost real time. We should be grateful and not push our luck. Who's to say this Slave Captain might not have allies in Boston who would rescue him from jail. I vote for expelling this vermin from our harbor and healing for Mrs. Scott."
"This man violated a free black, free for two generations, who has only known freedom. This violation will echo through her grandchildren and her grandchildren's grandchildren. Prosecute this monster to the fullest extent of the law. And I say that as Mrs. Scott's business manager and close friend," offered Gideon.
William G. listened while soothing Mary and whispering in her ear that she was safe now. It was all over now. He covered Mary with a blanket and left her for only a moment while he conferred with the others. Mary reached for William G. and he returned to her. She whispered her wishes in William G.'s ear so that only he could hear.
"What say you, William G.?" asked the District Attorney.
"I want what is best for Mary. Mary is a Christian woman, always has been and will be until the day she dies. She lost her husband because of race strife, race hate. Does she want this evil man to suffer? Yes, absolutely, undeniably. Above his suffering, she cares more about Beacon Hill and the spirit of people who call the African Meeting House home. Mary is committed to black uplift more than anything else. She doesn't want little black boys and girls to fear life as they read stories of abductions in The Liberator. She doesn't want her pain to corrode colored life. She doesn't want to be remembered for that. She doesn't want her life to be defined by one evil man and one horrific day. She wants this man to be gone out of her life, out of the life of Boston."
"I want to go home, William G. Take me home."
As William G. lifted Mary from the ship deck, she stood unsteady as the waves pulsated underneath the ship's bow. She looked towards the horizon, saw the white seagulls and held onto William G.'s arm like one might cherish a first memory. They walked towards the landing. As she stepped on firm ground, Mary turned around and said goodbye to what never was. She laid her head on William G.'s blood splattered shoulder. The steps came slow and with soul.
Charles Langston grumbled about Christian folk in unchristian times. "In respectable colored society, Mary Twilight Scott is a grand dame. She is revered, worshipped as the widow of hero Ted Scott. An assault on her person will be taken as a personal attack on each and every colored person of repute on Beacon Hill. I want justice done but at what price, what price?" Gideon asked Charles.
"If we want to close this ugly chapter now, we place the fear of God in him and send him on his way," strategized Sheriff Sumner. "And swear my officers to secrecy upon pain of job loss."
"Aren't you bound to prosecute this slave catcher? That's what you do. That's your job," mocked Charles turning to the District Attorney.
"If you were a lawyer, you would know there is a doctrine called prosecutorial discretion. I have the discretion not to prosecute in the greater interest of fairness and equity. Leave the law to the lawyers," cautioned the District Attorney.
"You're white. Where is my colored District Attorney, my colored lawyer to advocate for Mrs. Scott?" asked Charles.
The District Attorney looked at Charles as if he had two heads, as if he had envisioned the end of slavery within the next thirty years.
Ignoring Charles and turning towards Gideon, the District Attorney said he was leaning towards not prosecuting to keep the peace on Beacon Hill. "If I don't indict this kidnapper, are you in agreement as Mrs. Scott's legal agent? And will you vow to keep this a secret and not tell anyone, ever?" "I think that's best for keeping the peace on Beacon Hill tonight, a vow of secrecy," answered Gideon. The District Attorney, the Sheriff and Gideon shook hands on the decision not to prosecute and to keep the matter secret from the public. Charles refused to shake hands as a matter of principle. "One day, we will be ashamed of not prosecuting a kidnapper of free black people. It will stain how we are remembered. That's all I can say."
The District Attorney wiped perspiration from his brow. He strode towards the Slave Captain, stood within an arm's length of his eyes and said, "If you ever, ever show your face in my city again, I will personally indict, convict, and flog you 39 lashes myself!"
The Sheriff punched the bound Captain in the stomach for good measure.
And as the Captain reeled from the blow, his returning shipmates saw the commotion on board their vessel. They released their grip on a struggling five-year-old free black boy and ran for anonymity in the crowds of downtown Boston.