Case No. 16,454.

UNITED STATES v. TERRY.

[1 Cranch, C. C. 318.]¹

Circuit Court, District of Columbia.

June Term, 1806.

SLAVES AS WITNESSES.

Slaves are competent witnesses for free negroes indicted for assault and battery.

[Followed in U. S. v. Shorter, Case No. 16,284. Cited contra in U. S. v. Gray, Id. 15,252.]

Indictment [against the negress Terry, a free woman] for assault and battery on Mr. Foxon. A slave was offered as witness for the traverser.

Mr. Jones, for the United States, objected. By the Maryland law of 1717, c. 13, § 2, “no slave shall be received as evidence in any cause wherein any Christian white person is concerned.”

THE COURT permitted the slave to be sworn.

Verdict, not guilty.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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