Superior Court of North Carolina, 1796

Cox v. . Dove

Superior Court of North Carolina · Decided March 5, 1796 · The Court, HAYWOOD, J., and STONE, J., nevertheless permitted the letter to be read, on the authority of a case cited out of Buller's Nisi Prius, 90. Hatton Neale, per Jones, C. J., 1683.

1 N.C. 72

Counsel

Slade , for the defendant, offered to read in evidence, a letter (73) from the plaintiff to the defendant, authorizing him to tend turpentine trees on the premises. Martin , for the plaintiff, objected to this, on the ground that if the defendant meant to avail himself of the plaintiff's license, he ought not to have denied the entry, which he had done by pleading non culpabilis; at all events he ought to have pleaded justification . He cited Co. Litt., 282.

Opinion of the Court

To prove the entry, a negro slave was called and offered to be sworn.

But the Court (WILLIAMS, J., saying he never heard such a thing, asked: HAYWOOD, J., tacente), refused to admit the witness, although the defendant was stated to be a negro. 2, 1777, 2, 42, 307.

The case of State v. George, ante, p. 62, was cited: but much argument was not offered by the plaintiff's counsel; there being other witnesses attending to prove the fact intended to have been proved by the slave. He having been offered only to come at the opinion of the judges. The plaintiff proved a trespass committed by cutting timber, and had a verdict.

NOTE. — Upon the first point, see State v. George, ante, 62, and 1 Rev. Stat., ch. 31, sec. 81. The law was later clearly settled that a slave is a competent witness against a free negro. *Page 77 IN EQUITY, NEW BERN, March Term, 1796.

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