Indictment for an assault in Greenville district. David Burden, a man of color, but born of a free white Woman, was offered as a *146witness to give evidence in support of the prosecution, and was refused to be admitted by the judge who presided. On motion, it was determined in this court, by all the judges, that any person of color, if the issue of a free white woman, is intitled to give evidence, and ought to be admitted as a witness in our courts.