Wheat v. Croom
Supreme Court of Alabama
Error to the County Court of Sumter. Thespass, vi et armis, by the defendant against the plaintiff in error, for an assault and battery on a slave, the property of the plaintiff.
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Error to the County Court of Sumter. Thespass, vi et armis, by the defendant against the plaintiff in error, for an assault and battery on a slave, the property of the plaintiff. Upon the trial, the plaintiff introduced a witness, who proved that he, the witness, had accused the defendant in the presence of the plaintiff, of the commission of the trespass, and that the defendant did not deny it, but replied: “If I whipped the negro, you prove it — I shall not tell you any thing to commit myself.” Whereupon the Court charged the jury, that when a man is charged with the commission of a…
1Opinion of the CourtOrmond, J.
— In Watson v. Byers, 6 Ala. 393, we held, “ that if one asserted in the presence and hearing of another, in such a manner, as to entitle him to an answer, that he was indebted to him in a certain amount, his silence, would, in law, be an admission, that the claim asserted was just.” This rule of evidence rests upon that universal principle of human *350conduct, which leads us to repel an unfounded imputation, or claim; and will, in most cases, be as satisfactory testimony upon which to found a verdict, as a direct admission. It will be observed, that the rule is qualified in the above quotation;…
2Cases cited3 opinions
- Tillotson v. CheethamNew York Supreme Court · 1808
- Batturs v. Sellers & PattersonCourt of Appeals of Maryland · 1820
- Watson v. ByersSupreme Court of Alabama · 1844
3Cited by8 opinions
- Perry v. JohnstonSupreme Court of Alabama · 1877
- Baldarachi v. LeachCalifornia Court of Appeal · 1919
- Donker v. PowersMichigan Supreme Court · 1925
- May v. Hewitt, Norton & Co.Supreme Court of Alabama · 1858
- Gillian v. SenterSupreme Court of Alabama · 1846
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