Roebuck v. Curry

The judgment of the court was pronounced by

Kino, J.

This action is instituted to recover damages for injuries alleged by the plaintiff to have been inflicted on her slave, by a slave belonging to the defendant. From a judgment rendered in favor of the plaintiff, the defendant has appealed.

On the trial below the plaintiff offered Thomas Burns, a person of color, as a witness, who being objected to as incompetent to testify, his testimony was excluded until evidence could be adduced of his freedom, and time was allowed to make this proof. A .certificate was next offered, stating that Burns had…