State v. Jeans
New York Court of General Session of the Peace
The defendant was indicted for imprisoning, with intent to kidnap, a certain Betsey Bungy; she being a free negro. It was argued on the part of the defendant, that the prosecuting witness was incompetent to prove her freedom against a white man : that before the act of 1799, a negro could in no case be allowed to give evidence in a court of justice ; and that since that act onlyjtree black persons can be admitted to give evidence, and then only where it shall appear to the…
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The defendant was indicted for imprisoning, with intent to kidnap, a certain Betsey Bungy; she being a free negro. It was argued on the part of the defendant, that the prosecuting witness was incompetent to prove her freedom against a white man : that before the act of 1799, a negro could in no case be allowed to give evidence in a court of justice ; and that since that act onlyjtree black persons can be admitted to give evidence, and then only where it shall appear to the court, before whom the prosecution is depending, that no white person competent to give testimony was present at the time…
1Opinion of the Court
Court.
—It was originally considered, though it does not seem to have been adjudged, that in this State persons of color were presumed to be slaves; the presumption being founded as it has been said on the fact, that a large majority of persons of color were slaves. But the fact has long since changed; and it has been repeatedly decided that as a mere presumption, the inclination is in favor of freedom. It was so held prior to the case of Dillahunt, though that is the first case reported.
But neither that nor the other cases go any thing beyond a mere presumption of law where nothing appears…
2Cases cited3 opinions
- Brown v. Pennsylvania Co.Superior Court of Delaware · 1924
- O'Neill v. CoolesSuperior Court of Delaware · 1928
- State v. Levy CourtSuperior Court of Delaware · 1927