Page:Daniel v. Guy (1857).pdf/3

19 Ark.]  1857.]   Ann Arnold, the four latter being minors, and suing by their mother, and next friend, the said Abby Guy."

The form of the action was trespass for false imprisonment, under the statute (Dig., ch. 74,) the declaration alleging that the plaintiffs were free, but held in slavery by the defendant. The defendant interposed two pleas; first, not guilty; and second, that the plaintiffs were slaves, and his property, etc.; to which issues were made up, tried by a jury, verdict in favor of plaintiffs, and judgment that they be liberated. The defendant moved for a new trial, which the Court refused, and he excepted and appealed.

It is necessary to state the substance of the evidence introduced upon the trial, and set out in the bill of exceptions, in order to understand the decisions of the Court upon questions of law, which are complained of as erroneous, etc.

Richard Stanley testified, that several years ago, Abby spoke to him to move her and her children: he asked the defendant if he could do so, and he said he had nothing to with her. Witness asked him who would pay him for it, and he said Abby could pay him. Defendant was then living in the Hills, and plaintiffs on Bayou Bartholomew. Abby was working for herself, making and selling her own crops. Plaintiffs passed as free persons. The oldest girl boarded out, and went to school. They lived eight or nine years on the Bayou, visited among white folks, and went to church, parties, etc.,—should suppose they were white. They lived part of the time with a man named Guy, and Abby passed as Mrs. Guy, but witness did not know that she was married to him.

"Here the plaintiffs were personally presented in Court, and the judge informed the jury that they had the right, and should treat their observation and inspection of plaintiffs' persons as evidence; and might and should apply, in the observation of their persons, their knowledge of the distinction between the negro and the white races, and such rules as might be proven