Page:Daniel v. Guy (1857).pdf/7

19 Ark.]  1857.]   her a mulatto. Her hair was long and straight, but witness did not remember that it was kinky or curly, thought it might have been one or the other.

Dr. Newton—Had read Physiology. There are five races—the negro is the lowest in intellect. Some physiologists are of the opinion that in the head of the mulatto, there is some negro hair, and some white hair, and that the negro hair never runs out. It would not run out before it passed the second generation. It may in the third generation have waves. The color, hair, feet, nose, and form of the skull and bones furnish means of distinguishing negro blood or descent. The hair never becomes straight until after the third descent from the negro, from neither the father or mother's side. The fiat nose also remains observable for several descents.

Dr. Comer—Heard the last witness, and corroborated his statements.

The defendant introduced the will of his father, James Daniel, made in 1820, and admitted to probate, in Greene county, Alabama, in 1821, from which it appears that the testator devised Abby as a "negro girl slave" to his daughter Betsey Condra. He also devised a number of "negroes," amongst whom Polly is named, to his son William (the defendant,) for the use of his (the testator's) wife during her life, and then to be distributed, with their increase, equally among his children. It also appears from a transcript of the proceedings of the said Probate Court, in connection with the will, that in 1835, and perhaps after the death of James Daniel's widow, his executors returned an inventory of the slaves devised for her use, among whom is named "a negro woman Polly." It moreover appears that these slaves were distributed among the descendants of the testator, according to the provisions of the will, and Polly was