Page:Daniel v. Guy (1857).pdf/8

128

Rh

allotted to Betty Burton's heirs, and valued at $300, by commissioners appointed by the Court to make the divison.

The defendant also introduced a bill of sale executed to him by James Condra, on the 23d June, 1825, conveying to him, for the sum of $400, in hand paid," "one negro girl named Abby," thirteen years old," etc., warranting the title, etc.

The defendant also read in evidence an instrument executed 2d July, 1842, by Nathaniel Daniel, by which he relinquished all his right, title, claim and interest "in a certain negro woman named Abby, and her children Frances, Elizabeth and Mary, unto Wm. Daniel (defendant,) for the balance that I (Nath. Daniel,) am due him for the purchase money for said negroes."

The defendant offered to read in evidence the will of Nathaniel Daniel, dated in August, 1842, by which a number of slaves were devised to him, etc. But the Court excluded it. Neither of the plaintiffs appears to be mentioned in this will.

The above being the substance of the evidence introduced by the parties, the Court, on the motion of plaintiffs, and against the objection of defendant, instructed the jury as follows:

1st. The only issue for the jury to try upon all the evidence before them, is whether the plaintiffs were free persons or slaves.

2d. In settling that issue, the jury should govern themselves by the following rules of law:

1st. If the jury find, from the facts and evidence before them, that plaintiffs had less than one-fourth of negro blood in their veins, the jury should find them to be free persons upon that fact alone—it being prima facie evidence of freedom—unless defendant, on his part, had proven them to be slaves—and

2d. If said plaintiffs are found to be less than one-fourth negro, then defendant can only prove them to be slaves, by proving, to the satisfaction of the jury, that said plaintiffs are descended from a slave on the mother's side, who was one-fourth