Page:Daniel v. Guy (1857).pdf/9

19 Ark.]  1857.]   negro or more, (and if she) were less than one-fourth negro, that would be prima facie evidence of freedom in her.

3d. The fact that plaintiffs or their ancestors, have been actually held in slavery, or their words and acts in that position are not conclusive evidence that they were rightfully held in slavery; and the only satisfactory proof of such right, is the fact that they are descended from a negress, or a woman one-fourth negro, who was a slave.

4th. Even though they should find Abby to be a slave, still the jury should find the others persons to be free, unless it has been proven that they are one-fourth negro, or are the children of Abby, a slave, or other slave, who is one-fourth negro.

5th. That, observing the (principles) premises before laid down, every presumption, consistent with reason, should be indulged in favor of freedom.

The defendant moved the following instructions, all of which the Court refused to give but the fourth:

1st. If the jury believe from the evidence, that Abby's mother was a slave, and that she was always known and held as a slave, it is prima facie evidence that Abby and her children are slaves.

2d. If the jury believe, from the evidence, that Abby's mother was a negro, or of negro extraction, and was always held and known as a slave, that is prima facie evidence that Abby was, and is, a slave.

3d. If the jury believe, from the evidence, that Abby has always been known and held as a slave for the last thirty years, and during that time called William Daniel "Master," and acted as his slave, it is evidence she is a slave, unless she has been set free by law.

4th. Party in Arkansas can only emancipate a slave by will or deed, under statute.

5th. All evidence on Physiology, is irrelevant, and not to be considered by the jury as evidence herein.

6th. If the jury believe, from the evidence, that the plaintiffs were legally held as slaves in Alabama, and have negro

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