Page:United States Reports, Volume 2.djvu/231

 Scrum: Couar or Pemgglwuia. aa;. g words: •* If an perfon or perfons {hall, from and after the 179;. paffmg of this ad, by force or violence, take and carry, or caufe •.rw~.J to be taken and carried, or {hall by fraud feduce, or caufe to be feduced, any negro, or mulatto, from any part or parts of' this {tate, to any other place, or places whatfoever, with a deiign and intention of felling and dilpofing, or of cauiing to be fold, or of keeping and detaining, or of caufing fo to be, as a ilave, or fervant for term of years, every fuch perfon and perfons, their aiders and abettors, {hall, on convi£tion," forfeit { too, and be confined at hard labour for any term not lefs than fix months, not more than twelve months. The indi&ment contained two counts; the nfl: charging the defendant with fraudulently fedua eing negro Toby from Femgfylvemia into New-_‘}°erfey, with a dee Iign to enllave him :_ and the ad charging him with fraudulently cauling negro Toby to be fo feduced, for the fame purpofe. _ Upon the evidence iufupport lgyftbe pre/irruion, it appeared, that negro T oby had been broug t upon a temporary vilit to Plu7ade@L·ia, as a fervant in the family of General Sevier, of the State of Virginia; that when General Sevier propofed returning to Wrginin, the negro refufed to accompany him; that after feveral propofitions for feeuring him, the defendant told Mr. Sevkr,that there was no way of managing the matter eifeétually, ` but by inducing the negro to go into Ne·w-jerfey, and their to lay hold of him; that Toby was forcibly fent by General Sevier, to Cooper’.r-Ferry, whither the defendant went on purpofe to fecure, and at].ual1y_ did fecure him ; that after fome feverity towards the negro, Gen. Sevier arrived at the fame place, and demanded E12-by’.r pocket-book, which Toby, however, delivered to one of the witneiles, faying, •* it contains my freedom pa- pers"; that the witnefs delivered the poeket·book to_ General Sevier; and that, finally, the defendant and General Sevier put Toby on board of a boat, and carried him down the river. . The evidence, on Jeboyfqftbe dfmlont, proved, that Toby was a llave, belonging to the father of General Sevier, who had lent him to his fon, merely for the journey to Pbilodehsbis; and feveral witnefies, who had known Toby as a llave for more than ten years, were examined, to repel the idea, fuggefted by the ne- _ gro himfelf, that he had ever been emancipated. As foon as the tellimony was clofed, THE COURT flopped the defendant’s couufel, .M*Kerm and Porter, who were about to argue the cafe, and declared that it was unnecc.{I`ary to make a fingle remark in his defence. HolIo·we!l and Lewir, in fupport of the profeeution,atten1pted to eltahlifh three polition-tit. '1`hat the defendant had feduced negro Toby from this, into another, Hate, with an intention to enllave him :-2d. That the fa£t of ‘I2by’: being a llavc did not fatisfaélurily appear :-And gd. 'ghat even if the fat} of his li lniirtg

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