Torts · MBE-tested
O'NEALE v. WILLIS
18 F. Cas. 6982 Cranch. C. C. 108·United States Circuit Court of the District of Columbia·1809
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Opinion
Case No. 10,616,
O’NEALE v. WILLIS.
[2 Cranch. C. C. 108.]
Circuit Court, District of Columbia.
July Term, 1809.
WlTXESS — PbEEDMAX—COMPETÉXCT.
Quaere, whether a free colored man is a competent witness in a cause between white persons.
Assault and battery, by beating the plaintiff's slave. A free colored man was offered by the plaintiff as a witness.
THE COURT was divided as to his admission.
[Reported by Hon. William Cranch, Chief Judge.]
[MAJORITY — CRANCH, Chief Judge,]
CRANCH, Chief Judge,
was in favor of admitting him. upon the authority of U. S. v. Mullany [Case No. 15,832], in this court, at July term, 1809.
THRUSTON, Circuit Judge, contra. The witness was not sworn. A juror was withdrawn by consent.