United States v. Negro Priscilla West.
Evidence that a colored person has resided in the county and city of Washington for a year and more, going at large as a free person, and claiming to be free, in the absence of all contradictory evidence, except color, is sufficient to rebut the pre sumption of slavery, arising from color.
A coloRed woman was offered as a witness for the United States.
Mr. W. L. Brent, for the defendant,
objected that primd facie she was a slave.
Mr. Eckloff testified that she had lived in his family as a free woman; that he had known her about twelve months; and that she was generally reputed to be, and passed as a free woman.
Mr. D. Waters, a constable, testified that he had known her about a year, and that she was generally reputed to be a free woman. That she had acted openly as such, and everybody believed her to be free.
[MAJORITY — The Court]
The Court
(nem. con.) said this evidence was sufficient to
rebut the presumption arising from color, and to throw the burden of proof on the defendant.