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1 D.C. 370

Minchin v. Docker

District of Columbia District Court

Decided December 15, 1806

District of Columbia District Court · decided 1806-12-15

Slander. Charles Cavender, a black man, was admitted to testify for the plaintiff, after witnesses had been examined by the Court on oath, and testified that Charles had acted publicly for eleven years as a free man, and was generally reputed as such.

Decided 1806-12-15

Duckett, J.,

¶1said that persons born free, that is, descended from a white woman, were not, in Maryland, held to be negroes; and were permitted to testify against white persons. And although color is primé facie evidence of slavery, yet the fact that the witness had, for a long time, publicly acted as free, turned the presumption the other way, and was primé facie evidence that he was born of a white woman.

Cranch, C. J., concurred. (Fitzhugh, J., absent.) See the Acts of Assembly of Maryland, 1717, c. 13, § 2, and 1796, c. 67, §5.
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