Davis v. Forrest

Decided June 15, 1811

Petition for freedom. offered the record of a recovery in a suit for freedom by Rosamond Bentley v. A. Addison, which the Court (Cranch, C. J., absent,) admitted as evidence, to prove the freedom of Mary Davis, the ancestor of the present petitioner, and of the said Rosamond Bentley, who was the petitioner’s aunt. contended that hearsay evidence would be- admissible, and, if so, a- fortiori a record which,although between other parties, goes to the same facts.

Decided 1811-06-15

The CouRT

¶1also suffered the depositions of witnesses, now dead, which had been taken in that suit and made part of that record, to be read in evidence as hearsay. The Court also suffered the defendant to read such parts only of a record which he produced as he thought proper, and said it was competent for the counsel of the petitioner to- read the residue. The Court also admitted in' evidence the record of a recovery by the ■ petitioner’s sister, • Susan Davis, of her freedom, on the ground of having been free-' born.

¶2Verdict for the defendant.