Beverly v. Williams

Decided June 15, 1839

Supreme Court of North Carolina · decided 1839-06-15

This was an action of trespass vi et armis, brought to recover damages from the defendants for killing a slave of the plaintiff named Elias.. Upon the trial, at Hertford, on the last circuit, before his honor Judge Saunders, the evidence was, that some of the defendants shot arnnaway slave found in the swamps of Gates county, and that the other defendants were present and encouraged the act to be done.

Decided 1839-06-15

Daniel, Judge,

¶1after stating the case, proceeded as follows: On questions of identity of persons, and of handwriting, it is every day’s practice for witnesses to swear that they believe the person to be the same, or the handwriting to be that of a particular individual, although they will not swear positively; and the degree of credit to be attached to the evidence is a question for the jury. 1 Stark. Ev. 153. The charge of the Judge was correct, and the judgment must be affirmed.

¶2Per Curiam. Judgment affirmed.