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Respublica versus Mulatto Bob U.S. 145 (1795)

handle is hein.slavery/ussccases0060 and id is 1 raw text is: SUPREME COURT OF PENNSYLVANIA. September Term 1795. Respublica versus Mulatto Bob. NDICTMENT for murder of the first degree. The charge of the COURT was delivered by the Chief 7ustice, who stated the facts and the law to the following effect: (1) M'K.AX, Chief f.ustice. The evidence in this case may be comprised in a few words. It appears, that a wedding being fixed for Baster Monday, a considerable number of negroes as- sembled; and, about 10 o'clock at night, a quarrel arose between mulatto Bob, the prisoner at the bar, and negro. David, the de- ceased. For awhile, the parties fought with fists; and the priso- ner was heard to exclaim ccEnough.! The affray, however; became general, and continued so for some time.- When it was over, the prisoner went to a neighbouring pile of wood, and furnished himself with a club. He was advised not to use it, but he declared that he would, and entered the crowd with it in his hand. After remaining there about ten minutes, he left the crowd, without his club; and, again repairing to the wood-pile, took up an axe. Being, likewise, dissuaded from returning to the crowd with the axe, he said he would .do it; and striking the instrument, with great passion, into the ground, € swore, that he would split down any fellows that were saucy. Ac- cordingly, he mixed once more among the people; a struggle (1) DurIng the trial the counsel for the prisoner offered a negro slave as a witness in his favour; but, the attorney-general objecting to his competency, he was rejected, witiout argument: and it was said by M'KEAN, Chiefyug- tice, That it was a settled point at common law, that a slave could not be a witness, because of the unbounded influence of his master over him; which was, at least, equal to duress: that the act of assembly was in aid of the com- mon law, not to change its principles: and that it would be difficult to admi- nister an oath to a slave, for wanta fknowing any religion he professed. VOL. IV. U was

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