(in Ashley county,) while the defendant was talking to the judge, respecting some matter apparently before the Court, and heard him say, that no person, except himself, could prove that Abby had a drop of negro blood in her, and he could not do it without reference to his papers; and he did not know that he could do it then, etc.
FOR THE DEFENDANT.
Thos. S. Thompson.—Had known Abby since 1822, when she was a little girl, and was living with James Condra (who married defendant's sister Betsey). Also knew Abby's mother, Polly, generally called "Aunt Polly," who was a yellow woman, darker than white—a tolerably bright mulatto, and a shade darker than Abby. Could not say whether Polly was of African or Indian extraction. Had seen half-breeds as white as she was. She was then in advanced age, was called a mulatto, and had the appearance of such. When witness first knew her, she was the slave of defendant's mother, who lived with him. Polly was under his control, with other slaves of his mother.
Witness knew Abby first at Condra's. She afterwards lived both with Nathaniel Daniel (defendant's brother,) and defendant. The latter brought her from Alabama to Arkansas. Never knew her to claim to be free. Knew her and her mother both as slaves. Polly had dark straight hair—had a curl on the side of her head. Hair dark as Abby's. She had other children besides Abby, who were slaves; and she always held herself as a slave, and acted as such. She and Abby always labored and conducted themselves as slaves in the family, with the exception that they took more care of themselves perhaps than others. Polly wore her hair long, with a comb—was a house servant, the cook, usually wore a cap, and took good care of herself—she called defendant Master Billy. Witness was brother-in-law to defendant—had never studied Physiology, nor the distinction of races. Had seen persons darker than Abby without any stain of negro blood. Had seen women, who were in the habit of working in the field, get to
