Page:Daniel v. Guy (1857).pdf/6

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126
CASES IN THE SUPREME COURT
[19 Ark.

Daniel vs. Guy et al.
[July

be almost as dark as mulattoes, and as dark or darker than Abby's mother. Had seen Portugees and Spaniards as dark as she was. She died several years before witness left Alabama. Abby ca me with defendant from Alabama to Arkansas, and witness never had any other idea than that he brought her, always looking upon her as a slave. She went on the Bayou to live, etc. Had seen white person's hair curl as much as Abby's mother's. Witness did not know whether she had any negro blood in her veins or not. He only inferred so from her being treated as a slave, and from her dark color. If negro at all, she was a very bright mulatto.

James Barnett—was forty years old, and had known the defendant and Abby all his life. Had seen the other plaintiffs. Abby belonged to James Daniel, father of defendant, and (maternal) grand father of witness, when he first knew her. Had seen her in the possession of James Condra as a slave, and afterwards in the possession of defendant. Witness also knew her mother, when she lived with his grand father. She was a slave, not black nor white—could not speak positively as to her color, she having been dead fifteen years—she was not to say black, nor as white as some—not a dark mulatto. Her hair was about straight, might have been somewhat kinky. From appearance she was not white—was a shade darker than Abby. Had seen persons recognized as white, who were as dark as Polly—not certain that her hair curled, or was kinky.

James Kates. Had known defendant and Abby for thirty years. First knew her at James Condra's. Knew her mother Polly, who was of the color of a bright mulatto. First knew her at defendant's. She was serving as a slave. Abby called defendant Master William.

K. B. Thompson. Knew Abby in Alabama. Also her mother. She was a mulatto, a bright mulatto, say of the complexion of a dark white person. Defendant brought Abby to Arkansas. She called him Master Billy. Witness did not know, and could not say that Polly had any negro blood in her. Her color was dark, she was treated as a slave, and he called