Trial For Practising Obea...
tOrm .,,Thetheibarv Lt. Pe4iSmi nature of' an oth. chrjste eddas. to his edeg- bf th4 CHZAISTvAAiN;.4-Areyou rjtn ?Y. CHeAIRtAw-I O tak the book and kiss It, andtw rw ao what weill happen to you ?-I will dead. . ear. I ale csetA timpw.-Ard where whill you thengot6t P-.To fteaven, CssAutaAX.-SUPppO you swe-ar false, whatt will happen to~you.? -Me will purge, and miy belly will swelL ' This he repeade mei'e ral times.II. e CstAItiLmA,.-He does not- und'erktatad the niiturioc a oath.- Yes, hlassa; know well;' belly will swelL. The CHAT RMAA desired that lhe should be exaimined witho'ut iijd- ministeritig the oath. The witiiess was then admonishred, arid told, that if he sworti false, hle would suffier the same punishment as tire prisoner Would be hub- jlected ro.0 WVhtess deposed, that his mother was Sick. 5hie andl pieisorer 'were conveinsing togdtter ; but did not lkhow what theY were takihg about. Witness asked prisoner, as, he-was sent to his mdother by the overseer, why he wotildt not go? Prisonmer told Iiim lie was not a doctor. Witnegs told him that be did his motlier so'(snade his motheT sick.) He (prisoner) Said hie was gotair to sea what he could d,Whiether he couild get her better or not. Prisioner.told,hlim the irnin his motiser's back stood cross, and if it carme out she Would be better. W7itness explained, that the prisoner mneant thtat thertws,s sad site had too many thiings in her skin, besides tIre iron bitr for tlhere was toots, and glass, and noeg4 sinite?' 'Witness carrie him up to the overseer, who asked primoner if what witness toldbihim was true, ana wvdttlss,said "4You can't deny it;" prisoner onliy ann. swered " I hear vou." Hecard prisoner say heto teeth front his mother's hack. Whien prisoner first began, lie stripped his miothier lnaked, called for water, tien rum, and put hi; nAiquth to his. mother's 'akin, suceed it, spit outt teetlh, then glass, a-nd was going on. wlit.. niestg asked why he bit his mother?P He said "1To get out the setltle." WVitness thten made him believe he was asleep, (and it Appears did go to sleep.) WVhen awake; he gaid to p-risAoner, that before he made his mother cry, cry, hie'd rather to kill he~r, as lie could not bear to siee it. Prisoner told witness there was isome. thisg in thc ground which did his mother so, and whiahhe mig ht take out, whot refusing, prisoner. t6ok ogxt himnself' teeth, some pieces of' glassbotean other thiings, all tied up toge- thier. Witness asked how thes things could catch his mother. Prisoner replied, " If you take a hiair out of a person's head, atnd Piut it into the ground with them stite, it will catch the somebody' thne hair come fromn." Witness satw the aeth-las. Prisoner told him to open the bag, hut he wotuld not. Now, for the fir.1t time, (the bag being.produced), opens ft by order of the Cdurt. On.the pri. qoner's opening it, witness-found teeth and other thing;s in it. Saw the articles himself' taken out of his mothier's flesh. He does not now see any fire-coal, whiich he once saw before hiis mother died. Theme things were giveni to him by writness2 to be thrown away. Prisoner's mother diedl two days after these tising3 were taken out of' her skin. Witness now explained himself by sayinig, theste articles are like those given hiim, but withiout the fire-coal ; has at home what were given hiim. Does not know lhov the prrisoner camec to kcnow he had not thrown them away ; but when witness told kim he baa done ao, prisoner said lie lied, for he had htid thiem. " Prisoncr too knowv in and trickify and very clever in Obeab business." He said, if' witness gave him breakfast, he wouldI cure his mother; or would witness be tiatisfied if he couldI not cute her quxite, if' she was made strong eniough to miake fire for Ihim ? Witness said lie would. Prisoner asked if witness would pay him then P WVitness said yes if'he was forced to borrow to give himi. Witness's mother was ill for a very long. time, And was thrown uip as an invalid. Prisoner on'ly took the cure about two or three mnonths bef'ore she died ; thinks hiis motlier wvould hiave died whiether prisoner had been withl her 6r no. Prisoner said that he was set on by perons to hairt hier. She 'Pas ill ChalesKin, anego bloningtoDawkins, who said he was a Chrstin, nd ivig rtioal nswrs,on hlis examination, of his Thi wines, hweer,wasso tupd)that nothiing could be made Antliony Jameq, a Christian sworn.-. Was directedi by the oyer- seer to take prisoner to the old woman named Pamila. He went withi him to old woman. Prisoner asked for salt, which was. g1i,ven bum, lie went out and got some liriises, dulled for rum, wh icht lie got, threw it into rum and salt, and took out a bag fromr his pocket (which was produced. Prisoncropened it, aLnd show~ ad th witness some soap, berries, chalk, sand shell; took S.ix, threw themn in water, when four swam, and two sunk, (le staid there was somnething In thec old woman's akin. He took chalk, and marked tie old woman's skin ; put his nioutli to old womnan's skin, held it hard, nan Shook is like a dog biting, sad sjt out some glass and teeth, which he said came out of' the awoman's; skin ; witness searched prisoner's mouth,syi " No,MNarble, you have it in your mouth,and make me fool."Fon stothing in prisoner's mouth who again suc'ked out teeth and glass bottle; swears he siaw it wieth his eyes; would not believe it else; aifter that,he took lfime and rubbed all over her, then mixed the chalk and linie, andi bidi her drink, which serfsed, siaying, if it was good, he Toust dlrink too, but prisoner would not. Pri soner left thxe old womran. She comnplained of his hurting her, and he was sent again by thie ovetlerto take charge of her. Prisoner is afield nero; knows tha-t the overseer sent the prisoner to take care of her. Mr.' NIt'Cleod, the trustee of' the property, sent thte prisoner to attend 'her; the old woman wasi sick far two years.; complaint wras made to the overseer that the old mnan nmade hier siick ; she lodged the complaint ; prisoner was put in the stocks ; mnaster (Mlr. M'Lecod) told the over- seer to send thec prisoner to take charge of liar ; prisoner was sent to attend the old womnan until she got better; when witness was asked the reason for prisoner being la the stocks, said it was from the coin. plaint of' the oldi woman that prisonier would not remain with her ; Dr1. Brownr was attendling the old womnan at the time; after thie old woman died, witness carried the teethi and bag to the overseer; wit. ness askedI prisoner where these articles were; he said he burnit them, but afterwards being order'ed to find them,witness waist withiprisoner, and foundl thnem in prisoner's shilpmate's house, hid let thie top. Mlr. Edmund WViiittaker sworn..-Ils overseer *of thie proplerty; sorDe tinic in Januar7 last, stit old woman Pamila, who is nowr dead, niade a comnplaint to hiim that this mian, the prisoner, lied obeahieI liecr. lie 'lent for htim, aind asked himt how he had dorie suchi a thiing, and wlhethier lie could cure hier. He told witness lie was not a dloctor, but wouild try what lie could do; witne-ss thern told hini to go andI attend the old woman, as she had re.Ruested it., In time cosu'se of ten days after, Air. AM'Ltod, whio wvas his attorney, came on thec estate, and he acquiesced in hiis proceeding. After this man liaed been with lier for about one mentli, hie was brouight with this glass bottle and hiog's teeth In hiis possestsion (now produced.) Thieoltd woman was then alive and came with him, andI told hiim at the same time that the prisoner said lie would not attendl sany longer, unless lie was paid ass other doctors. (A laugh.) Witnessiwas then corninr to town, and lie ordercd prisoner to go baclk and attend and cure icr. In consequence of his objecting to mind the old woman, they placed hinti in the stocks in witness's absence until hisq return. Wthen lie re- turned, hehrinmedhatelyorderod himout, observing that he would have no frightening of the neproes. The day previous to thiewomani's death thie witness Anthony Jamiies brouight the prisoner to hiim with the re- mainder of the hug's teethi, amid at the samne timne informed himi thiat the bag which the prisooner usuallyr carried his obeab timings in was not to be found, Ile asked prisoner what he had done with It;, he said he bad burnedt it. Hle told Anthony James to ko back and look for it, andI then he brotiglit the bag (which Is now produced) with the articles nowv In it. In the first instance, when coomqilaints were madle of the pelsorctr having done somethimig to Paini a, she said, in his presence, it was because site would nor be intimate withi himn; prisoner thecn said lie would try whiat lie could do for hi-r; she was ill for 15 months ; thle doctor liad attendedI her amid prescribed for liar, but site wrouldi not take the medlicinie, being always Posessed withi the idea that no one else but prisoner could cure lher. Thle dloctor whio attended said it was a dropsical case, anti did not know but it might hiave been produesd fromn ether than natural causes. Site uaetd these wordAs before site died:-" Andrew hadi 11o)e liar so."1 The aoctor prescribed nicellcine; she would not take but one dose, aiitel thtat was given by the prnisoner. Prisoner is con- sidered an obeahi mart, thoughi no guile could be attched to him pree. %imisly. The doctor istnortin attendance. Io a question by time COUxRT, wvitness said, that when her teeth were taken out, witness afterwards sent prisoner to take care of her. Toaqesrin bya .uror witessreplied, thiat the old woman said inthepreenc of he risner tht n other but prisoner couldI cureher,whenprionersaidhe wuldtry. 'rIt Csarmse.S sad, hmmtthewites's must recollect that he tiad cotiultd wih hm asto he ncesityof an ir quest being hield 'in the eceaed. n tat ocasir, te wtness hadtold himi thlat there were none butt natural cause' to which tier death could be attributedc, tind under those circumstances he lhad consitdered- an inquest unne- cessary : had he stated whiat lie had justsaid, hisi opinioni would 1have been tbe 'reverse, lie wished the witniess to account for tlist variance. The witness said thjat sie oiiglit have diedl of thedsropsy, of whiceh there were thiree kinds. S~he appeared to ltavc water between die cuticle and ite fleslis. To A qeto from a Juror, lie replied, that the deceased i-as sick if, lnmtmiths befo-re the prisoner attentfesi lien;, the deeaed had staid in witne"ss' and the prisoner's prcsence, that theprisonier dlid ler so, be- cause she would not let himo be imtti,msnet,witli her. The hiog's teeth, broken glasr. chialk, fire-coal, dog's teethi, goat's liorn, shanik bones, soap berriesi, and three or four alligator -vales, with sundry other Obeali tools in the bag, were producedl in evidenice, a-nd idemitifledt as the pirisoner's. The prisoner, tn hiis defence, commenced by stating tlhat lie was not An Obeahi ~smtn to kill, butt An Obeah man to cure, (thiat is, we suPPose as9 they used to say In lFngland, lie was not a black wizard, nor a whitney white, norg,ray wizard, buta white one). The Court advisce lItin-i to be silent, and not convict hitmself. to sustain the count under wbiieh the Arisoner, being charged "L mitht practising Obi, with intentt5o kill and injure certain negro and other slaves," would be subject to lose his life. The lawin requiirig that no objection should be taken as to form, was most. stiutary; but it could not be construed so as to support the present ease. The Jury would consider 'what the Cotrt- stated to bhi thlefi Iinpression, that the words "certain negro andm other slaves" (lid - not set out' tile oflrcnce so prcoisely a% nig ht have been done, and as ste Court con. sidered necessary. Withi regard te, the chargc ngainst the prjsoncr of having: niaterials in his posession notorioutly tised in tse prac tice of' (beab, there canit we submit, (siod the Chairman), be no doubt of sIte prisonler's guilt. 'this last ofhncc subjeots-himn to' transimortation. -H Is Honour then read tlie dauscs of rme law under wYhici the prisoner wfas indicted, and commnented on -tie evidrnce. The Jury retired lor some time, and rreturited averdict.-Guity of * BSy Ott 01 the clanses of the Slavc Law, It Is provided that a false witness Aalil suffer ti.e sanc pulifslntcilt as the prissoner would be. stuhject to, If fooi,d guilty. It Is under thistclaitc, we believe, that st1ves, tiot awareoof thl iattire of a ChrIstian oath, are adjplited to gIve evidence ivltihout being sworn. We doubt; howcevr. wlieti;hr thllls alegitimnate onntruetlon of the statute. y ti ruica of evt- dcetc.-n awitness mustb asworn acording tolilt falth.;asn MmrJom'e- tan ott tab Aleoran and therefoto vwhere -negro 6tiin's hsnid'- thc Bible-will occasion hrle deatlm,f ho takes a false onth, We eoneqds' H-e' rlgh ibe ssvern. If a wvittis be)uot sworn. hts'eidene eann7dt wv ehoui cnneslve be received,' actording to tale Yule of lavw, hyi ehll' even a peer, insimihar enases, Is nJt-admiltetadash WvStnetirK 9hu ji,ti ot ln criminal cases, tihe maxim of1a4tvI "thatf, b offe sllteve;who' is not sworir." Ourcotemnporarios who 'areJtlsgttratr becaugiey are dotiful to the "genibenhos ecmMt." Will "Prlain thli,lf ltbc .cih t~ appears that this sas .a tove case. The, 51rd-loyer'was 'an' ugly stupid, monkey-looMVIg Afnistni his face 14itiCl iadlr broad and Olakby I t ejtree. Iot,il d ~o~Itorous2 u~d i' ?h pr,ni~ of~QbioIekof&ibki5 are Subject to .tra Apotiton ,You havernost wonderfully iiyur if you ofbe s most henipous ; (the priqoner NyalO* volice," nea, aiygood Mass,o, t!uIke," evidenitly andijijij mliip W, wvho thutsConi~nued), but you do'nt me, anft, is , ,1 I sliould be shiort. lie then 13,i'. to transportation for life. r valued the old warlock at 201. , I- 1)oAgm .wt vrt ? ST. 'hr: f- l!'Stl'*VE-COU