Newbern,
March Term, 1794.
MR. Solicitor-General Jones had drawn a bill of indictment for burglary against the defendant: and at the moment it was about to be sent to the grand jury, and the book was handed to the witnesses:
Martin
called the attention of the Court to the table: observing that one of the witnesses about to be sworn, was a negro slave; that although the defendant was a negro, yet, he being a freeman, it was perhaps improper that a slave should testify against him.
M’Coy, J.
[Ashe, J.tacente.]
If there be any thing in the objection, the court will attend to it at the trial.
The slave was sworn, and the bill was found. The prisoner being arraigned, pleaded not guilty; but made his escape before the day assigned for his trial. See Cox vs. Dave, postea, p. 43.