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From:
paul finkelman <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Tue, 7 Jan 2003 16:16:51 -0600
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slaves in fact could testify against other slaves.
paul finkelman

Anne Pemberton wrote:

> I have a problem seeing these as "trials" in the typical meaning of the
> term. The slave would not be able to call other slaves to witness for the
> defendant since they could not honestly pledge to tell the "whole truth and
> nothing but the truth" if it was not in the master's interest for the
> witnesses to do so.  Were there attorneys available to mount a defense for
> a slave? Or was it a mock trial? Was justice served, or just the master's will?
>
>                              Anne
>
> At 09:57 AM 1/7/03 -0500, you wrote:
> >I'm not sure what incident you are referring to in regard to Cicley
> >Reynolds, but slaves did have the right to trial and there many examples in
> >the various county order books. Orange County, for example, documents a case
> >where a slave was tried (and convicted) of poisoning her master.
> >
> >-----Original Message-----
> >From: Discussion of research and writing about Virginia history
> >[mailto:[log in to unmask]]On Behalf Of Reyesuela
> >Sent: Monday, January 06, 2003 7:40 PM
> >To: [log in to unmask]
> >Subject: [VA-HIST] slightly OT: Re: Jefferson nephew chops a Black man
> >to pieces
> >
> >
> ><shudders>  It's amazing what horrible things you can find in a past that
> >many (including myself) would like to idealize.  I myself was researching
> >Cicley Reynolds (her first name is spelled several different ways on verious
> >documents), an ancestress and early settler int he Jamestown area, and aside
> >from learning about her four husbands and the first breach of promise suit
> >in America, I discovered that she killed a family slave girl for poisoning
> >and killing the last of her husbands.  Whether or not the accusation was
> >true will never be known, because as a slave, the girl never got a trial.
> >Nor will it be know what desperation, madness, or hatred could have
> >motivated such an act.
> >The more I read about the social history of slavery, indentured servitude,
> >and/or serfdom in any culture--be it Roman, American, Australian, or
> >Russian--the more convinced I am that bound servitude is an instution that
> >fosters the very worst and most brutal in men, the served and serving both.
> >
> >
> >
> >---------------------------------
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>
> Anne Pemberton
> [log in to unmask]
>
> http://www.erols.com/stevepem
> http://www.educationalsynthesis.org
>
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--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74104-3189

phone 918-631-3706
Fax   918-631-2194
e-mail:   [log in to unmask]


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