I interpreted from Annes's comments, that it wasn't whether slaves had the
right to testify, but if they had the courage given the time and
circumstances... there still seems to be a wide gap between the printed word
and current practices in the legal system........
Ron
paul finkelman wrote:
>
> 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
> >
> > To subscribe, change options, or unsubscribe, please see the instructions
> > at http://listlva.lib.va.us/archives/va-hist.html
>
> --
> 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
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>
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