The British Press; or, Morning Literary Advertiser.
London, England, 1824-08-25 00:00:00

TRIAL FOR PRACTISIXG OBEAIL

.) Jecri.

ST. CAT lIVIIITTE'D (JAMAICA..
,!.Acct Ct )1• RT.
Immedia•cly after the Quarter Sessions et St. Jag.) de la Vega,
natured yesterday, terminated. a Slave ('curt was birtrg
Their ll'orsitips F. Smith, (Custos), J. Bichnell, and G. H.
Townsend. presided.
Andrew Alarble, slave to James Dawkins. Esti. for practising
Mesh, and for having in his possession various articles notoriously
used in such practi,•e, was viand at the liar.
Ethe nd Graham, a black slave, examined as to his idea of the
nature t* an Oa h.
VII AI t vA ar.—Are you christened?
W itness.—]'es.
en AIN MAN.—If you take the book and kiss it, and answer
what will happen to you ?
Witness.-1 will dead.
MAI it MAN.—And a here will you then go to?
Witnees.—To Heaven.
EII Al 11.114111.--Suppsose you swear false, what will happen to
you
11'itness.-31e will purge, and my belly will swell. (This he
repeated several times.)
EITAIMMAX.—IIe does not understand the nature of an oath.
M'jtness.—lics, Massa ; know well ; belly will swell.
The CHAIRMAN desired that he should be examined without ad-
ministering the oath.
The .witness was then admonished, and told, that if he swore
false, he would suffer the sante punishment as the prisoner would
be subjected to.*
Witness deposed, that his mother was sick. She and prisoner
were conversinF together, hut he did not know what they were talk.
ing about. Vi one's asked prisoner, .as he was sent to his mother
by the overseer. why he would not go ? Prisoner told him he was
not a doctor. Witness told hint that he did his mother so (made
his mother sick.) He (prisoner) MIDI he was going to see what he
could do, whether he could get her bet ter or rot. Prisoner told
him the boa in his mother's back stood cross, and if it came out
she would be better. Witness explained, that the prisoner meant
that there was an iron bar across his nmther's over
me I
under her skin. Prisoner said, •• she hail too many things in her
skin, besides the Iron bar, for there was foots, and glass, and novel
li
node." Witness carried him up to the overseer, who asked pri-
sorer if what witness told hint was true, and witness said " you
can't deny it:" prisoner only answered " I hear you." Heard
prisoner say he took teeth front his mother's bark. When pet-
toner first began, he stripped his mother naked, called fee
tester, then runt, and put his mouth to his mother's skis,
sucked it, spit out teeth, then glass. and was going on. Wit-
ness asked why he bit his mother? He said •• to get out the
emote." Witness then made him believe he was asleep, (and it
appears did go to sleep.) When awake, he said to prisoner, that
before he made his mother cry, cry, he'd rather to kill her, as he
could not bear to see it. Prisoner told witness there was some.
thing in the ground which did his mother so, and which be
might take out, who !refusing, prisoner took out himself teeth,
some pieces of gime bottle. anal other things, all tied
ther. Witness asked how these things could catch his mother.
Prisoner replied, " if you take a hair out of a person's head, and
put it into the ground with them node, it will catch the somebody
the hair come flow." Iltness saw the artics. Prisonr told
hint to open the bag, but he would not. Now for the firste time,
(the bag being produced), opens it, (by order of the Court.) On
the prisoner's opening it. witness found teeth and other things in
it. Saw the articles himself taken out of his mother's flesh. He
does not now see any fire coal, which he once saw, before his met-
, they died. These things were given to hint by witness, to be thrown
away. Prisoner's mother died two days after these things were
taken out of her skin. IVittiess now explained himself by stating,
these articles are like those given him. but without the fire-coal ;
has at home what were given hint. Does not know how the pet.
aoner came to know he had not thrown them away ; but when wit-
ness told him he had done so, prisoner said he lied, for he had hid
them. " Prisoner too knowin and triekify ai.d very clever in *bah
business." He sail, if witness gave him breakfast, he would cure
his mother, or would prisoner be satisfied if he could not cure her
~quite, Willie was made strong enough to make tire for hint ; witness
said he would. Prisoner asked if witness would
.pay him then 1
Witness said yes, if he was forced to borrow to give him. Wit-
ness's mother was ill for a very long time, and was thrown up as
an invalid. Prisoner only took the cure about two or three months
before she died ; thinks his mother would have died, whether pri-
' soner had been with her or no. Prisoner said that he was set on
by persons to hurt her. She was ill for a year and a half of the
same sickness.
Charles King, a negro
.belonging to Dawkins, who Pays he is
Christian, and giving rational answers on his examination, of his
idea of an oath, was sworn.
This witness, however, was so stupid, that nothing could be
made of his evidence.
Anthony James, a Christian, sworn.—Was directed by the over-
seer to take prisoner to the old woman named Parted& He went
with him to the old woman. Prisoner asked for salt, which was
given him. He went out and got some lime, caplet for rum,
which he got, threw it into rum and salt, and took out • bag from
his pocket (which was produced). Prisoner opened it, and ,hewed
the witnesst some soap, berries, chalk, and shell ; took six, threw
them in weer. when four swam, and two sunk. He said there
was something in the tild woman's skin, Ile took chalk and marked
the old woman's skin ; put his mouth to old woman's skin, held
it hard and shook it like a dog biting, and spit out some glass and
teeth, which he said came out of the old woman's skin ; witness
searched prisoner's mouth, saying* no Barbie, you have it in
your mouth and make me tool ; ffaunnothing in prisoner he
's
mouth, who again sucked out teeth and gloats bottle ; swears
saw it with his eyes; would not believe it else • after that he took
lime and rubbed all over her, then mixed the chalk and lime, and
bid her drink, which she refused, saying if it was good he must
drink too, but prisoner would not. Prisoner left the old woman. She
complained of his hurting her, and be wrs sent again by the over-
seer to take charge of her. Prisoner is a field negro .•M•lood knows t
tha
the overseer jent the prisoner to take care of her. Mr.. the
trustee of the property, sent the prisoner to a:tend her • the old
woman was sick for two years • complaint was made to the overseer
that the old man had made her sick ; she lodged the complaint ;
prisoner was put in the stocks; muster (Mr. M•Leod) told the
overseer to send the prisoner to take charge of her ; prisoner was
sent to attend the old woman until she got better • when witness
was asked the reason for prisoner being in the stocks, he said it was
from the complaint of the old woman that prisoner would not re-
main with her ; DT. Brown was attending the old woman at the
time; after the old woman died, witness carried the teeth and bag
to the overseer ; witness asked prisoner where these articles were ;
he said he burnt them, but afterwards being ordered te find them,
witness went with prisoner and found them in prisoner's shipmate's
house, hid in the top.
Mr. Edmund ll'hittaker sworn,-Is overseer of the prop
some time in January last, the old woman Pamila, whoiew,
dead, made a complaint to him that this man, the prisoner, had
obeahed her. Ile sent for him and asked him how he had done,
such a thing, and whether he could cure he: ? Ile told witness he
was not a doctor, but would try what he could do ; witness then
told hint to go and attend the old woman as she had requested it.
In the course of ten days after, iilr. 111•Leod, who was his attorney,
came on the estate, and he acquiesced in his proceeding. After this
man had been with her for about one month, he was brought with
this glass bottle and hogs' teeth in his possession (now produced).
The old woman was then alive and came with him, and told
him at the sane time that the prisoner said lie would not attend
any longer, unless he was paid as other doctors. (A laugh.) Wit.
ness was then coming to town, and he ordered prisoner to go back
and attend and cure her. In consequence of his objecting to mind'
the old woman, they placed him in the stocks in witness a absence
until his return. ‘S-hen he returned, he immediately ordered
hint out, observing, that lie would have no frightening of the
negroes. The day previous to the woman's death, the witness,
Anthony James, brought the prisoner to him with the rew
minder of the hogs' teeth, and, at the same time, informed him,
dud the ba which the prisoner usually carried his obeli
things in, s
wags not to be found. He asked prisoner what he had
dune with it ; he said he had burned it : he told Anthony
James to go back and look for it, and then he brought the bag
(which is now produced) with the articles now in it. In the first
Instance, when complaints were made of the prisoner having
done something to Pamela, she said in his presence, it was because
she would not be connected with him ; prisoner then said he would
try what lie could do for her: she was ill for 15 months; the Doc-
tor had attended and prescribed for her, but she would not take the
medicine, being always possessed with the idea that no one else
but prisoner could cure her. The Doctor who attended, said it
MUM a dropsical case, and did not know but it might have been
produced from other than natural causes. She used these words
before she died, " Andrew hail done her so." The Doctor pre-
seethed medicine ; she would not take but one dose, and that was
given by the prisoner. Prisoner is considered an obeah man,
though no guilt could be attached to him previously. The Doctor
is not in attendance.
To a question by the Court--Witness said, that when per
teeth were taken out, witness afterwards sent pnsouer to take care
of lier.
To a question by a Juror—Witness replied, that the old woman
said, in the presence of prisoner, that no other but prisoner could
cure her, when prisoner said he would try.
The Chairman said, that the witness must recollect that he had
consulted with him as to the necessity of an inquest being held cie
the deceased. On that occasion the witness had tuld him that there
were none hat natural causes to which her death could be attri-
buted, anti under those circumstances he had considered an inquest
unnecessary • had he stated what be had just said, his opinion
would have been the reverse. He wished the witness to account'
for thia variance.
The witness said, that she m:glit have died of the dropsy, of
which there were three kinds. She appeared to have water between
the cuticle and the flesh.
To a question from a Juror he replied, that the deceased was
sick fifteen months before the prisoner attended her ; the deceased
lisil said in witness's and the prisoner's presence, that the pri-

• B; one of the clauses of the Slave Law, it is provided, that a-
false witness shall sorer the same punishment as the prisoner
would be subject to, it found guilty. It is under this clause, we
believe, that slaves, not aware of the nature of a christian oath.
are admitted to give evidence without being sworn. We doubt,
however, whether this is a ligititwate construction of the statute.
By the rules of evidence, a witness must be sworn according to his
faith, as a Mahotnetan on the Alcoran ; and therefore where a
negro thinks kissing the bible will occasion his death, if he takes
a false oath, we conclude, lie might be sworn. If a witness be not
sworn, his evidence cannot, we should conceive, be received, ac.
cording to the rule of law by which even a Peer, in similar cases,
is not admitted as a witness, but on oath. In criminal cases, the
maxim of law is, •, that no one is believed who is not sworn."
Our cotemporaries, who are Magistrates, because they are dutiful
to the "falba semivir," will explain this if they can.