Charles MAHONEY v.ASHTON
.May Term, 1799.4 H. & McH. 295
General Court of Maryland.
PETITION for freedom,
the petitioner (Charles Mahoney) claiming to be descended from a free woman named Ann Joice.
The Court are of opinion that the part of the deposition objected to is admissible to be read in evidence to the jury, the same being general reputation of the fact that Ann Joice's family were free. The defendant excepted to this opinion, &c.
2. The petitioner also offered to read in evidence to the jury, the following part of the deposition of Ann Hurdle, taken on the 28th of May 1797, by consent, to wit: “That she has also heard the Tuckers and Lovejoys, who were old people, and who are now dead, talk about it, but cannot recollect what they said, more than they censured those who kept them.” To which the defendant by his counsel, objected
The court are of opinion that the part of the deposition objected to is not evidence, and cannot be permitted to be read in evidence to the jury. The petitioner excepted to this opinion.
3. The petitioner also offered to read in evidence to the jury, the special verdict which had been found by the jury, sworn to try the issue in this cause, at October term 1797,b and which had been heretofore set aside by the court on account of the same being adjudged defective, the fact that Ann Joice was in England not being expressly found. To which the defendant, by his counsel, objected, because the petitioner had the same testimony now to support his issue which was offered to the former jury.
The court are of opinion that the special verdict may be read in evidence to the jury. The defendant excepted to this opinion.
4. The petitioner, by his counsel, prayed the following direction of the court to the jury: “That if, from the evidence, the jury are of opinion that the woman Joice, from whom the petitioner is descended, was in England, and came from thence, they must find a verdict for the petitioner.”