
    STATE v. LEVIN SMITH, Negro.
    Court of Quarter Sessions. Kent.
    May, 1802.
    
      Rodney’s Notes.
    
    
      Vandyke [for the State]. Rodney, Ridgely [for defendant].
    John Adams sworn. John Davis and William Adams sworn; also several other witnesses.
    Verdict, guilty.
    Motion in arrest of judgment by defendant’s counsel on the ground goods charged to have been the property of John Adams, a Negro. One point, a slave can hold no property. Next, that the presumption of law is that every Negro is a slave prima facie. Every person that appears in court with a black complexion is a slave. Case of CoTlins v. Hall. . . . Sussex. That a free black from Maryland should not be admitted a witness.
    
      Vandyke, Attorney General.
    4 Bl.Comm. 375. 2 Bl.Comm. 93. Villains in England had a right to hold property against others, their lords excepted, and slaves may here. Indictment will lie by a person having special property.
   Court overruled the objection, and sentenced [defendant] to be whipped with 21 lashes, etc. $400 restitution.  