
    Case No. 10,616,
    O’NEALE v. WILLIS.
    [2 Cranch. C. C. 108.] 
    
    Circuit Court, District of Columbia.
    July Term, 1809.
    WlTXESS — PbEEDMAX—COMPETÉXCT.
    Quaere, whether a free colored man is a competent witness in a cause between white persons.
    Assault and battery, by beating the plaintiff's slave. A free colored man was offered by the plaintiff as a witness.
    THE COURT was divided as to his admission.
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   CRANCH, Chief Judge,

was in favor of admitting him. upon the authority of U. S. v. Mullany [Case No. 15,832], in this court, at July term, 1809.

THRUSTON, Circuit Judge, contra. The witness was not sworn. A juror was withdrawn by consent.  