
    O’Neale v. Willis.
    
      Quiere — whether a free colored man is a competent witness in a cause between white persons 1
    
    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. Crancb, C. J., was in favor of admitting him, upon the authority of Mullany's case, in this court, 1 Cranch, C. C. 517, at July term, 1809. Thruston, J., contra. The witness was not sworn. A juror was withdrawn by.consent.  