
    STATE v. VALENTINE BENDER.
    Court of Quarter Sessions. Kent.
    December, 1794.
    
      Read’s Notebook, 12.
      
    
    
      
       This case is also reported in Bayard’s Notebook, 34; Clayton’s Notebook, 2; Miller’s Notebook, 33; Wilson’s Red Book, 11.
      
    
   Bassett, C. J.,

said a majority of the Court were for admitting ex necessitate rel that she was a good witness by the common law and not excluded by the Act of Assembly from obtaining redress in that way; but if the assault had been on a white woman or man, he would not have admitted her.

Another witness proved that it was the Negro’s own assault.

Verdict of not guilty, and the Court refused to certify.  