Humphries v. Tench. Civil Court Report


Negro Humphries v. Tench.

Depositions taken in another suit for freedom, by one of the same family, cannot be read in evidence as hearsay respecting the condition of their common ancestor.

Petition for freedom. The defendant offered to read the depositions in a record of Charles County Court in Maryland, in a suit for freedom, by one of the same family of negroes, as hearsay in relation to the common ancestor of that family.

Mr. Key and Mr. Caldwell, for the petitioner, objected and cited 1 Phillips on Ev. 190.

Mr. Smith and Mr. Swann, contrà, cited 1 Phil. on Ev. 174; Wheat. Dig. 153, § 16.

The Court (nem. con.) said that the depositions could not be read in evidence, to prove the condition of the ancestor, (Airy.)

Verdict for the petitioner.