Judy alias Julia Logan, a woman of color vs. Berry Meachum, a man of color
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BerryBerry Meachum MeachumBerry Meachum affiant
vs
JudyJudy alias JuliaJulia Logan LoganJulia Logan

In the supreme court

This was a suit for freedom brought in the
circuit court of saint Louis county by JudyJudy alias JuliaJulia Logan
LoganJulia Logan against BerryBerry Meachum MeachumBerry Meachum a free man of
color who held her in slavery. Upon the trial in the
court aforesaid a man of color by the name of LewisLewis
was produced as a witness and testified on behalf of
the said JudyJudy . No objection was made to his competency
at the time. A verdict and judgement were rendered in favour
of the said JudyJudy and a new trial applied for by the said
MeachumMeachum is counsel on the ground that he had been taken
by surprise by the introduction of LewisLewis the colored witness
aforesaid. The court overruled the motion and refused to
grant a new trial, for which refusal, the case is
brought to this court by a writ of error.

Did the circuit err in refusing to grant a new
trial?

1st The suit is property brought according to the act of the gene-
ral assembly of the state of MissouriMissouri "to enable persons
held in slavery to sue for their freedomâ. See statutes
of MO: edi: of 1835 page 286 sec : 9.

2. LewisLewis the colored witness aforesaid was competent accor-
ding to the act of the General assembly of the state
of MO: in violation to witnesses. See same statutes
page 624 see: 19.

3. The power of the court to grant new trials being
they trials being discretionary
they will not exercise it for the purpose of excluding compe-
tent testimony.

4. The court will not grant a new trial to let the party
into a of which he was at the first trial. 118. also
15 John: Res: 293. WilliamWilliam vs Baldwin 18 1stJohn: Res: 489.
Meyer vs Mc Lean 509.

W.Risque