630 Slide – American State Trials 1918 Volume X Leo Frank Document

598 %. AMERICAN STATE TRIALS.

There remains but one topic of the evidence to discuss
Cases have been related and assented to by Doetor Mitchill,
that where there has been a rapid succession of intercourse
between a white and a black man, twins have been born,
each resembling the respective incumbent to whom he owes
his origin. Upon this ground we are at length enabled to
make a proposition which will meet the justice of the case,
and of course the approbation of the Court. It appears here
that there has been 8 rapid succession of intercourse in the
very terms of the evidence; but of the twina only one is yet
eome to light, which is evidently that of the white man. The
black man’s twin is not yet born; but if the lady be as slow
in bringing forth as she was quick in conceiving, it will be
time enough two years hence to look for it. Let her satisfy
the Court that she has lived chaste since April, 1806, and will
continue 80 to do for two years more, and then if there comes
a black child bona fide the fruit of our connection, we pledge
ourselves to maintain it.

THE DECISION.

Tr Mayor. This is an appeal from the police magistrates.
It appears that they were divided in opinion respeeting the
charging the defendant as the father of an illegitimate child,
and that the Commissioners of the Almshouse and Bridewell,
acting as overseers of the poor, have applied to the Sessions
to review the case,

The defendant is a negro—the mother a mulattress—
and the child has the hair and most of the features of a
white, the color, indeed, somewhat darker, but lighter than
most of the generality of mulattoes.

The oath of the woman is positive as to the father; and
it is not pretended by the defendant that he has not been
connected with her; but he relies upon the appearance of
the child to destroy the evidence of the mother.

This case, involving a most important question in phy-
siology, the most respectable medical gentlemen in the city