Guardian of Sally v. Beaty

1 S.C.L. 260

Opinion

Rutledge, Ch. J.

delivered the opinion of the court; and, in his charge to the jury, observed, that although the case was a new one, yet the court found no difficulty whatever in forming an opinion on it; for if the master got the labour of his wench, or what he agreed to receive for her monthly wages, (which was the same thing,) he could not be injured ; on the contrary, he was fully satisfied, and all that she earned over ought - to be at her own disposal; and if the wench chose to appropriate the savings of her extra labour to the purchase of this girl, in order afterwards to set her free, would a jury of the country say no? He trusted not. They were too humane and upright, he hoped, to do such manifest violence to so singular and extraordinary an act of benevolence.

The jury, without retiring from their box, returned a verdict for the plaintiff’s ward, and she was set at liberty.