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Notes, from the Chief Judges book of proceedings in the Supreme Court of Judicature, enclosed in Smith to Stanley No. 5

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Id:
1999
Title/Headline:
Notes, from the Chief Judges book of proceedings in the Supreme Court of Judicature, enclosed in Smith to Stanley No. 5
Publication/reference number:
CO 101/78
Date:
Dec 1833
Case source details
Pages:
19-26
Content:

"On First indictment in the case of Pierre.

Notes, from the Chief Judges book of proceedings in the Supreme Court of Judicature

the witness Joseph – declared that, he went to Prisoners house for remedies for sick child of this witness.

Prisoner scraped some alligators teeth, put in a little sugar and rum and warm water and gave it to the child – he told witness the child had been poisoned.

Prisoner cupped Susans foot with a small part of a calabash, into which he held a piece of lighted and greased paper; first having cut the foot some slight cuts with a razor: he brought blood into the calabash, which he threw into a plate – and there was a scorpion in the blood: Prisoner said Louis Pierre had put the Scorpion in the Womans foot. Susan had lived with Louis Pierre, and had left him.

Witness produced a piece of paper with a brown powder in it, which Prisoner gave to the Witness to give to the Child in rum, water, and sugar – it was given – did nor good or harm – paid him a fowl and a quarter dollar – always carried something.

The witnesses – Pierre Marie, and Lydia, gave evidence to the same fact of cupping on the back of Lydia's neck from which he drew, or took out, a live frog – which was killed, as Lydia swore by holy water – Pierre Marie said one frog;- Lydia said two: Pierre Marie said killed with Rum. Pierre Marie said he went to Pierres house with Florentine to get a remedy for childs sickness – it was the scraping of the stag's horn, rum – honey and water and that many black people go to Pierre.

Lydia said she paid him with half a bottle of rum – a candle, and a yam: she heard he was a Doctor. -

NB After Court – the following charge to the Jury was committed to paper from memory.

The Prisoner is proved by all the evidence to have pretensions to cure diseases: By Joseph, Prisoner is proved guilty of pretending to know, that poison had been given to Witnesses child: that Prisoner had in his possession, and used, alligators teeth; giving some scrapings thereof – these being articles declared by the statute of the Island to be articles used in practice of Obeah – and the possession of which is prohibited under condemnation by that law. The most gross delusion has been practised by the Prisoner, by pretending to take a scorpion from the foot of Susanna, by cupping her foot; and frogs from the neck of Lydia; which he pretended to kill by holy water. - These are obeah Practices – and the pretence of secret knowledge, as to Obeah practiced by others is a wicked charge of crimes to others, which excites fear, and makes dangerous impressions on the minds of credulous persons like negroes. If the Witnesses are to be believed the Prisoner is guilty. Verdict guilty.

On the second indictment -

witness Charles – went to Prisoner with his Son called Boy, who was sick. - Prisoner looked into a book – said David had made Boy sick – scraped stags horn in rum and sugar and water – it did good -

Afterwards, carried Boy back to Prisoner – gave [?] wood to boil in water and more stags horn and rum to be given to the child. - Prisoner cupped Boy's head and stomach, and brought out a fish bone from each place – Prisoner said the child would die if he did not take the medicine -

on cross examination – Witness said – Prisoner is a Doctor – believes Prisoner could not have done what he has done without assistance of good spirits – that all he has done is by permission of God – that God gives him the sense to do what he has done.

Jennette – the mother of Boy – swore she went with him to Prisoner – the Child had no knowledge – much blood came from his ear – Prisoner gave him stags horn & rum and cupped him – she did not see the bones taken from the head and stomach – she was too much distressed and crying.

Pierre Marie – confirmed the evidence of the former witness – and added, Prisoner said, David had done harm to the Child: that Prisoner had been tried – before a magistrate for being an Obeah man

that Boys mother threw the bone into the Sea by direction of the Prisoner: he told witness David did Obeah on the child to make it die. The consequences of Obeah is “un grand chagrin” - His fellow servants have great fear of Obeah - means Obeah by David – not from Prisoner. Witness applied to Mr Stokes (he is proprietor's attorney) to send for a Catholic Priest to drive Obeah away. Witness has great fear and so have all the Slaves -

Prisoner looked into his little book, called a bad name – examined the book well before he called the name – it was David.

Prisoner is able by the book to tell Who hurt the Child – believes what witness says -

On cross examination by Snagg -

Witness is not afraid of Prisoner, nor are the Slaves – believes an Obeah man can do harm but not good –

Believes Prisoner acts as a Doctor

the witness Joseph confirmed the former evidence as to the “little book” - and that Prisoner said the child was poisoned – and the old Granny had poisoned it. Prisoner told Slaves of La Sagesse Estate they had poisoners on that Estate – and they required a Roman Catholic Priest to say prayers against [them?].

Prisoner tells everybody who poisons them, and that if he does not give them something they will die -

The witness [Lucrece?] - swore that Prisoner said Granny hurt the Child.

The Jury were charged to same effect as the former charge – with observations added as to the book – Verdict guilty -

NB the foregoing are extracts of the evidence from Judges notes – Mr Justice Stokes was examined – but his evidence being only as to what other negroes told him – it was not taken down.

The judgment on each indictment was preceded by explaining to the convict the ground on which he was sentenced which was a recapitulation of the particulars of the foregoing evidence

John Sanderson
Chief Justice - "

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