2004-09
This lot is closed for bidding. Bidding ended on 8/31/2004
Lawsuit Contesting Sale of Incurably Ill Slave. Manuscript Document, being the Defense's suggested jury instructions re sale of slave who subsequently died; 3pp., the 1st and 3rd measuring 6 1/2" by 7", the 2nd sheet 6 1/2" by 12", no place, no date. On blue lined stationery, clearly penned in light brown ink. Fastened with a brass bracket. The 2nd and 3rd pages bear slight slits at top, remnants of filing; otherwise Extremely Fine. The Defendant, having been charged with a breach of warranty in selling an unsound slave who subsequently died, presents his side to the jury...Medical care in antebellum Texas was woefully inadequate for whites and blacks alike - but slaves had a harder daily life and were therefore more likely to be injured or develop diseases that doctors could not treat. "1st: That unless the jury believes from the evidence that defendant knew that the negro girl Sarah was unsound in mind and health at the time of the sale and delivery the plaintiff cannot recover. 2nd: That if the jury believes....that the defendant knew that the girls hand and arm were defective, and that the plaintiff knew of it at the time he purchased the negro he cannot recover on that account. 3rd: That unless the jury believes...that the negro girl died of a disease which she had at the time of the sale and warranty, it furnishes no consideration in the warranty. 4th: It must be shown from the evidence that the negro girl is dead...5th: Fraud must be proved...11th: Admitting the girl was afflicted with an incurable disease at the time of the sale and delivery to Stokes by Hubby unless it be proved that Hubby knew she was so afflicted, Stokes cannot recover..." Etceteras: R.I.P.
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