Georgia, Supreme Court, Decatur : Gordon v Mosely, August 1854

Summary: Action brought by Gordon to recover the value of a slave boy called Daniel sold by the defendant with warranty of soundness. Daniel died of dropsy (oedema). Two slaves had been purchased by the plaintiff from Moseley (via his agents Allen & Adams): Daniel, aged 13 or 14 and valued at [dollars] 550, and Tom, aged 12 and valued at [dollars] 450. Moseley argued that Daniel's disease was a result of the cruel treatment by his new master. A physician giving evidence on behalf of Moseley stated that exposure to bad weather, over labor, late hours at night, with bad treatment and indifferent doctoring are well calculated to produce such a disease as Daniel's. Several witnesses gave evidence to the general character and reputation of Silas Gordon the plaintiff for his bad and cruel treatment of his slaves. In the manuscript version of the trial transcript, the words bad and cruel were added in pencil, then the following words were crossed out: that he was in the [..] unusual habit of treating his slaves with great cruelty, that he fed them badly, clothed them badly, worked them hard and exposed them to labor at night, out in all kinds of weather. Various witnesses also mentioned that Gordon had been previously indicted for cruelty to his slaves. Gordon, however, successfully objected to all this evidence, forcing Moseley to appeal. Moseley's counsel argued that Judge Warner in the Troup Superior Court had erred in excluding all the evidence of such cruelty. Justice Starnes in the Supreme Court rejected Moseley's appeal, explaining that testimony of a man's general character and reputation, in the treatment of his slaves, is nothing more than hearsay testimony, and is inadmissible. In Georgia, the courts were very reluctant to allow allegations of cruelty to determine the outcome of warranty cases. The evidence of John B Dupuy stated that I am a planter and stay at home pretty closely, and saw him nearly every day. These are the opportunities I had of knowing his health.