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Q. Was you sworn did they make you take an oath?

A. No-I was not sworn.

Mr. Lisle then applied to the prisoner's counsel for a sight of her deposition, taken on the estate, which, after some opposition, was produced and read by Mr. Lisle.

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Penelope Hodge of the Island of Tortola, free black woman, maketh oath and saith, That on Monday the fourth day of March, instant, between the hours of five or six of the clock, or about dusk of the evening, eight persons came to her house-that one of those persons, who deponent believes was a lawyer by the name of Lisle, administered an oath to deponent, and desired her to depose to such points to which she might be interrogated.

That among several questions put to deponent were these following." Whether Mr. Hodge ever murdered any of his negroes to her knowledge?" That deponent answered "No. That she never knew nor heard of any such thing-that she had heard that Mr. Hodge had flogged some of his negroes, but she had seen the negroes so flogged at their work afterwards. That a Mr. Ross, one of the persons present,

asked deponent, how a certain negro, called Bennery, died?" and "whether he had not died from a whipping?" That deponent answered "No-That she knew he had been flogged for stealing a tongue, but she saw him after the flogging at his work-and that she never heard nor knew of any negroes having died from flogging or severity."-That she this deponent was then asked "whether a certain negro, named Jupiter had not been burnt to death? and whether a negro woman called Margaret, had not been made by Mr. Hodge to drink hot or melted lead?" that deponent answered "never to her knowledge." That deponent was asked "how a woman called Sarah, and one called Beck, and a man called Tower Hill died ?" That deponent answered, "that Tower Hill ran away and was never after heard of-and as to the others, that she supposed they died of sickness." That deponent was asked "by whom the negro belonging to Mr. Wallace was lately shot?" that deponent answered, "That she did not know." That she the deponent was further asked, "Whether one of Mrs. Hodge's arms was not broken ?" that deponent answered " no, that she the deponent constantly attended her,”—that deponent was also asked, "how said Mrs. Hodge died?" that deponent answered, that "she died of a fever." That deponent was asked "How a white maid servant of Mrs. Hodge's died,

and whe

ther such maid servant did not miscarry, and upon

whom she called in her dying moments ?" That de ponent answered, "that she called upon no one, that she took cold after her miscarriage, which deponent supposed to have been the occasion of her death." That deponent was asked "who made the coffin for the woman, or maid servant?" that deponent answered, "one Moreton, a carpenter." That deponent was then asked "who made the coffin for the child, or abortion?" that deponent answered, "that there was no coffin-that it was wrapped up in a piece of cloth, as is usual in such cases." That one of the persons present, then observed, "we can get nothing out of her we must take her to town." That after the conversation before mentioned, deponent was asked where a woman called Perreen Georges was?' That shortly after she saw the said Perreen Georges with the said persons, and heard some one say to the said Perreen Georges, that she must go with a Mr. Green to his house. That she the deponent was asked by one of the said persons for a light, which was given to them."

her

PENELOPE X HODGE. mark.

Sworn before me, this 5th 2 day of March, 1811.

THOMAS DOUGAN, J. P.

Mr. Lisle, in a very short address, pointed out to the Jury, the flagrant contradiction in Penelope Hodge's evidence in court, when compared with this deposition." Before the court she says she does not know me; and, in her deposition, she states, she was sworn by me, which latter circumstance she contradicts also, when brought here; she has manifestly perjured herself, as you perceive, and, nothing but her age and apparent imbecility, protect her from punishment; you cannot pay the slightest regard to her evidence."

The court were of the same opinion.

DANIEL ROSS,

Sworn.

Examined by Mr. Musgrave.

Q. Did you know Prosper ?

A. I did.

Q. What kind of a negro was he?

A. He was an able and fine negro. I have understood he is dead.

Q. Did you ever know him to be in a state of ment

al derangement.

A. I never did.

Q. When did you see him last?

A. I saw him the end of February or beginning of

M

March, 1808; I went in a boat where he was one. Q. Was Mr. M'Keough living with Mr. Hodge then?

A. No.

Q. Was Perreen there?

A. I can't be positive as to Perreen.

Q. Had Mr. Hodge any other white person in M'Keough's place?

A. He had two sailors, the one named Rose: the name of the other I did not know.

Q. Do you know any thing to the prejudice of M'Keough?

A. I do not he would take his soup; inclined tẹ liquor.

Q. Do you know any thing against Perreen?

A. Nothing.

Q. Have you seen M'Keough in Mr. Hodge's house?

A. I have often.

Q. Was he on intimate terms with Mr.. Hodge? A. No.

Q. Have you ever met him at his table?

A. I have once-on the day Mrs. Hodge died, he dined and drank tea there.

Q. Do you recollect any other time?

A. I do not.

Q. Did Mr. Hodge place confidence in him?
A. Very little.

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