Opinion
October, 1814.
Thereupon Clayton, Attorney General, moved the Court for a certificate of probable cause, Del. Const., Art. 8, s. 8, which was granted without hesitation.
In this case a child about nine years old, who knew not the nature and obligation of an oath, was not admitted to testify. For, 1 Hale P.C. 634, (examined by court without oath); contra, Brazier's Case, Bull.N.P. 293, Esp.N.P. 727, 4 Bl.Comm. 214. But a clergyman (the Rev. Caleb Boyer, by consent) was ordered to instruct the child in the nature and obligation of an oath, preparatory to her examination as a witness. His report, however, was unfavorable, and the witness was rejected.
The prisoner was acquitted.
The costs here are between eighty and ninety dollars. What has been the practise under 4 Del. Laws 217, c. 65, s. 7?
Ridgely, for defendant, thought proof ought to be made of the inability of the prisoner to pay the costs before he is adjudged to be sold.
JOHNS, C. J. As to that, he defended in forma pauperis, and counsel was assigned him; we therefore presume him unable etc. Besides, if he be able and pay before sale, he will be entitled to a discharge.
He wished to know whether he is to be sold indefinitely, "until the costs be paid," or definitely, as "for three years"?
An order was after drawn up that "he be sold as a servant for three years," the sale not to take place until the expiration of twenty days from the date of the order.