28 MARCH 1969, Page 13

A hundred years ago

From the 'Spectator,' 27 March 1869—A curious breach-of-promise case was tried lately in Ohio at the Warren County Court, in which the defence of the man against whom the action was brought was that the lady had an infusion of negro blood in her veins, which rendered it illegal for him by the State laws of Ohio to fulfil his engagement. The plaintiff's counsel argued that the Amend- ment to the Constitution making slavery illegal, or at any rate the Civil Rights' Act, made the local law void. This objection was overruled, and the case was tried and decided on the question whether or not the plaintiff had enough negro blood in her to bring her within the Ohio laws. She was white, to all appearance, had had a white father, and a mother whiter than a mulatto. Doctors were called to show that they had when attending upon her when sick in bed seen traces of colour, and other doctors to show how they had not. In the end. the jury found for the plaintiff, damages 10,000 dollars (£2.000),—which were, probably enough, so large, just because the defendant had set up this particular defence.