The Court, however, determined to adopt those rules, whenever
they were not repugnant to nor expressly excepted by that statute, nor
inconsistent with the local situation and policy of the State; and laid
down for their own government the following regulations: First, that
no slave should be tried except in the presence of his owner or his
counsel, and that notice should be given in every case at least one day
before the trial; second, that the testimony of one witness, unsupported
by additional evidence or by circumstances, should lead to no conviction
of a _capital_ nature; third, that the witnesses should be confronted
with the accused and with each other in every case, except where
testimony was given under a solemn pledge that the names of the
witnesses should not be divulged,--as they declared, in some instances,
that they apprehended being murdered by the blacks, if it was known that
they had volunteered their evidence; fourth, that the prisoners might be
represented by counsel, whenever this was requested by the owners of
the slaves, or by the prisoners themselves, if free; fifth, that the
statements or defences of the accused should be heard in every case,
and they be permitted themselves to examine any witness they thought
proper.
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