The prosecution claims that Jennison is guilty of the assault and battery of Quack Walker, a free man.
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Testimony from Mr. Caldwell, the brother of Walker's former owner, that Quack came to his home and was working in the field when he heard screaming. That he went to the field to find Jennison and several men attacking Quack with rods. Quack was on the ground, held down by a young man. Caldwell removed the man from Quack and told Jennison that Quack was free, having been promised freedom at the age of 25 by his former master and promised freedom at 21 by the master's widow, now Jennison's wife.
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Presents a bill of sale showing that Caldwell purchased Quack in 1754 when he was nine months old.
Testimony of Charles Baker, divider Caldwell's estate, that Mrs. Caldwell received Quack as part of her dividend two to three years after Caldwell's death.
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Testimony from Quack that he was ten years old when his master, Mr. Caldwell died. That several years later the widow, Mrs. Caldwell, remarried Mr. Jennison, with whom he lived for seven and a half years after he was 21. That Caldwell had promised to free him at 24 or 25 and that Mrs. Caldwell had renewed this promise after her husband's death, lowering the age of release to 21. That Mr. Jennison was informed of these terms both before and after his marriage to Mrs. Caldwell.
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Testimony of Mr. Jones that Quack lived with Caldwell until Caldwell's death. That Quack was sent to Mrs. Caldwell as part of her personal estate. The she married Jennison around 1770 and died approximately three years later.
Testimony of Joshua Winslow that Jennison had requested his help to reclaim Quack.
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After recounting the terms of the state and noting that the case of the defendant is based on former Massachusetts laws allowing slavery, Chief Justice Cushing instructs the jury that slavery is incompatible with the Massachusetts Constitution of 1780.
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