State vs. Francis, a Slave

State vs. Francis, a Slave

Lower Court

  • Putnam County

Date

  • 1855

Box

  • 440

Folder

  • 773

Transcript

elected for her trail on yesterday appeared in Court according to their adjournment where upon, Henry A Wickwire, Emanuel P. Andrew, George U. King, Charles J. Hopkins, W.W. Sharkman, James E. Grum, Jurors surrounded for the said trail by virtue of the venire facias awarded in this cases on yesterday, were elected and sworn, and having fully heard the evidence, the argument of counsel, and after receiving the charge of the Court in the following words, "The defendant is charged in the indictment as a slave with committing an assault and Battery upon one Amelia Hundley: "[?] Statute provides that in the trial of any slave in the Circuit Court that same rules and regulations shall be obscured as are obscured in the trail of free persons: An assault is an attempt "with force or violence to do a corporal injury to another and may consist of any act leading to such injury accompanied with circumstances denoting an intent coupled with a present ability to use violence against the person. A Battery is the actual inflicting of violence on the person: To specify a negro or mulatto was wantonly assailed and did nothing more than was necessary for self-defense "If therefore you find from the testimony that the said Francis a Slave, made an attempt and committed violence to the person of the defendant, with the intention of inflicting violence, without having him wantonly assailed there it is an assault and Battery. The State after enumerating punishments for certain of fines, not including assault