State v. Francis, a Slave

State v. Francis, a Slave

Lower Court

  • Putnam County


  • 1855


  • 440


  • 773


By Court, that a special venire be issued and the same was accordingly done, and it appearing to the Court that the said special venire could not be returned upon the evening of the day, whereon, the same was issued, the Court proceeded to discharge until the following morning the said Jurors chosen and sworn as aforesaid after charging them in the manner prescribed by law, and thereupon the said Defendant by her said Attorney objects to the dis-charge of the said Jurors as aforesaid, and insists that the said Jurors should not be permitted to disperse after being sworn and before a verdict rendered. And thereupon afterwards to wit on the 19[th] day of April in the year of our Lord one thousand Eight hundred and fifty four a jury was empanelled and sworn of which jury were the Jurors aforesaid, and after having heard the evidence and the arguments of counsel the court proceeded to charge the said jury in manner and form as appears in and by the written charge of the said court of record in the cause, and to which said charge prisoners said counsel objects and excepts and insists that the same is contrary to law. And thereupon the said jury afterwards retired to consider of their verdict and having returned into court pronounced a verdict in the words following to wit "We the Jury find the prisoner guilty of the assault and Battery, and assign her punishment at fifty lashes." And thereupon afterwards to wit on the 21[st] day of April in the year aforesaid the prisoner by her said Court to arrest the Judgment of the said Court in this behalf to set aside the verdict and for new trial and for cause thereof then and there to the Court showed. That the verdict was contrary to evidence.

Second That the same was contrary to Law.