Third That the State failed to allege in the indictment with sufficient certainty, that Francis is a slave or free person of color it does not allege that she the property of any person.
Fourth That the prisoner is not subject to indictment under the act of 1832, but is only liable if at all under the act of 1828.
Fifth That the prisoner is not subject to indictment under the act of 1828 inasmuch as the indictment no where alleges that the alleged assault was committed upon a white person: And thereupon the said Court after learning the argument of counsel overruled and disallowed said motion to which ruling the said counsel of the said prisoner objects and excepts etc. And now prays that this his Bill of exceptions may be signed and sealed and made a part of the Record in this cause, and the same is accordingly done.
/Signed/ William A. Forward
Judge of the Circuit Court of the Eastern Circuit of Florida
State of Florida
County of Putnam
Thereby certify that the above is a true copy of record in my office. Witness my hand the Seal of Office at the Court House in Palatka.
This 31[st] day of May A.D. 1854
Clerk C.C. Putnam County