State v. Francis, a Slave

State v. Francis, a Slave

Lower Court

  • Putnam County


  • 1855


  • 440


  • 773


"and Battery provides, that if any negro or mulatto bond or free, shall commit any other crimes misdemeanors against the laws of this state, it shall be lawful for the Jury convicting him or her of the same to punish by such number of stripes as they may award not exceeding one hundred. 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 been wantonly assailed there it is an assault & Battery "If you find the defendant guilty of assault and Battery, there it will be your duty to inflict a punishment by such number of stripes as you may award not exceeding one hundred "retired under the charge of a sworn bailiff of this court to deliberate upon their verdict and after considering the same returned in the Court in charge of said bailiff, and upon their oath do say that the said Francis a Slave is guilty of assault and Battery as in the indictment against her alleged: and they do award the punishment of said Francis a Slave to be whipping of fifty stripes; and thereupon she is remanded into custody of the Sheriff. It is ordered that the defendant be whipped on the bear back (50) fifty lashes on the first Monday in July, next with a cow skin or other instrument of like flexibility; and sentence pronounced:

/Signed/ William A. Forward Judge