State v. Luke, a Slave

State v. Luke, a Slave

Lower Court

  • St. Johns County


  • 1853


  • 440


  • 773


State of Florida v. Luke a Slave

Malicious Mischief

Error from St. John Co. Circuit Court

Statement of case & assignment of Errors.

It is agreed by once between the respective Council 18 ?. J.J. Sanderson Esqr. Solicitor for the State and McQueen McIntosh Esqr. Counsel for prisoner "that upon the trial of said cause in said Circuit Court the following fact appeared in evidence", That a negro driver of Joseph M. Hernandez in searching for certain stray mules the property of his same master, found one of same mules dead upon the road leading from his master's plantation to the plantation of Duport, and two others badly injured with gunshot wounds to inflict injuries they subsequently died_ the dead mule was shot That mischief traced the mules to the plantation of Abraham Duport pursuing master by the blood upon the ground and meeting with prisoner asked him if he know who had shot said Mules. Prisoner saying that he has shot them and was ordered so to do by his master__That the mules had come to his persons garden in an unclosed field and destroyed it that he have complained is his mater thereof and asked him what he do if they came again and that his master told him to shot them and he have done so, witnesses further stated that prisoner had told him that the mules were in the habit of troubling his maters plantation_ and it was ? in evidence that the master was not present when he shot the Mules and that prisoner was the