Shelfer v. . Gooding
Supreme Court of North Carolina
This was an action of slaNdeb, tried before his Honor Judge Ellis, at the Spring Term, 1855, of Jones Superior Court. The defendant’s slave had been brought before two justices of the peace at the instance of the plaintiff, upon a warrant, charging him with destroying his (plaintiff’s) property.
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This was an action of slaNdeb, tried before his Honor Judge Ellis, at the Spring Term, 1855, of Jones Superior Court. The defendant’s slave had been brought before two justices of the peace at the instance of the plaintiff, upon a warrant, charging him with destroying his (plaintiff’s) property. Upon the trial of the slave, the plaintiff was examined as a witness against him, and the defendant being called on by the magistrates to know if he wished to be heard in behalf of his slave, said, addressing himself to the justices, “I wish you gentlemen to understand, that what Amos Shelfer (the…
1Opinion of the CourtBattle, J.
It is unnecessary for us to decide whether the charge against the defendant’s slave was too vague and indefinite to give the magistrates jurisdiction, because, supposing that they had it, no action can be sustained for words spoken upon such an occasion and under such circumstances as were those uttered by the defendant in this case.
"When tlie slave was arrested and taken before the magistrates for examination, it was not only the right, but the duty of his master to appear in his defense, State v. Leigh, 3 Dev. & Bat. 127; the interest of the master, the dependent condition of the slave, and…
2Cases cited1 opinion
- Hastings v. LuskCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by9 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Gattis v. Kilgo.Supreme Court of North Carolina · 1901
- McGehee v. Insurance Co. of North AmericaCourt of Appeals for the Fifth Circuit · 1902
- Wall v. BlalockSupreme Court of North Carolina · 1956
- Briscoe v. LaHueSupreme Court of the United States · 1983
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