Hart v. Powell
Supreme Court of Georgia
Trespass, in Upson Superior Court. Tried before Judge Starke, May Term, 1855. This was an action of trespass brought by Absalom C. ‘Cleveland, in his life time, against Roswell Powell, for the recovery of the value of a negro man slave, Bill, the property ••of the said Cleveland. The questions in the case arose upon the admissibility of certain testimony.
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Trespass, in Upson Superior Court. Tried before Judge Starke, May Term, 1855. This was an action of trespass brought by Absalom C. ‘Cleveland, in his life time, against Roswell Powell, for the recovery of the value of a negro man slave, Bill, the property ••of the said Cleveland. The questions in the case arose upon the admissibility of certain testimony. It appeared in evidence that the -slave was run away; that application was made to the defendant, who owned track dogs, to go with his dogs, for the purpose of trailing and capturing the negro; that he did so; -and, after pursuing him for…
1Opinion of the Court
The Court not being unanimous, delivered their opinions seriatim.
Lumpkin, J.
The facts in this case are these: Bill, a negro fellow about twenty-five years old, and worth $1,000, had runaway from his owner, Absalom C. Cleveland, deceased, the intestate of the plaintiff, in 1852. His master resided in Marion County. It was in proof, by the testimony on the part of the plaintiff, that he ivas a negro of violent character, and considered a dangerous man in the neighborhood. He had knocked several negroes in the head; had been absent for sometime; and Mr. Cleveland admitted that he had had a…
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