Morgan v. Rhodes
Supreme Court of Alabama
In the Circuit Court of Wilcox county, Rhodes brought an action of trespass against Morgan, charging him with having killed his, the plaintiff’s slave, of the value of $1000 whereby the slave was wholly lost to him.
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In the Circuit Court of Wilcox county, Rhodes brought an action of trespass against Morgan, charging him with having killed his, the plaintiff’s slave, of the value of $1000 whereby the slave was wholly lost to him. The defendant among other pleas, plead “that the plaintiff did not produce any witnesses before the grand jury, or use any exertions to have a bill of indictment found against the defendant, but on the contrary, used all exertions to prevent a bill of indictment from being found against him for the alleged felony, and this he is ready to verify, &c. On motion of the plaintiff,…
1Opinion of the Court
THE CHIEF JUSTICE
delivered the opinion of the Court.
It is well settled that public justice must be answered before the owner of property,ton which a crime may have been committed, can obtain redress for an injury to it. Killing a slave is prima facie a capital felony, and if the master becomes prosecutor it is important to the ends of justice that he should conduct the prosecution in good faith. If an acquittal should be brought about by his collusion, he cannot afterwards sustain an action for the trespass. The plea of the defendant here, went directly to the jist of the action. Although the…
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