Ely v. Thompson

Judge Muxs

delivered tbe opinion.

This is an action of trespass, assault, battery and imprisonment, brought by a free person of color, against ajustice of the peace and constable, in their individual characters. Tlie justice pleaded bis office, and the faet, that the plaintiff had lifted bis hand in opposition to a white man, who had proved the fact before him, and that he had issued his warrant to apprehend the piamtiff, who was. accordingly brought before him, and that he gave sentence that for the offence the plaintiff should receive thirty lashes on his bare back, according to an act of…