Tallmadge v. Richmond
New York Supreme Court
THIS was an action of debt. The declaration contained two counts; one general, for the escape of one Edward Brockway, a prisoner in execution at the suit of the plaintiffs, from the custody of the defendant, sheriff of the county of Cayuga; and the other speeial, stating the execution, &c. and the giving bail for the liberties of the gaol, and the escape from thence.
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THIS was an action of debt. The declaration contained two counts; one general, for the escape of one Edward Brockway, a prisoner in execution at the suit of the plaintiffs, from the custody of the defendant, sheriff of the county of Cayuga; and the other speeial, stating the execution, &c. and the giving bail for the liberties of the gaol, and the escape from thence. The defendant pleaded nil debet, and subjoined a notice that he would prove a recaption on fresh pursuit, before action brought, also a voluntary return, before action brought, and also that after the alleged escape of Brockway,…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
This is a motion for a new trial, for the admission of improper testimony, and for misdirection of the judge.
That Brockway escaped after the defendant took charge of the county and of the prisoner, was proved by several witnesses. The only question that can arise upon the case, is, shall the defendant be chargeable for that escape ? Whether he had given the liberties of the gaol to Brockway, with or without taking security, was not a material fact; for in no respect, or in any view, is the defendant entitled to avail himself of a return or…
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