Amy v. Smith

Opinion of the Court.

This was an action of trespass, assault and battery, and false imprisonment, brought by Amy, a woman of colour, against William Smith. The defendant pleaded that the plaintiff was his slave, and concluded with a verification. To this plea the plaintiff made no replication; and when, at a subsequent term, the cause was called for trial, she, by her counsel, objected to the sufficiency of the plea, and moved the court to require of the defendant the plea of not guilty; but the court overruled the motion. A jury was then sworn to try the issue; and on the trial, the…