Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-08-23
DECISIONS OF THz suPREmE coURr.
Opinions of tile supreme COurt of Tennes-
see, delivered at jackson, al the April
Term, 1859.

Il
see, delivered at jackson, al the April
Term, 1859.
JAMES Eomlirson and others, %. william Darnan
rhis seianof spass the plain. in er
TO damages fer a slave The
fence red upon. tia. the complained o. were dse
m @ sss q the dug q Pa,rol y Tesnsn VIA. The
and attempted escape, Whsa he pursua Knocked
ps & u @ a ssy 5 q p5 sSs sa -PS S, gss sa
against The pleas and as.sei the dAass at sI50a The err
rors assigned techsrge of the Ceu-t on pain
MS hoaos Instructed "a ry that they might ana he DE-
ndan gaiy Tor szsess.ve punishment ..oags they may
Asznuaen II the replication q iAPa, Or unr general
8 The Court ssfussiseshaue N roof thai rOulnson ..
s acting a pa,sS , vas 81 sasss. la Iees 2 sassls him to
bat nsussAnee bold the contrary to be The lS evaded the
On both points, We are of opiaion his Honor erred
fOun patrol the general rspoaoS only puts that
castseDent excessive that it was not justified
b. the authority Of the oes. That put IN issue y
ss reIeslOn inths nature q AnsE assnnsnL Green,
Uniss THIS done there Is no no,ce Of the fact 70 be tried
dsendants ocial charsof aai II tal be established the YER
de must be for him, there other issue. II
exercise authority s The defsnaan rs rauSt make an
issse npo5 .e PsR. y ss 2 that eject This
In section d Grssaleaf cited above seyeal pertinent
n Is ststes - general ,s =, ~ as, I Pes s.,
All naters which confess @ avoid. whether alleged bY
proof these ArenOt ad ~ We are Bos aware thal thi
Bus On he sscoh ioint coart hsa that sItAoaga the
Questin Of puniS raised ~ the replication
yet the plaintiff could ths oeial paeity the DE-
which hold a the replication Of admits tie Justification
Is sgs and Preus The pisnt from Offering any evidence
- oiprOFe- Stark, Rep S. Camp al9 cited Ia "a
Green. Ey.
The positions the charge therefore, contradictory
the ether be Bat they xFang
stated y the Court We understand the set
when TIE oeAl character Of party question,
proof that he has ben in The undisrhe Office
raises pFesutaptoa duly appointed un The
an established exception the rule evideree
fact other admissible. trssn Es 90 o.
Phillips Ev., 235 and Phiips 55taotes The exception IL
funded general convenience and s universally recognised
Proof them that party hs acti uoOri0usy public
is fiad dee evidence Of lis 9h a character without produe
ing his eommisslDn aPpentment. His Honor deprived
the defendant beneht Of this rule BY refusing charge Il
requested but stating tat Il defendant believed pa
troll that should only Yndicvs damages This
not meeting the point At all bat virtually evsdi Yet
the elect q rejection of he Instructions that point
great Importance to society that these police regulA
with nstitaon of slavery should firmly
The wellhe and safety of both master and slave
demand The ldon and support Of the right watch and
patrol plan Indispensable good order. and
the authority conferred Important scts must not he
abused toae upon whom Il Is eonrred sometimes by
eckiess persons.
In this case give opinion upon o0nduc Of deendans
II hsy eXcsled hounds moderation in the injury nct
tauscended the limits prescribed by the Law for the Of
PATROL IL It be found hey entitled that iusaea
tian then they viii liable verdict eject on
the proper issue to be raised On amendment Of the peaang
Judgment reversel. CARCTuRs.
Test NJ d.