
    Morgan v. Rhodes.
    1. A plea that states matter going to the gist of the action, though not formally and specifically stated, cannot be stricken out. >
    
    2. Master canno maintain action for killing his slave, if the slayer by his collusion, has been discharged from prosecution for the felony.
    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, this plea was ordered to be stricken out. There were other pleas on which issues were taken, and verdict and judgement for the plaintiff. Morgan, among other matters, assigned here as error that his plea above mentioned was ordered to be stricken out.
    H, G. Perry and Gordon, for plaintiff.
    Parsons, for defendant in error.
   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 matter of it may not be very formally and specifically stated, it was not so frivolous as to authorize the Court to strike it out on motion. The judgement must be reversed and the cause remanded.

Judge Crenshaw not sitting. 
      
       12 East. 41$
     