
    Bernard v. Herbert.
    Detinue will lie for a slave, although the defendant obtained the possession tor-tiously.
    Detinue for a slave.
    
      Mr. Wise, for the defendant,
    prayed the Court to instruct the jury, that if the defendant obtained possession of the slave tor-tiously, the plaintiff cannot recover in this cause; and cited Selw. N. P.
    
      Mr. Neale, for the plaintiff,
    was stopped by the Court, who said that the plaintiff might waive the trespass, and refused to give the instruction.
     