
    STATE v. JAMES CLARK et al.
    Court of Quarter Sessions. Kent.
    May, 1804.
    
      Rodney’s Notes.
    
    
      
      Ridgély, Vandyke [for State]. Rodney, Stewart [for defendant].
    Robert, offered as a witness, and objected to by Rodney as not being a free man. He was left by Jehu Davis by his will to his son John after the term of five years, which is not yet expired. The counsel agreed from the recommendation of the Court to go on with the trial, and save the question whether he was to be admitted as a free black, or to be considered as a slave, to be argued and decided by the Court.
    James Clark. James Milles and Enock Gabb seized, threw me, thumbed, tied me, etc.
    Richard Harrington. In the evening I met Bob, was crying, said they took him for a runaway, abused him, and Milles bit his finger.
    Harrison. When I went up Clark had Bob by the coat. Bob was endeavoring to get on or go on. Clark refused to let him go..
    Stephen Shay. First I saw Clark and Millis had Bob down, etc.. Mr. Davis came, asked why he tied him. Clark said he had a right to take any man up on suspicion.
    Isaac Davis, Esq. On Monday, April 23, was alarmed after I was in bed, etc. Saw a number with Bob coming. I asked Clark and Millis what they were going to do with Bob. Clark said he had a right to take any Negro up. I was going to untie Bob, but Milles seemed to object.
    
      Rodney for Clark.
    The grounds of our defense: Richard Cooper had lost some meat, and called upon Clark to look out for suspicious persons. And [Clark] enquired who he was, wanted to take him before a justice. Bob resisted and Clark called upon others to assist him.
    Richard Cooper, Esq. I had my smokehouse broke and lost some meat on the night of the 24th. On Tuesday, 25th, I came to town, spoke to Clark to look out.
    N. Maxwell. Clark inquired if he was not runaway, if he had a pass, etc.
    
      H. Ridgély.
    
    The arrest was unlawful being without authority, or any warrant.
    
      Stewart.
    
    4 Bl.Comm. 1 Del.Laws 212.
    
      Rodney.
    
    We rely chiefly on the legal ground that Clark under the Act had a right to take up Bob as a suspicious person.
    
      Attorney General. Constables, etc. by the common law may arrest for felony, etc., without warrant. I contend the offense is not justified by evidence or law.
   Per Curiam.

First, that when a person arrests another without a pass it is at their own peril; second, if no felony committed before the arrest no justification that the person is an officer, etc.

Verdict, guilty.  