¶1 There were two of the defendants, and so fur as appears, the prosecutor was alone. The force was therefore overpowering, supposing there was nothing to render it so but numbers;, but it is stated that the prosecutor was a colored man, and as it is not stated that the defendants are colored, we assume that they are white, and we know that the feeling, of snbj ection of the colored to the white race was calculated to add to the force of numbers. And the fact that the prosecutor did not offer resistance, although he strenuously insisted upon his right to the cow, and followed the defendants,, forbidding them to take the cow, shows that he was put in fear.
¶2 It is not stated why his Honor held the defendants not guilty; and it may be that he was influenced by the fact that *209 tbe defendants got the actual possession of the cow while the prosecutor had stepped off to get a witness to prove his title. But that makes no difference, because the prosecutor returned' and in their presence forbid them to drive off the cow. So that they did take the cow out of the possession of the prosecutor, in his presence with a strong hand.
¶3 There is error. This will be certified to the end that the Court below may pronounce the judgment of the law as upon a verdict of gu;lty. State v. Fisher and Simpson, 1 Dev. Rep. 504.
¶4 Pee Cueiam. Judgment accordingly.