1828. Henry Garlock brought an action for trespass against Henry J. Failing to recover the value of his negro slave, Jack, who, it was alleged, the defendant had wrongfully and maliciously killed. Garlock had a deed of the negro, the consideration being $350. Failing admitted killing the negro but that it was through a mistake. The circumstances as they were proved in Court were as follows: On the night of the homicide the negroes had a gathering near the river below Dutchtown, became intoxicated and broke up at a late hour. Jack and one of his companions started for home, on the road passing defendant's house. During the night a black man called at Failing's house saying that he had seen a bear a short distance from the house. Failing took his rifle and, accompanied by his dog, started in search of the bear, which he soon discovered sitting upon his haunches about ten rods distant. The dog refused to advance, and Failing could see by the dim starlight the eyes of the bear. Taking good aim between the eyes he fired. A terrible groan, a struggle and all was still. A light was procured, and on proceeding to the spot there lay Jack, stone dead. It appeared that the negro had taken a keg from a trough where it had been placed to soak, and seated himself upon it in the middle of the road, with his back towards Failing, who mistook the bright buttons upon his coat for the eyes of a bear. Eminent counsel were employed on both sides, and the result was a verdict for the plaintiff for $250.