| Summary: | Indictment for murder. Floyd went to a blacksmith's shop looking for food. The blacksmith, Richard Martin, (a free negro) gave Floyd a knife so he could help himself to some meat and cook it upon the hearth in the shop. During the course of the evening Floyd repeatedly refused to return the blacksmith's knife. Later they had a fight as they were all about to depart for the night. Minded that Floyd had not returned the knife, the blacksmith offered McCullough a drink, but refused to offer a dram to Floyd. Floyd got off his horse and in the fight between the two men the blacksmith was killed. Question as to whether there was any pre-meditation. Was this manslaughter or murder? Evidence given by David McCullough, Costner and Neagle. The jury found the prisoner guilty of murder, but this judgment was reversed by the Supreme Court because it felt there was no preconceived malice and it was a sudden fight. Pearson argued that the Judge Bailey had not been correct in his instructions to the jury and therefore the prisoner was entitled to a new trial.
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