| N.Y. Sup. Ct. | Oct 15, 1812
After the deputy had arrested Usher, he voluntarily left him in custody of two of his brothers, in order to go and execute other process. This was leaving the prisoner at large, and was clearly an escape; for the two brothers of the prisoner had no authority, after the deputy had left them, to detain the prisoner. The case of Benton v. Sutton (1 Bos. & Pull. 24.) is directly to this point, and the argument appears to be conclusive.
Judgment for the plaintiff.