Dred Scott )versusvs. ) Irene Emerson )
Be it remembered that on the ^ 30th[illegible] day of JulyJune in the year 1847 the plaintiff of his Attorney filed a motion accompanied with reasons to set aside the verdict of the Jury in the cause and that a new trial be granted him, and which motion and reasons are in the words and figures following to wit (here set out the motion) and that on the 1st day of July thereafter the plaintiff by his Attorney by leave of the Court filed an additional reason in support of his motion for a new trial and which additional reason is in the words and figures following to wit (here set out the additional reason) and that on the twenty fourth day of July following there was filed an affidavit in said cause purporting to be made by Dred Scott the plaintiff in the suit in support of his motion for a new trial ^ (here set out the affidavit) and that on the following and succeeding Term of the Court to wit at the November Term of the year 1847 on the [blank space on page] day of November in said last mentioned year the said motion came on to be heard and upon argument of Counsel was by the Court adjudged to be sustained and a new trial was granted to said plaintiff in said cause to which decision
of the Court sustaining said motions and granting a new trial in the cause the defendant by her Counsel excepted and now excepts, and to preserve the evidence of which the Counsel for the defendant asks that this his bill of Exceptions may be signed sealed and made a part of the record all which is done accordingly this [blank space] day of [blank space] November 1847
A. HamiltonBill of Exceptions
filed DecemberDecr 4th 1847 Jno. Ruland
Be it remembered that on the 30th day of June in the year 1847 the plaintiff by her attorney filed a motion accompanied with reasons to set aside the verdict of the Jury in the cause and that a new trial be granted her, and which motion and reasons are in the words and figures following to wit (here set out the motion) and that on the 1st day of July thereafter the plaintiff by her Attorney by leave of the Court filed an additional reason in support of her motion for a new trial, and which additional reason is in the words and figures following to wit (here set out the additional reason) and that on the twenty fourth day of July following there was filed an affidavit in said cause purporting by to be made by Harriet Dred Scott the plaintiff in another suit pending ^ in said Court in the same facts ^ against the same defendant and which affidavit and the facts therein stated were by consent of Counsel, considered as applicable to the case of Harriet versusvs. Emerson & to be considered by the Court as filed by Harriet and sworn to by her in support of her motion for a new trial (here set out the affidavit) and that on the following and succeeding Term of the Court to wit at the November Term of the year 1847 on the day of November in said last mentioned year the said motion came on to be heard & upon argument of Counsel was by the Court adjudged to be sustained and a new trial was granted to said plaintiff in said cause to which decision
of the Court sustaining said motion and granting a new trial in the cause the defendant by her Counsel excepted, and now except, and to preserve the evidence of which the Counsel for the defendant asks that this his bill of Exceptions may be signed sealed and made a part of the Record all which is done accordingly this [blank space] day of December 1847
A. HamiltonBill of Exceptions
Be it remembered that on the trial of this cause the plaintiff to maintain the issue on his part and to establish his right to freedom read in evidence to the Jury ^ without objection the depositions of and and which depositions are in the words and figures following to wit (here insert them) and further to maintain the issue and to establish the right to freedom called as a witness S Russell who being duly Sworn upon his oath testified as follows that Dred Scott and his wife Harriet with their children were hired by him from Mrs Emmerson the wife of DoctorDr Emerson , that he had paid the hire of these negroes to Colonel Col . Sandford the father of Mrs Emmerson. On cross Examination he stated that he did not hire the said negroes himself but that they had been hired by his wife or that his wife had made an arrangement with Mrs Emmerson for them, that in fact all that he knew about it was from his wife other than he had paid the hire to Colonel Col . Sandford , that he in fact knew nothing of the hiring but what he had learned from his wife, that he paid the money to Colonel Col . Sandford , and supposed that it was for Mrs Emmerson, but that he did not know it X a witness on part of plaintiff testified that plaintiff was formerly owned by the father of witness who sold him to DoctorDoct. Emmerson
a witness on part of plaintiff testified that plaintiff was formerly owned by the father of witness who sold him to DoctorDoct. Emmerson
The defendant offered no evidence and there was no other evidence presented X to the Jury who thereupon found a ver= =dictverdict for the defendant, and afterwards on the 30th day of June in the year 1847 the plaintiff by his Attorney filed a mo= =tionmotion accompanied with reasons to set aside the verdict of the Jury in the cause and that a new trial be granted him and which motion and reasons are in the words and figures following to wit (here set out the motion etc.) and that on the 1st day of July thereafter the plaintiff by his Attorney by leave of the Court filed an additional reason in support of his motion for a new trial and which additional reason is in the words and figures following to wit (here set out the additional reason) and that on the twenty fourth day of July following there was filed an affidavit in said cause purporting to be made by Dred Scott the plaintiff in the suit in sup= =portsupport of his motion for a new trial (here set out the affidavit) and that on the following and succeeding Term of the Court to wit at the November Term of the year 1847 on the [blank space] day of November in said last mentioned year the said motion came on to be heard and upon argument to be sustained & a new trial was granted to said plaintiff in said cause to which decision of the Court sustaining said motion and granting a new trial in the
cause the defendant by her Counsel excepted and now excepts and to preserve the evidence of which the Counsel for the defendant asks that this his bill of Exceptions may be signed sealed & made a part of the record all which is done accordingly
A. Hamilton Judge Eighth District8dBill of Exceptions
filed March 4th 1848 Jno. Ruland clerk
Be it remembered that on the trial of this cause the plaintiff to maintain the issue on her part and to establish her right to freedom read in evidence to the Jury without obj= =tionobjection the depositions of and Catharine A Anderson, and which depositions are in the words X and figures following to wit (here insert them) and further to maintain the issue and to establish the right to freedom called as a witness S. Russell who being duly sworn upon his oath testified as follows that and his wife Harriet (the plaintiff in this suit) with their children were hired by him from Mrs Emmerson the wife of Dr Emerson , that he had paid the hire of these negroes to Colonel Col . Sandford the father of Mrs Emmerson.
On Cross Examination he stated that he did not hire the said negroes himself but that they had been hired by his wife or that his wife had made an arrangement with Mrs Emmerson for them, that in fact all that he knew about it was from his wife other than he had paid the hire to Colonel Col . Sandford , that he in fact knew nothing of the hiring, but what he had learned from his wife, that he paid the money to Colonel Col . Sandford , and supposed that it was for Mrs Emmerson, but that he did not know. X a witness on part of plaintiff testified that plaintiff was formerly owned by the father of witness who sold him to DoctorDoct. Emmerson
The defendant offered no evidence, and there was no other evidence offered to the Jury who thereupon found a verdict for the defendant. And afterwards on the 30th day of June in the year 1847 the plaintiff by her Attorney filed a motion accompanied with reasons to set aside the verdict of the Jury in the cause, and that a new trial be granted her and which motion and reasons are in the words and figures following to wit (here set X ^ out the motion etc.) and that on the 1st day of July thereafter the plaintiff by her Attorney by leave of the Court filed an additional reason in support of his motion for a new trial, and which additional reason is in the words and figures following to wit (here set out the additional reason) and that on the twenty fourth day of July following there was filed an affidavit in said cause purporting X to be made by the plaintiff in a suit against the same defendant, pending in said court, and which was also considered as on file in the present cause in support of the motion for a new trial (here set out the affidavit) and that on the following and succeeding term of the Court to wit at the November Term of the year 1847 on the [blank space] day of November in said last mentioned year the said motion came on to be heard and upon argument of Counsel was by the Court adjudged to be sustained & a new trial was granted to said plaintiff X in the cause to which decision of the Court sustaining said motion and granting a new trial in the cause the defendant by her Counsel
excepted and now excepts and to preserve the evidence of which the Counsel for the defendant asks that this his bill of Exceptions may be signed sealed & made a part of the Record all which is done accordingly
A. Hamilton Judge Eight District8dBill of Exceptions
filed March 4th 1848 Jno. Ruland clerk
Dred Scott )versusvs. ) Irene Emmerson )
The defendant by her Attorney moves the Court that on order be made in this cause directing the Sheriff of the County to take the said plaintiff and hire him out during the pendency of this suit, and also that he be directed to take from the person so hiring a bond in sufficiently penalty ^ & with sufficient security to pay the hire of said slave, & to abide the determination of this suit and to produce him according as the judgment of the Court may require.
G.W. Goode AttorneyAtty for defendantDred Scott versusvs. Irene EmmersonMotion
filed March 14th 1848 Jno. Ruland clerk
The defendant by her Attorney moves the Court that an order be made in this cause directing the Sheriff of the County [and his deputydpty] to take the said plaintiff and hire herhimout during the pendency of this suit and also that he be directed to take from the person so hiring a bond in sufficient penalty & with sufficient security to pay the hire of said slaves & to abide the determination of this suit & to produce herthem according as the judgment of the Court may require.
Geo W. GoodeAttorneyAtty for defendantHarriet of colorversusvs. Irene Emmerson
Motion
filed March 14th 1848 Jno. Ruland clerk