Ben v. Scott

U.S. District Court

Decided June 15, 1807

U.S. District Court · decided 1807-06-15

Petition for freedom [by the negro Ben against Sabret Scott.] The cause being called for trial, and no issue made up, Mr. Jones and Mr. Morsell, for the defendant, asked for time to put in a plea denying the facts in the petition, which were stated as the ground of the right to freedom. The petition contained also a general allegation that the defendant unjustly held the petitioner in slavery.

Decided 1807-06-15

THE COURT(FITZHUGH, Circuit Judge, absent)

¶1directed the jury as prayed, but said it was a question of some doubt, and they would hear the point reargued on a motion for a new trial, if the verdict should be against the defendant.

¶2THE COURT

(DUCKETT, Circuit Judge, absent)

¶3refused to admit the certificate in evidence.

¶4The defendant then offered a like certificate signed by Richard Jamieson, collector of the tax for the county of Washington, dated June 12th, 1807, which was also rejected by the court.

¶5Verdict for the petitioner.