Priscilla Queen v. Francis Neale. Defendant's Bill of Exceptions

 

Priscilla Queen
vs
Francis Neale

On the trial of this cause the petitioner's Counsel for the purpose of proving that one Mary Queen from whom the petitioner is supposed to be descended was of free condition read in evidence to the Jury the deposition of sundry witnesses towit, Richard Disney, Thomas Warfield, George Davis, Caleb Clarke, Freders Ryland, Richard Harwood, Thomas Harwood and Humphry Belt (here insert them from the record) and the petitioner's counsel further offered evidence to prove that the petitioner is lineally descended from said Mary and the Defendant moved the Court that the declaration of Jiams & Lee as stated in the said depositions that Mary Queen was a free woman and that she was brought into this Country and sold for seven years was not admissible evidence, but the Court allowed the same to be read in evidence as admissible to prove the facts of said Mary Queen being a free woman and of her being brought into this country and of her being sold for seven years and the defendant's counsel offered and read in evidence to the Jury the following depositions towit. Joseph Lake, Richard Beard, Benjamin Welsh, Deborah Lusby and Benjamin Duvall (here insert them) where upon and after the arguments of Counsel upon the evidence were closed, the Defendant's Counsel prayed the Court to instruct the Jury as follows. If the Jury find, from the whole evidence that Mary Queen above mentioned, was a yellow or Tawny woman imported from beyond sea, and sold, and from the   time of such importation and sale till her death actually detained in slavery;- That the dedication of John Jiams, as stated in the Deposition of Thomas Warfield, and the declaration of Lewis Lee as stated in the deposition of George Davis that she was a free woman, are incompetent to prove that she was entitled to freedom and illegally detained in slavery. Which instruction the Court refused to grant but instructed the Jury a follow viz.

If the Jury believed from the evidence that the petitioner is lineally descended in the female line from Mary Queen, and that the said Mary Queen was brought into this Country as a free woman or a servant and sold for seven years, they must find for the petitioner. and the declarations of Capt. Jiams that the said Mary Queen was a free woman and that she was brought into the Country and sold for seven years (as stated in the deposition of Warfield) is admissible evidence to prove those facts. To which decisions[?] refusal and instructions of the Court the Defendant excepts and prays &c. And this his bill of exception is sealed and enrolled accordingly.

W. Cranch (seal)
B. Thruston(seal)

 

For Defendant

For Defendant

 

Priscilla Queen
vs
Francis Neale

Defts Exceptions