Ellen Johnson v. Morris Adler. Defendant's Bill of Exceptions

 

On Motion of the Deft by Counsel asks the Court to instruct the Jury, that the burthen of proof in this cause lies on the petitioner to show that she is a free woman; & that if the Jury find from the evidence that the the Petitioner is the slave of the defendant, or the next of kin of Thomas Turner Senr have a legal right to claim her as a slave the Jury must find their verdict for the Defendant

Which instruction the Court being divided was refused to give. And the court instructed the Jury "That the burthen of proof in this Cause lies on the Petitioner to show that she is a free woman"

To which refusal the Deft by their his counsel excepted & prayed the court to sign this their his bill of exceptions which is done

Jas S. Morsell (seal)
Jas. Dunlop (seal)

 

Defendants 3d prayer & Exceptions

3d[?] trial