Ben v. Sabret Scott. Defendant's Bill of Exceptions


Ben v. Scott

The Petr. having offered evidence that he was brought into Maryland by the Dft more than one year after the Dft's removal into Maryland, and not before, with intent that the Petr. should reside in Maryland. The Deft having produced evidence to the following facts and prayed the instruction of the Court to the Jury, that if the Jury find from the evidence that, at the time of the Deft's removal from Virginia into Maryland, he was a citizen of the U.S. and came into the State of Maryland with a bona fide intention of settling therein and either at the time of such removal, or at any time within one year thereafter, brought the Petitioner into the State of Maryland, the Petitioner being, at the time of such removal, the property of the Deft, and having been resident of the State of Virginia three whole years next preceding such removal, and never having been since sold or disposed of by the Deft: then that the Petitioner is not entitled to freedom by virtue of the Act of the Maryland Assembly passed the 31st Decr. A.D. 1796, intitled, "An Act relating to negroes &c.

Notwithstanding the Petitioner may appear not to have remained within the State of Maryland longer than a day & a night within the year after such being so brought into that state. Which instruction the Court refused to give, unless the Jury should also Dft should also prove to the satisfaction of the Jury that the Dft at the time afs. or within a year after, his own removal, removed the Petitioner into the state of Maryland with intent that   that the Petitioner should also reside within the state of Maryland.

To which refusal the Dft. excepts and this his bill of Exceptions is signed sealed and enrolled.

feb. 2d. 1811

W. Cranch (seal)
B. Thurston (seal)