O Say Can You See

on the trial of this cause after all the evidence on both sided sides had been disclosed to the Jury and after the arguments of on each side was clos'd and when the sw Jury sworn in said cause and about to deliver retire to their room to consider of their verdict, the court at the motion of the Defendant suffered and permitted the Jury to take with them from the bar of the Court aforesaid to their said room (the following written papers here insert them) The Petitioner by her Counsel at the same time objecting thereto; the said paper consisted of certain opinions & instructions drawn up & proposed to the court, × [ink] the Petitioners by their Counsel prayed leave to except to the Jury's taking with them to their room the said papers and the Court leave to Sign and Seal this his Bill of Exceptions which is accordingly done this 28th day of June 1810.

N. Fitzhugh (Seal)
B. Thruston (Seal)

× and the two first having been admitted by the Petitioners' counsel, and the third objected to by them, the court delivered the said 3d proposition [ink] from the said paper to the Jury as the opinion & instructions of the court to which opinion & Exceptions the Petitioners Counsel had excepted & the Court had signed & sealed the Bills of Exception; and upon closing the examination[?] of evidence on both sides, and before the arguments of counsel had commenced, the said opinions & instructions, in the manner & form aforesaid, had been read from the said paper to the Jury, and in the arguments before the Jury [illegible] the same had been commented[?] on by the counsel on both sides;