O Say Can You See

If the Jury believe from the evidence that the Deft. as admr. of Mrs Alexander admitted that the Petr was entitled to his freedom at the age of 31, then they may infer from such admission is proper & competent evidence to shew that Mrs Alexander had no greater claim to the Petr than to serve to that age. Unless the contrary is proved to their satisfaction

given 24 Apl 1839.

If the Jury believe that Miss Brown the owner of Milly brought her from Geo Town to Alexa. Couty where she lived with her sister Mrs Alexander intending to sell her for a term of years & her issue to the same period [strikethrough]. And that Miss Brown & Mrs Alexander both considered that the Will of Parson Brown was valid & that [strikethrough] the said Milly and her issue were to be free at 31, and that they were so considered by both of them in the bargain or sale made by between them, then such Evidence is competent bargain or for the consideration of the jury in deciding whether the Sale is to be considered as understood by the said parties to give as giving Mrs Alexander a right to the issue as slaves for life or till the age of 31 & no longer.

Given 24 Apl 1839

If the Jury believe from the evidence that the Petr's Mother was brought into Alexa. Coty. from Washington after the year 1810 by Miss Brown her owner & was there [strikethrough] kept for more than a year, but and that the Petr was born within the year from the importation of the mother, & was kept in said County after his birth with his said mother for more than a year, then the importation of said mother & birth of said Petitioner said Petitioner though born of a mother then a slave, & consequently himself a slave, was to be removed by his master, & if not so removed but kept in the said County for more than a year, then the Petr. would be free by the said act of 1792.

Th

If the Jury believe that Milly & her issue were sold by Miss Brown to Mrs Alexander for a term of years, then the said will of Miss Brown does not give freedom to the petitioner.

refused 24 Apl 1839

but if the Jury believe from the evidence that the Deft., the admr of Mrs Alexander, admitted that the Petitioner was entitled to her freedom at 31, then it is competent for the Jury to infer that the terms & conditions of the sale made of Milly by Miss Brown to Mrs Alexander, were that the issue were to be free at 31 years of age

admitted

If the Jury believe from the evidence that Miss Brown sold & delivered the mother of petitioner to Mrs B Alexander in & about the year 1813, as a slave for life & not for a term of years, then the will of Miss Brown is inoperative to give manumit the petitioner.

But even should the Jury be of opinion that the no female ancestor should of the Petitioner was in Virginia in Oct. 1785, yet if the Jury farther find that the Petitioners mother was from imported in Alexandria County within in or about the year 1813 th & that the Petitioner was born within twelve moths after such Importation, then the Petitioner was born a slave is not entitled to recover under the first section of the act of 1792

refused

But if the Jury believe that said statements of said Alexander were made alone in reference to the will of Parson Brown, then it is not competent for the Jury to infer from said statements that Mrs Alexander had no greater estate than a term of years in the Petitioner

admitted.

That If the Jury believe that the mother of the Petitioner was sold by Miss Brown to Mrs Alexander for a term of years, without any agreement that the issue thereafter born should be entitled to freedom at any future time, & if they farther find that the Petitioner was born after said sale & before the expiration of the term of servitude then he is not entitled to recover

refused

That if the Jury believe from the evidence, that Elizabeth Brown did in or about the year 1813 sold & delivered sell & deliver the mother of the Petitioner to Mrs Alexander, absolutely for life, & without not for a term of years, then the said will of Miss Brown is not competent testimony in this cause & is not to be considered by the Jury.