William Kennedy v. Clarissa Purnell. Jury Instructions


If the jury believe from the evidence aforesaid that the acts of the petitioner in fleeing going from Myd to Va as aforesaid remaining in the latter state, or in coming thence to this City & remaining here were without the consent of defendant, that then it was not necessary for the deft within any limited period to use coercive measures for the recovery of the petitioner, & that the omissions of such coercive measures does not give the negro petitioner any title to his freedom




If the jury believe from the evidence aforesaid that the petr being the slave of the deft and residing with her in Maryland and by her consent employed by the sd. Pendleton as his servant was in the year 1834 carried by the sd I. P. Pendleton from said state to the state of Va without the consent or authority either [illegible] or subsequent of the deft[?]. Then it is lawful for the deft to [illegible] said petitioner & carry him back to Maryland at any time and the deft does not lose her title to the petitioner by any delay in exercising that right.




If the jury believe from the evidence that the petitioner having become involved in a breach of the peace in the State of Maryland in company with I. Purnell Pendleton a citizen of said state, and to avoid the consequences thereof the said Pendleton fled to Va. carrying the petitioner with him, & there remained with Petitioner and employing him as his servant during two[?] years and upwards but never abandoned his residence in Myd and always entertained the purpose of returning to Maryland when he could not do so with safety and did not return the petitioner to Myd, only because he was afraid of the consequences thereof to the petitioner unless accompanied by said Pendleton & said Pendleton at the end of said time returned to sent the petitioner to the City of Washington & afterwards returned himself to Myd.   That such acts of the said Pendleton, altho the jury should believe they were with the consent of the deft, the petitioner is not entitled do not entitle the Petr to his freedom.



There was not [illegible] presented to the Court and they did not give or refuse it.


If the jury believe from the evidence that sa I. P. Pendleton during his continuance in Virginia as aforesaid, only remained there as a sojourner and not with the view of making it his domicil that then he did not thereby acquire a residence in Va. or lose his previous residence in Maryland.