O Say Can You See

The Petitioners Ellen, John Thomas, Robert, and Louisa to maintain the issues on their part respectively joined gave evidence to shew that the Petitioner Ellen was the property of Thomas Turner of Georgetown, and while in his service had one child, and in the spring of month of April in the year 1831 gave birth to twins while at said Turners house & while still in his service. That she was then the wife of John Johnson a free colored man, and that Mr Turner refused to pay more than half, and did pay but half the expense, attending the birth of said twins, and John their father paid the other half, that shortly after the birth of said twins said Ellen with the knowledge of said Turner left his residence & went to live with her said husband take near to the residence of said Turner in a house rented by said Johnson & took with her the three children above mentioned, and   publicly openly & publicly & without any concealment [illegible] out and stated to the witness Mrs. Hudson that her master had set her free together with the said twins and had let her have the older child to assist in nursing them, & she was to support the said child for her service & that Mr Turner had given her notice, and she gave notice to a white person she was then about to employ[?] to sew[?] for herself and her children and to whom she made the foregoing statement that Mr Turner was not thereafter to be liable for any expenses of her maintenance or the maintenance of her said children except the oldest one; that she did then make a contract with and employ[?] a white woman to work for her, and paid her for said work; that thereafter to the time of bringing of th she gave birth to the other petitioners, and she and her said husband paid the expenses of their birth, nurture, and maintenance: that from & after the spring of 1831 to the bringing of this suit the said Ellen continued to reside in said Georgetown living, dealing, acting, and passing as free, & making contracts and dealing as a free person hiring out her children and receiving their wages and that she never nor the other petitioners, never was   nor was any one of them ever in the possession or reduced to the control or custody of said Turner or his representatives: that said Turner had other slaves in said Georgetown who were hired out, and when he left the said town of George Town about eight or nine years ago, he either left the said slaves in charge of & under the care and custody of agents, or looked after their wages himself, but said agents if there were such never took charge of or in any manner interfered with said Petitioners or any of them

and upon the cross examination of the witness Mrs. Hudson by the defendants counsel, the said witness stated, that the said declarations of Ellen so made to her, were not repeated by said witness to any other person. To which declarations of the said Ellen so made as aforesaid the Defendant objected as inadmissable evidence to go the jury. but the Court permitted the same to be given & thereupon the Defendant excepted & prayed the Court to sign & seal this his first bill of Exceptions, which is done accordingly this     day of December in the year 1849