Ellen Johnson v. Morris Adler. Defendant's Bill of Exceptions


And if from the whole evidence aforesaid the Jury shall find that the said Petitioner Ellen was the property of Thomas Turner residing with her said Master in the town of Georgetown and District of Columbia, and in the year 1831, with her two twin children, of which the Petitioner Rachel was one then lately born left her said Master, and went taking with her, her said two children, and went to reside with her husband a free negro in the immediate neighborhood of said Turner and kept house for him, her husband, took in washing on her own account, openly declared that she and her said two children had been set free by her master: & from the made contracts as a free woman, gave birth after she had so gone to live with her husband, to the other petitioners & paid the expenses of their birth and nurture as a free woman and from the time she so went to live with her husband to the month of August 1849 passed and acted as and claimed to be a free woman. with the knowledge of the and that all the facts aforesaid were known to said Thomas Turner in his life time, and that she & they never was never were reduced into the possession of the said Turner: that said Turner some time in the month year of 1838 or 1839 removed to   Frederick [strikethrough] in the state of Maryland & continued to reside there till the year 1849, and while he was so absent left other when he died; and the Petitioners went at large till the issuing filing of their said Petitions respectively in this cause. Then the Jury may, under the law from these facts the whole Evidence aforesaid find that the Petitioner Nelly was manumitted by the said Thomas Turner and at the time she so as aforesaid left his service and is free and if they so find and that the other petitioners John, Robert, and Louisa were born after that time, they may further find that the said John, Robert & Louisa are free.

Which instruction the court gave,

To which instruction the Dft excepts, and this he his bill of exceptions is signed, sealed and ordered to be enrolled this 12th of Decr. 1849.

W. Cranch (seal)
Jas. S. Morsell (seal)

Whereupon the Dft prayed the Court to instruct the Jury that if the Jury shall believe (&c here insert the Dfts prayer marked (C.)