Ellen Johnson v. Morris Adler. Petitioner's 2nd Bill of Exceptions


And the Defendant further offered to read in evidence the Deposition of Miss Kitty Magruder as follows here insert it) and Petitioners by their counsel except to so much[?] of said deposition as relates to any act of declaration of said Ellen made after the birth of the said Petitioners respectively which said deposition contains the declarations of all the evidence offered by said Defendant except the fact of that the said T. Turner was while residing in said Georgetown & till his death the owner of her real estate therein which was admitted by petitioners counsel. and as to so much as relative to said Pheeb Phoebe and Rachel named in said Deposition, and as to so much as relates to the statements made by said Turner out of the presence of said Ellen; but the Court overruled each and every of said said objections and permitted the said deposition to be read to the Jury: stating to the Jury that unless they find that the said statements made by said Turner were before or made at the time the said Ellen was in his service, they are not evidence against the said Petitioners respectively: and the Petitioners respectively by their counsel respectively except, and pray the court to sign and seal this their first second bill   Exceptions and to cause the same to be enrolled according to the statue which is done accordingly this 12 Decr 1849.

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

Petitioners 2 Excepn relating to Miss Magruders deposition


which said deposition contains all the evidence offered by Defendant as to said Phoebe and Rachel, and as to the acts and declarations of the said T Ellen in regard to the said Phoebe and Rachel respectively