Loudon v. Charles Scott. Defendant's Bill of Exceptions

 

Negro London
agst
Charles W Scott

Upon the trial of this cause evidence was offered to the Jury on the part of the Plaintiff to prove that he was brought by the father of the Defendant from the state of Maryland into the town of Alexandria in the year 1802 about the latter part of the month of July in that year. That the father of the Defendant then claimed ownership over the said Negroe and hired him out in the town of Alexandria untill his death which happened about Christmas 1802. and the said Negroe has continued to reside in the town of Alexandria ever since except three weeks in April 1803 when he resided in Maryland and that the said Defendant received hire of the said Negroe for the months of April, May, and June 1803 and thereafter under his own contracts. Evidence was then offered on the part of the Defendant to prove that he had a title to the said Negroe slave as early as the year 1800 and that the Defendant removed himself to the town of Alexandria in the month of July June 1803. After his removal, to wit, on the 5th of July 1803 he the said Defendant took the oath following, to wit, (here insert the oath), before A. Faw Esqr. a Justice of the peace for the county of Alexandria.

The Defendant offered evidence to shew that the Plaintiff was in the month of September 1800 purchased by him of Thomas Contee, and   produced the said bill of sale which is in the words following. The Defendant also offered evidence to shew that the first time the Plaintiff was seen in Alexandria was in July of August 1802 in the possession of the Defendants father and that the bringing of the said Plaintiff and that the said possession of the Plaintiff by the Defendants father was not with the consent or knowledge of the Defedant. The Defendant also offered evidence to shew that the Plaintiff was in the month of March 1803 carried to the State of Maryland, and in the state on the 31st day of March 1803 the Defendant hired the Plaintiff to Wm. Stoops who was then working in the state of Maryland. That the said Stoops remained with said Negroe in the state of Maryland for three weeks and who was brought by Stoops to Alexandria where he remained with the said Stoops one week longer the balance of the time for which he had hired the said Negroe. That about the 30th of April 1803 the Defendant being himself living in the state of Maryland hired the said Negroe in Alexandria and under his own contracts has received the hire for the said Negroe ever since. That the said Negroe has remained in Alexandria ever since the time when William Stoops brought him from Maryland which was in April 1803 untill the beginning of the present action. The Defendant offered also to prove that he came from the state of Maryland to reside in Alexandria in the month of June 1803 and that he suffered the said Negroe to remain in Alexandria after he was   brought there by William Stoops intending himself to remove to Alexandria. The Defendant also produced in evidence the certificate of importation and affidavit made by him before a Justice of the peace for the county of Alexandria on the 4th of July 1803, which is in the words and figures following to wit.

Whereupon the counsel for the Plf prayed the court to instruct the Jury that if they should believe the evidence before stated to be true, that then the affidavit beforementioned did not protect the property of the said Defendant, or destroy the claim of the said Plaintiff to his freedom.

Whereupon the Court instructed the Jury that if they should be of opinion from the evidence that the Defendants father brought the Plaintiff from the State of Maryland into the County of Alexandria in the year 1802 and exercised acts of ownership over the Plaintiff and hired him out as his slave. and if the Plaintiff has been kept in the county of Alexandria one whole year, or so long at different times as amount to a whole year from the importation to the time of bringing the action. and that no other oath was made but than that which the Defendant has offered in evidence as aforesaid, then the Plaintiff is entitled to his freedom. Although the Jury should be satisfied that he was the property of the Defendant at the time he was so   brought into the town of Alexandria. To which opinion of the Court the defendant excepts, & prays that this his bill of exception may be signed & sealed which is done.

W Kilty seal
W. Cranch (seal)
N Fitzhugh (seal)

Negro Loudon (a pauper)
vs
Charles Scott

Exceptions