Charles Taylor et al. v. Ariss Buckner & Bernard H. Buckner. Defendants' Bill of Exceptions


In the cases of Fanny Jackson and children, and of
Alexander Brent

Memorandum. On the Trial of this suit which was instituted by the plf to recover their freedom on the grounds of their having been illegally removed by the Defdt Ariss Buckner from the Commonwealth of Virginia into the County of Washington in the District of Columbia. The plf having laid before the Jury evidence tending to prove the removal alledged and the residence of the plf after such removal in the said County of Washington The Defdts gave in evidence to the Jury the will of Bernard Hooe Senr. father of Lucy Buckner the wife of the Defdt Ariss Buckner, in these words (here insert it) and proved that at the time of said removal the said Lucy Buckner was still living and had seven children then and yet living of whom three were Infants under the age of twenty one years, all which so under[?] age, except one were living with the Defdt Ariss Buckner their father, and all who were of age knew of the said importations of the petitioners and were in the County of Washington when said slaves Petitioners were [strikethrough] there and prayed the Court to instruct the Jury. That if they believe from the evidence the Petitioners to have been removed from the Commonwealth of Virginia to the said County of Washington by the said Ariss Buckner for sale or to reside as they charge, without the consent of each of the children as were under age, and of the guardians of such of them as were under the age of twenty one years   then that the said plf were not entitled to recover their freedom under the said removal

Which instruction the Court refused to give, To which refusal the Plf Deft by his counsel excepts & this his bill of exception is signed sealed and ordered to be enrolled this 10th day of June 1835.

W. Cranch (seal)
B: Thruston (seal)

Judge Morsel was absent at the argument of this question & gave no opinion.
W. Cr.


Negro Charles & al
Ariss Buckner

Bill of Exceptions

10 June 1835.