In the year 1834, the new plaintiff was good negro slave owned by Dr

In the year 1834, the new plaintiff was good negro slave owned by Dr

Lizzie means eight yrs . old, and you may was born in the condition of Missouri, at military post named Jefferson Barracks

To that plea there can be an effective demurrer on the common function, which was argued during the April, 1854, when the legal offered wisdom the demurrer are suffered.

In-may, 1854, brand new accused, for the pursuance regarding an agreement between counsel, and with the leave of judge, pleaded into the bar of one’s step:

  1. Not guilty.
  2. That plaintiff try a good negro slave, the latest legitimate possessions of defendant, and you can, as a result, the newest defendant carefully put his give up on your, and you can and so had simply restrained him, given that descendant got a straight to manage.
  3. That with regard on the partner and you will daughters of one’s plaintiff, on the 2nd and you will 3rd counts of your report said, the fresh offender got, about all of them, simply acted in the same manner, and in virtue of the same legal right.

In the 1st of these pleas, brand new plaintiff registered thing; in order to the second and you may 3rd filed replications alleging your defendant, off his personal incorrect and you will with no cause inside the 2nd and third pleas so-called, the time the fresh new trespasses, &c.

Emerson, who had been a physician on army of United states. For the reason that seasons, 1834, told you Dr. Emerson grabbed the plaintiff on the County out of Missouri on the armed forces article during the Material Isle regarding the County out of Illinois, and you will kept him truth be told there as the a slave through to the day away from April otherwise Will get, 1836, During the time last mentioned, told you Dr. Emerson got rid of the fresh new plaintiff regarding said armed forces post at the Rock Island toward military blog post on Fort Snelling, situate to your west bank of your own Mississippi river, regarding Region known as Top Lousiana, acquired by United states off France, and you will dependent north of one’s latitude away from 30-half a dozen degree thirty minutes north, and you can north of County out-of Missouri. Said Dr. Emerson kept the fresh new plaintiff for the slavery in the said Fort Snelling, from told you past-stated date through to the seasons 1838.

Around 1835, Harriet that is titled in the next amount of plaintiff’s statement, was the fresh negro servant of Significant Taliaferro, just who belonged towards army of your own Us. Where seasons, 1835, said Big Taliaferro took told you Harriet so you’re able to told you Fort Snelling, an armed forces post, dependent while the hereinbefore said, and you can kept their particular here as the a slave till the year 1836, right after which ended up selling and you may introduced their as a servant at told you Fort Snelling unto this new told you Dr. Emerson hereinbefore called. Told you Dr. Emerson stored told you Harriet during the thraldom within said Fort Snelling up until the entire year 1838.

Emerson eliminated the plaintiff and said Harriet in addition to their said child Eliza, from told you Fort Snelling into the County out-of Missouri, where he has got since that time stayed

In the year 1836, brand new plaintiff and you will told you Harriet, within told you Fort Snelling, to your concur regarding said Dr. Emerson, exactly who then reported become its master and you will holder, intermarried, and you will took both to own wife and husband. Eliza and you can Lizzie, titled regarding the 3rd number of plaintiff’s declaration, are the fresh fruit of the relationship. Eliza is focused on fourteen years of age, and you can came to be up to speed the latest steamboat Gipsey, northern of north collection of the state of Missouri, and you will through to the brand new river Mississippi.

Before the commencement regarding the fit, told you Dr. Emerson marketed and you can indicated the new plaintiff, told you Harriet, Eliza, and Lizzie, to the offender, because slaves, and offender features from the time stated to hold them and you can each of them due to the fact slaves.

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