Order allowing Bill of Exceptions [Dred Scott]

Item

“Order Allowing Bill of Exceptions [Dred Scott]”. Post-Verdict Briefing After First Trial, 1848, St. Louis Circuit Court Historical Records Project, accessed October 3, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/108444

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Filing Name: Order allowing Bill of Exceptions [Dred Scott]
Description: Order allowing Bill of Exceptions [Dred Scott] for an appeal to the Missouri Supreme Court, signed by Alexander Hamilton, filed March 4, 1848
Date: 1848-03-04
Is Part Of: Post-Verdict Briefing after First Trial
Identifier: dre1848.0048.048
Case ID: ccr1847.0000.014
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: > Legal Function: bill of exceptions

In the St. Louis Circuit Court

Dred Scott

vs.

Irene Emmerson

Be it remembered that on the trial of this cause the plaintiff to maintain the issue on his part and to establish his right to freedom read in evidence to the Jury ^ without objection ^ the depositions of Miles H Clark and Catharine A Anderson and which depositions are in the words and figures following to wit (here insert them) and further to maintain the issue and to establish the right to freedom called as a witness S Russell who being duly Sworn upon his oath testified as follows that Dred Scott and his wife Harriet with their children were hired by him from Mrs Emmerson the wife of Dr Emerson, that he had paid the hire of these negroes to Col. Sandford the father of Mrs Emmerson.
On cross Examination he stated that he did not hire the said negroes himself but that they had been hired by his wife or that his wife had made an arrangement with Mrs Emmerson for them, that in fact all that he knew about it was from his wife other than he had paid the hire to Col. Sandford, that he in fact knew nothing of the hiring but what he had learned from his wife, that he paid the money to Col. Sandford, and supposed that it was for Mrs Emmerson, but that he did not know it X Henry J Blow a witness on part of plaintiff testified that plaintiff was formerly owned by the father of witness who sold him to Doct. Emmerson

^ Henry J Blow a witness on part of plaintiff testified that plaintiff was formerly owned by the father of witness who sold him to Doct. Emmerson ^

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**Item Page 2**

> Image file: ds30back.jpg
> Document: Bill of Exception of Defendant (against Dred Scott)

The defendant offered no evidence and there was no other evidence presented ^ X ^ to the Jury who thereupon found a ~~ver= =dict~~ ^ verdict ^ for the defendant, and afterwards on the 30th day of June in the year 1847 the plaintiff by his Attorney filed a ~~mo= =tion~~ ^ motion ^ accompanied with reasons to set aside the verdict of the Jury in the cause and that a new trial be granted him and which motion and reasons are in the words and figures following to wit (here set out the motion etc.) and that on the 1st day of July thereafter the plaintiff by his Attorney by leave of the Court filed an additional reason in support of his motion for a new trial and which additional reason is in the words and figures following to wit (here set out the additional reason) and that on the twenty fourth day of July following there was filed an affidavit in said cause purporting to be made by Dred Scott the plaintiff in the suit in ~~sup= =port~~ ^ support ^ of his motion for a new trial (here set out the affidavit) and that on the following and succeeding Term of the Court to wit at the November Term of the year 1847 on the [blank space] day of November in said last mentioned year the said motion came on to be heard and upon argument to be sustained & a new trial was granted to said plaintiff in said cause to which decision of the Court sustaining said motion and granting a new trial in the

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**Item Page 3**

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cause the defendant by her Counsel excepted and now excepts and to preserve the evidence of which the Counsel for the defendant asks that this his bill of Exceptions may be signed sealed & made a part of the record all which is done accordingly

A. Hamilton

Judge 8d

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**Item Page 4**

> Image file: ds31back.jpg
> Legal Function: file record

Dred Scott

vs.

Irene Emmerson

Bill of Exceptions

filed March 4th 1848

Jno. Ruland clerk

Item sets: Dred Scott Collection; Post-Verdict Briefing after First Trial