Irene Emerson vs. Dred Scott (of color)

Irene Emerson vs. Dred Scott (of color) Irene Emerson vs. Harriet (of color) Washington University Libraries Missouri State Archives Office of the St. Louis Circuit Clerk Creation of digital images: Missouri State Archives Creation of machine-readable version: Washington University Libraries Conversion to TEI P5 markup: Digital Library Services This electronic document is published as part of the St Louis Circuit Court historical records project.

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March Term 1848 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Notice of Depositions 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

May 7, 1847 Irene Emerson vs. Dred Scott (of color) Irene Emerson vs. Harriet (of color) March Term 1848 Emerson, Irene Scott, Dred Scott, Harriet Writ of Error Supreme Court of Missouri Scott, J. Ruland, John Boon, H.S. Conway, Samuel Stevens, George N. Bishop, D.H. Drake, Charles D. Bay, Samuel Mansfield Hall, David N. Field, Alexander P. Goode, G.W. Anderson, Catherine A. Clark, Miles H. Carter, John Carter, Stuart Samuel Russell Miles H. Clark Thomas O'Flaherty Thomas Gray Henry T. Blow Major A.D. Stuart Garland, B.S. Watson, John H. Colvin, John N. Dismissed at Costs of Plaintiff English legal document Scott, Dred, 1809-1858 Scott, Dred, 1809-1858 Trials, litigation, etc.

The Dred Scott Court Case Collection is part of a larger digital partnership between the Washington University Libraries and the Missouri State Archives, a division of Missouri's Secretary of State's office, in cooperation with the Office of the St. Louis Circuit Clerk.

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

SKS converted Dred Scott case to P5 and teiCorpus EIC added legal encoding Notice of Depositions ca. 14 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Notice to take depositions on behalf of Dred Scott at dwelling place of William Anderson, filed May 10, 1847; signed by Drake The original document is part of the Missouri State Archives St Louis Circuit Court collection. Notice of Depositions 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

May 7, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Notice of Depositions Charles D. Drake Goode, G.W. St. Louis Circuit Court PRINTED AND SOLD AT THE NEW ERA OFFICE 28 ½ MAIN STREET. -------------------------------------------------------------------------------------------------------------------------- Dred Scott ) versus vs . ) Irene Emerson ) IN THE ------------------- ) . Louis Circuit Court Take Notice, That on the tenth---------------- day of May, 1847, between the hours of 8 o’clock in the forenoon, and 6 o’clock in the afternoon of that day, at the dwelling house of , Number No . 90 Myrtle Street , in the ,------------------------ ---------------, --------------------, depositions will be taken to be read on the trial of the above entitled cases on behalf of the plaintiff; and that the taking of said depositions, if not completed on that day, will be continued from day, to day at the same place, and between the same hours, until completed. To the above named defendant ) C. D. Drake , ) Attorney Atty for Plaintiffs Pltffs . I acknowledge service of a copy of the within notice in the , this 10th day of May, 1847. Notice of Depositions ca. 14 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Notice to take depositions on behalf of Harriet Scott at dwelling place of William Anderson, filed May 10, 1847; signed by Drake The original document is part of the Missouri State Archives St Louis Circuit Court collection. Notice of Depositions 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

May 7, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Notice of Depositions Charles D. Drake Goode, G.W. St. Louis Circuit Court PRINTED AND SOLD AT THE NEW ERA OFFICE 28 ½ MAIN STREET. -------------------------------------------------------------------------------------------------------------------------- Harriet (of color) ) versus vs . ) Irene Emerson ) IN THE ------------------- ) . Louis Circuit Court Take Notice, That on the tenth---------------- day of May, 1847, between the hours of 8 o’clock in the forenoon, and 6 o’clock in the afternoon of that day, at the dwelling house of , Number No . 90 Myrtle Street , in the ,------------------------ ---------------, --------------------, depositions will be taken to be read on the trial of the above entitled cases on behalf of the plaintiff; and that the taking of said depositions, if not completed on that day, will be continued from day, to day at the same place, and between the same hours, until completed. To the above named defendant ) C. D. Drake , ) Attorney Atty for Plaintiffs Pltffs . I acknowledge service of a copy of the within notice in the , this 10th day of May, 1847. Notice of Depositions ca. 15 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Notice to take depositions on behalf of Dred and Harriet Scott at office of Charles Drake (attorney for Scotts), filed May 10, 1847; signed by Drake The original document is part of the Missouri State Archives St Louis Circuit Court collection. Notice of Depositions 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

May 10, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Notice of Depositions Charles D. Drake Goode, G.W. St. Louis Circuit Court PRINTED AND SOLD AT THE NEW ERA OFFICE 28 ½ MAIN STREET. -------------------------------------------------------------------------------------------------------------------------- Dred Scott ) versus vs . ) Irene Emerson ) IN THE ------------------- ) . Louis Circuit Court Harriet (of Color) ) versus vs . ) Irene Emerson ) Take Notice, That on the fourteenth ~~thirteenth~~_____day of May-------- 1847, between the hours of 8 o’clock in the forenoon, and 6 o’clock in the afternoon of that day, at the office of Charles D. Drake,--------------------------- in the ,------------------------ ---------------, --------------------, depositions will be taken to be read on the trial of the above entitled cases on behalf of the plaintiffs; and that the taking of said depositions, if not completed on that day, will be continued from day, to day at the same place, and between the same hours, until completed. To the above named defendant ) C. D. Drake , ) Attorney Atty for Plaintiffs Pltffs . Dred Scott versus vs . Irene Emerson ------------------ Harriet (of Color) versus vs . Irene Emerson ------------------- I acknowledge service of a copy of the within notice in the , this 10th day of May, 1847. Deposition ca. 20 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Deposition of Miles H. Clark by Charles Drake, filed May 13, 1847; Clark had been stationed at Fort Snelling with Dr. Emerson Documents #14 and #15 as designated by the Missouri State Archives form one complete legal document and have been combined to be encoded as one XML document The original document is part of the Missouri State Archives St Louis Circuit Court collection. Deposition 4 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

May 10, 1847 May 11, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Deposition of Catherine A. Anderson Anderson, Catherine A. Ruland, John John H. Watson Saint Louis Circuit Court

DEPOSITIONS of witnesses, produced, sworn, and examined, at the dwelling house of , Number No . 90 Myrtle Street in the City and County of ; , before me, , Law Commissioner for the said County, in a certain cause now pending in the Saint Louis Circuit Court in the , between Dred Scott , plaintiff, and Irene Emerson , defendant, on the part of the Plaintiff C---- of the , of lawful age, being duly sworn and examined on the part of the Plaintiff deposeth and saith:---

I know Dred Scott , Plaintiff in the above case. During the years1837 and 1838, I knew him as a Slave. at , at the mouth of . on the west side of the . within the Territorial limits of the . Said Scott at this time was held as a slave by a Doctor Emerson , a Surgeon in the United States Army, who was then posted at . I knew the Plaintiff to be held for only one year by Said Emerson , as a Slave. During that time Said Emerson exercised control over, and used Plaintiff entirely as a Slave. Since that time I have only seen Plaintiff occasionally. I know Harriet , the wife of ~~Plaintiff Plaint~~ Said Dred Scott . X I first knew her at . She too was a Slave of Doctor Emerson at the Same time that I knew Dred . there. This woman, in the year 1837 was hired to me as a servant by Doctor Emerson , and was in my family some two or three months. I knew Said woman for the same length of time that I did ^ Dred. During that whole time She was held in Slavery by Doctor Emerson . When I went to to live, I found Doctor Emerson posted there. How long he had been there I do not know. Doctor Emerson . left , in the fall of 1837, but left these slaves there. hire out. They remained there until April 1838, when they left for the South, - for . I think. During the whole time that I knew them at they were held in Slavery by Doctor Emerson , or by persons to whom they were hired by him. They were universally known there to be Doctor Emersons Slaves. At the time that I was at my name was Thompson . I was then the wife of , X a Lieutenant in the army of the . The Plaintiffs in these cases are now in St. Louis ; and I have been informed and believe, are at W. Samuel Russell’s. I went to in the latter part of May, or first of June, 1837. and left in May, 1838.

e------------

I, Jno. H. Watson, "The Law Commissioner of Saint Louis County", in the , do hereby certify that , the deponent, whose place of residence is the , in the , was by me Sworn to testify the whole truth of her knowledge, touching the matter in [illegible] in the Cause aforesaid; that deponent was examin [ed] , and her examination reduced to writing by me, and Inscribed by Said deponent in my presence, on the tenth day of May A.D. 1847, between the hours of 8 o’clock in the forenoon and 6 o’clock in the afternoon, at the residence of , number No. 90 Myrtle Street , in the , in the .

In testimony whereof I have hereunto Inscribed my name and affixed my official seal, on this tenth day of May, A.D. 1847.

Jno. H. Watson. Opened & filed May My 11th 1847 Jno. Ruland clerk X Deposition Dred Scott . versus vs. Irene Emerson . ----------------------- Commissioner Leer[?] Fee $1.50. Paid by Dred Scott ~~Attorney Atty. for~~ Plaintiff. Deposition ca. 18 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Deposition of Miles H. Clark by Charles Drake, filed May 13, 1847; Clark had been stationed at Fort Snelling with Dr. Emerson Documents #16 and #17 as designated by the Missouri State Archives form one complete legal document and have been combined to be encoded as one XML document The original document is part of the Missouri State Archives St Louis Circuit Court collection. Deposition 3 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

May 13, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Deposition of Miles H. Clark Clark, Miles H. John M. Colvin

Depositions of witnesses, produced, sworn, and examined at the office of Charles D. Drake, in the , & , before me, the undersigned, , a justice of the peace within & for the aforesaid, in two certain causes now pending in the Circuit Court , within & for the said , , in one of which causes Dred Scott is plaintiff and Irene Emerson is defendant, and in the other of said causes Harriet (of color) is plaintiff & the said Irene Emerson is defendant, on the part of the plaintiffs.

c x of lawful age, being produced, sworn & examined on the part of the plaintiffs, deposes & says:— I know the negro man named Dred , who is the plaintiff in this suit. I first knew Dred some time in the year 1834 , at , ~~Illino~~ in the . He was then a servant belonging to Doctor Emerson , who was there an Assistant Surgeon in the Army of the United States , and was stationed at . He was held in service there by Doctor Emerson as a slave from the time I first knew him, until April or May 1836. At that time, was evacu ^ ated by the troops, to which was attached, and the troops with Doctor Emerson went from to , which is situated at the junction of the with the , on the west side of the Mississippi , within the Territorial limits of the and North of the . From the time the troops arrived at until the 7th day of July 1837. I knew Dred to be held by Doctor Emerson , as a slave, at . At the last mentioned date I left that place. During all the time I knew Dred at

and , he was claimed by Doctor Emerson as a slave and used by him as such. During the time I have mentioned, I was in the Army of the United States , and attached to the same troops, to which Doctor Emerson was attached.

I am now Second Lieutenant in ’s Company of Volunteers known as the " Missouri Guards," raised for service in , and expect, probably some time next week the Company will leave for its destination. Further he saith not.

X State of Missouri )

) [illegible abbreviation] I. , a Justice of the Peace within and for the County aforesaid, do hereby certify that , the above named deponent was by me sworn to testify the whole truth of his knowledge, touching the matter in controversy in the causes aforesaid; And that his deposition was reduced to writing and subscribed by him in my presence, on the thirteenth day of May, 1847, between the hours of eight o’clock in the forenoon And Six o’clock in the afternoon, at the Office of Charles D. Drake in the , in the and .

Given under my hand May 13th 1847. Justice of the Peace Fee $ 1.00 paid pd . by Dred Scott , plaintiff plff . Opened & filed on May 13th. 1847 Jno. Ruland Clerk. 2 Dred Scott versus vs . ) Irene Emerson -------------------- Harriet of Color versus vs . ) Irene Emerson -------------------- Depositions for plaintiff Subpoena ca. 17 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Writ of summons issued June 24, 1847, to Samuel Russell, Miles H. Clark, Catherine Anderson, Thomas O'Flaherty (steamboat captain), Thomas Gray (steamboat captain of Gipsey; Eliza Scott was bom on board), Henry T. Blow, and Major A.D. Stuart (Army paymaster, had served at Fort Snelling) The original document is part of the Missouri State Archives St Louis Circuit Court collection. Subpoena 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

June 24, 1847 June 30, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Subpoena for Samuel Russell, Miles H. Clark, Catherine Anderson, Thomas O'Flaherty, Thomas Gray, Henry T. Blow, and Major A.D. Stuart Ruland, John Stevens, George N. St. Louis Circuit Court SS . ,

To . U.S.A.

GREETING: You are hereby commanded, that setting aside all manner of excuse and delay, you appear be- fore our Circuit Court for the county aforesaid, on the 30th day of June, inst [?] at the City of St. Louis , then and there to testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein Dred Scott is plaintiff and Irene Emerson is defendant on the part of plaintiff and herein you are in no wise to fail.

Witness, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St. Louis , this 24th — day of June in the year of our Lord one thousand eight hundred and forty- seven

Jno. Ruland Clerk Circuit Court C.C. 30 Circuit Court ----------------------------------- Dred Scott versus vs. Emmerson ----------------------------------- Witneses for plaintiff X 30 || X 29 X 30 X 28 X 28 ||

Executed June 30th 1847 by reading Thos. O Flaherty Thos . Gray & (M H Clark & not found

Sheriff By Geo N. Stevens Deputy Depty Fee $2.70 Subpoena ca. 15 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Writ of summons issued June 26, 1847, to John F. Carter and Steward Carter (connection to Scott and case unknown) The original document is part of the Missouri State Archives St Louis Circuit Court collection. Subpoena 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

June 26, 1847 June 30, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Subpoena for John F. Carter and Stuart Carter Ruland, John Stevens, George N. St. Louis Circuit Court SS . , To (at Whittermores first door above the bank of Missouri Mo on same side) Stuart Carter at Pay masters office on 5th Street St — GREETING: You are hereby commanded, that setting aside all manner of excuse and delay, you appear be- fore our Circuit Court for the county aforesaid, on the forthwith-------------------------------------------- -------------------------------------------------------------------at the City of St. Louis , then and there to testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein Dred Scott is----------------------------------------------------------------------------------------- plaintiff and Irene Emerson ---------------------------------------------------------------------------------- defendant on the part of plaintiff plff ---------------------------------------------------------------------------------- and herein you are in no wise to fail.

Witness, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St. Louis , this 26 — day of June in the year of our Lord one thousand eight hundred and forty- 7

Jno. Ruland Clerk Circuit Court C.C. Scott versus vs. Emmerson forthwith — X X Executed June 30th 1847 by reading Sheriff By Geo N. Stevens Deputy Depty Fee $1.00 1020 50 25 30 ------------ $11.25 420 50 25 30 --------------- 5.25 Subpoena ca. 14 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Writ of summons issued June 30, 1847, to B(enoni) S. Garland (witness for defense, never called) The original document is part of the Missouri State Archives St Louis Circuit Court collection. Subpoena 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

June 30, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Subpoena of B.S. Garland Ruland, John Bishop, D.H. St. Louis Circuit Court SS . , To GREETING: You are hereby commanded, that setting aside all manner of excuse and delay, you appear be- fore our Circuit Court for the county aforesaid, on the forthwith-------------------------------------------- -------------------------------------------------------------------at the City of St. Louis , then and there to testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein Dred Scott is----------------------------------------------------------------------------------------- plaintiff and Irene Emmerson is---------------------------------------------------------------------------------- defendant on the part of the defendant. and herein you are in no wise to fail.

Witness, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the City of St. Louis , this 30th — day of June ^ in the year of our Lord one thousand eight hundred and forty- seven

Jno. Ruland Clerk Circuit Court C.C. Scott ) versus vs. ) [ Subpoena Spa ] ) Emmerson ===================== Executed by reading June 30th 1847 Sheriff Shff By Deputy Service 50 cts Motion for New Trial ca. 12 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Petition to sue for freedom, Dred Scott, filed April 6, 1846 (signed with "X); back page indicates approval of petition and permission to sue granted by Judge John Krum, Circuit Court of St. Louis County The original document is part of the Missouri State Archives St Louis Circuit Court collection. Motion for New Trial 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

June 30, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Motion for New Trial Bay, Samuel Mansfield Ruland, John St. Louis Circuit Court Dred Scott ) In . Court versus vs . ) April Term 1847 Irene Emmerson) ) Harriet Scott ) versus vs . ) Irene Emmerson )

Now at this day comes the plaintiffs in the above causes and moves the Court to set aside the verdict [rendered] in their cause for the following reasons

1 Because said verdict is against ~~[law]~~ the evidence 2 Because said verdict is against law & evidence 3 Because the verdict is against the weight of evidence, S M Bay attorney atty for plaintiffs X Scott versus vs . Emerson Motion Mo for new trial Filed June 30. 1847 John Jno . Ruland clerk Additional Reasons for New Trial ca. 12 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Motion for new trial by Dred and Harriet Scott's new attorney Samuel M. Bay, filed July 1, 1847, with additional reasons The original document is part of the Missouri State Archives St Louis Circuit Court collection. Additional Reasons for New Trial 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

July 1, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Supplemental Motion for New Trial Samuel Mansfield Bay Ruland, John St. Louis Circuit Court Dred Scott ) versus vs . ) In . Louis Circuit Court Irene Emerson ) April Term 1847 Harriet (of color) ) vs. ) Irene Emerson )

Now at this day comes the said plaintiffs & ~~[illegible] additional reasons for~~ moves the Court to set aside the verdict rendered herein & grant a new trials in the above entitled Causes for the for the follow reason, in addition to the reasons mentioned in the motion here before filed to wit; Because the said plaintiffs were suprised by the ^ testimony ~~evidence~~ of the witness Russell who testified in ther Cause.

S M Bay attorney atty for plaintiffs plffs X additional Reasons for new trial Filed July 1st. 1847 Jno. Ruland clerk Affidavit of Dred Scott in Support of Motion for a New Trial ca. 19 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Deposition of Miles H. Clark by Charles Drake, filed May 13, 1847; Clark had been stationed at Fort Snelling with Dr. Emerson Documents #25 and #26 as designated by the Missouri State Archives form one complete legal document and have been combined to be encoded as one XML document The original document is part of the Missouri State Archives St Louis Circuit Court collection. Affidavit of Dred Scott in Support of Motion for a New Trial 4 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

July 24, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Affidavit of Dred Scott in Support of Motion for a New Trial Scott, Dred Ruland, John Dred Scott ) versus vs . ) Irene Emerson )

Dred Scott , the plaintiff in this Cause in Support of his motion for a new trial [,] States upon oath. That he was Surprised in the testimony of the witness , by whom he expected to move that he, this affiant, was hired as a Salon by Said Russell from the defendant, previous to the Commencement of this Suit, & that Said Russell Paid to Said defendant money for the hire of this affiant as a X Slave, and that he did not know previous to, or as ~~[illegible]~~ the trial of Said Cause that he could ^prove X Said facts, or Could prove that he was claimed as a Slave or held in Slavery by Said defendant, by any other person than Said Russell , and therefore relied solely upon the testimony of Said Russell to prove Such facts as now necessary to maintain Said Suit of which Said defendant, is the person holding this affiant in Slavery. X This affiant in support of this affidavit makes an exhibit of a certain letter addressed to Said Russell by J.R. Lackland one of the Counsel of this affiant & the answer of Said Russell to the Said letter —from which it will appear, that previous to Said trial Said Russell informed Said Lackland that he Said Russell hired this affiant in March 1846.

from the defendant & that he Said Russell Paid the Said hire of this affiant to Said defendant.

This affiant further states that relying solely upon the testimony of Said Russell to prove these facts & knowing no other person by whom he could prove the same facts, or other facts tending to the Same [ends] , he went into trial. When to his Surprise Said Russell testifyed in effect that he did not hire this affiant from X Said defendant, nor did he pay Said hire to Said defendant, for that his Knowledge of such facts was solely derived from the information of his Wife. This affiant thus taken by surprise in the testimony of Said Russell [,] was unable to establish Said facts to the Satisfaction of the Jury, for which reason, he supposes, a verdict was rendered against him.

This affiant states that previous to said trial he had no knowledge that the Wife of Said Russell had any knowledge that this affiant was held in Slavery by Said defendant but that if a new trial is granted to him he expects to prove by the testimony of the Wife of Said Russell that Said defendant, previous to the Commencement of Said Suit hired this affiant to the Wife of Said Russell ,

acting as the agent of her Said husband, and that her acts in this ocassion were ratifyed & approved by her Said husband & that Said defendant Claimed this affiant as her Slave.

This affiant avers that previous to Said trial he had no knowledge that the Wife of Said Russell , or any other person ^ than Said Russell had any knowledge that this affiant was held in Slavery by Said defendant.

This affiant avers that the facts [illegible] in his petition to sue for his freedom are true. That he was & is a free man & was at the time of the Commencement of this Suit held in Slavery by Said defendant [.] That the verdict against this affiant is unjust & oppressive tending to the [...] tion of rights to which he is entitled by the laws of the land. And that upon a new X trial he will be able to establish his right to freedom & to prove that he was & is unjustly & unlawfully held in Slavery by Said defendant.

his Dred X Scott mark Subscribed & sworn this 24th July 1847. Jno. Ruland clerk X Dred Scott versus vs . Irene Emerson -------------------- Affidavit of Dred Scott an application for a new trial --------- Filed July 24th 1847 Jno. Ruland clerk Election for New Trial ca. 10 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Plaintiff (Dred Scott) Election for New Trial; filed by Scotts' new attorneys, Alexander P. Field and David N. Hall, November 15, 1847 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Election for New Trial 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

November 15, 1847

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Plaintiff's Election for New Trial Field, Alexander P. Hall, David N. Ruland, John St. Louis Circuit Court Dred Scott versus vs. Irene Emmerson.

The plaintiff Elects to take a new Trial

Field & Hall for plaintiff plff Filed Nov 15th 1847 Jno. Ruland clerk Writ of Error ca. 14 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Order dismissing plaintiff's (Emerson) writ of error against defendant Dred Scott, July 24, 1848 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Writ of Error 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

July 24, 1848

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Judgment of the Supreme Court of Missouri Boon, H.S. Ruland, John Supreme Court of Missouri Supreme Court of Missouri ~~ March Term 1848 ========================================================== Irene Emerson ) vs. ) Envoi[?] Error to Louis Circuit Court . Dred Scott (of Color) )

Now at this day come again they parties aforesaid by their respective attornies, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the ~~judgmen~~ said plaintiff take nothing by her writ of error sued out in the ab [ove entit] led cause— but that the said writ be dismissed, and [that] the said go thereof without day and recover of the said plaintiff his costs an [d char] ges herein expended and have thereof execution.

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State of Missouri

I, Clerk of the Supreme Court of the State of Missouri , do hereby certify that the foregoing is a full and complete transcript of the judgment of said Supreme Court , rendered at its March Term 1848, in the Case of Irene Emerson Plaintiff in error, and Dred Scott (of Color) defendant in error, —from t [he] Louis Circuit Court .

In testimony whereof I hereunto set out my hand and affix the seal of said Court, at office, in the City of Jefferson , the 24th of July anno domini AD 1848.

H.S. Boon

In the Louis Circuit Court November Term 1847 19 / nee[?] Nov. 46 Irene Emerson [vs.] Dred Scott , of Color ------------------------------ Dismissed at Costs of Plaintiff Pltff. Filed Dec. 11th 1848. Jno. Ruland Clerk 11 Missouri Reports 413 Emmerson vs. Harriet (of color) Emmerson vs. Dred Scott (of color) ca. 12 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Supreme Court of Missouri published case The original document is part of the Missouri State Archives St Louis Circuit Court collection. 11 Missouri Reports 413 Emmerson vs. Harriet (of color) Emmerson vs. Dred Scott (of color) 1 page. Hampton L. Boon, Public Printer City of Jefferson, Missouri. July 24, 1848

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Opinion of the Court Scott, J. Supreme Court of Missouri EMMERSON v. HARRIET (of color.) 1. A writ of error will not lie to a judgment granting a new trial; it is no final judgment. 2. Nor can the improper granting a new trial be assigned for error. ERROR to St. Louis Circuit Court . SCOTT, J., delivered the opinion of the Court.

This is an action to try the right of Harriet to her freedom. There was a verdict for the defendant. Afterwards, a motion for a new trial was made and sustained. An exception was taken by the defendant to the granting of the motion, which being overruled she has brought the cause here by writ of error.

From the foregoing statement of facts, it is clear, that there is no final judgment, upon which a writ of error can only lie. The cause is still pending in the court below. Moreover, the case of Helm v. Bassett, 9 Mo. R. 52, settles the point that the granting of a new trial cannot be assigned for error. a The other Judges concurring, the writ will be dismissed.

The other Judges concurring, the writ will be dismissed.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ EMMERSON v. DRED SCOTT (of color.) ERROR to St. Louis Circuit Court . SCOTT, J. delivered the opinion of the Court.

This case is in all respects similar to that of Emmerson v. Harriet , decided at this term, and a similar disposition is made of it.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Writ of Error ca. 14 kilobytes

This electronic document is published as part of the St Louis Circuit Court historical records project.

First Appeal to the Supreme Court of the State of Missouri, 1848 Page images have been included from original documents. The images exist as archival TIFF images, with JPEG versions for internet access in 600 pixels and 2000 pixels. Order dismissing plaintiff's (Emerson) writ of error against defendant Harriet Scott, July 24, 1848 The original document is part of the Missouri State Archives St Louis Circuit Court collection. Writ of Error 2 pages. Missouri State Archives-St. Louis St. Louis, Missouri.

Globe Building 710 North Tucker, Room 213 St. Louis MO 63101

July 24, 1848

The eighty-five documents presented in the Dred Scott collection were arranged and described by the Missouri State Archives.

Now at this day come again they parties aforesaid by their respective attornies, and the Court here being now sufficiently advised of and concerning the premises, do consider and adjudge that the said plaintiff take nothing by her writ of error sued out in the above entitled cause — but that the said writ be dismissed, and that the said go thereof without day and recover of the said plaintiff his costs and charges herein expended and have thereof execution.

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State of Missouri

I, Clerk of the Supreme Court of the State of Missouri , do certify that the foregoing is a full and complete transcript of the judgment of said Supreme Court , rendered at its March Term 1848, in the case of Irene Emerson Plaintiff in error, and Harriet (Colored woman) defendant in error, from the Louis Circuit Court .

In testimony whereof I hereunto set out my hand and affix the seal of said Court, at office, in the City of Jefferson , the 24th of July anno domini AD 1848.

H.S. Boon

20 Louis Circuit Court November Term 1847 no 1 Nov. T. 1846 Irene Emerson [vs.] Harriet, (Col woman) ------------------------------ Reversed + dismissed Filed Dec. 11th 1848. Jno. Ruland Clerk