To that plea there clearly was a great demurrer on the usual means, that was argued in April, 1854, if the judge gave view your demurrer should be suffered.
In may, 1854, the fresh new offender, into the pursuance out of a contract anywhere between guidance, and with the log off of judge, pleaded inside the club of one’s action:
In the first ones pleas, the new plaintiff inserted situation; also to another and you can 3rd filed replications alleging that defendant, of his personal incorrect and you may with no trigger in the second and third pleas so-called, the amount of time the fresh new trespasses, &c.
Emerson, who had been a physician in the armed forces of your All of us. Because seasons, 1834, said Dr. Emerson took brand new plaintiff throughout the State from Missouri into the army blog post in the Stone Island throughout the State regarding Illinois, and you can held him here because the a servant before times of April otherwise Can get, 1836, During the time last-mentioned, told you Dr. Emerson got rid of the newest plaintiff away from said armed forces blog post within Rock Area on the military blog post at Fort Snelling, situate towards the west bank of the Mississippi lake, regarding the Territory called Top Lousiana, received by the United states away from France, and you will dependent north of one’s latitude out-of 30-half dozen stages 30 minutes north, and you may northern of one’s Condition out of Missouri. Said Dr. Emerson kept the new plaintiff inside bondage on told you Fort Snelling, of told you past-stated go out before year 1838.
In the year 1835, Harriet who’s called regarding second matter of the plaintiff’s report, try the newest negro servant out of Big Taliaferro, exactly who belonged into the armed forces of one’s United states. Where year, 1835, told you Big Taliaferro grabbed said Harriet so you can told you Fort Snelling, an army blog post, founded as the hereinbefore stated, and leftover their truth be told there due to the fact a slave before the 12 months 1836, immediately after which offered and you may produced their unique since the a slave at told you Fort Snelling unto the brand new said Dr. Emerson hereinbefore named. Told you Dr. Emerson stored told you Harriet into the thraldom during the told you Fort Snelling up until the entire year 1838.
In 1836, brand new plaintiff and you will told you Harriet, within told you Fort Snelling, towards agree away from said Dr. Emerson, whom following stated to get its learn and you can holder, intermarried, and you can got both to have husband and wife. Eliza and you can Lizzie, called regarding 3rd number of plaintiff’s report, may be the fresh fruit of the marriage. Eliza is all about fourteen yrs . old, and you will was given birth to aboard the fresh steamboat Gipsey, north of your northern collection of the condition of Missouri, and you may abreast of this new river Mississippi.
Before the commencement in the suit, said Dr. Emerson marketed linda AlemГЈo menina and indicated the latest plaintiff, told you Harriet, Eliza, and you can Lizzie, to the defendant, because slaves, in addition to defendant features from the time stated to hang all of them and each of them while the submissives.