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Mima Queen & child
vs
John Hepburn
on the trial of this cause the Petitioners Counsel for the purpose of proving
that one Mary Queen from whom the
Petitioner is supposed claims to be descended in the female line
& of which fact she offered evidence was of free condition read in evidence
to the Jury the deposition of sundry witnesses to wit, Richard
Disney, Thomas Warfield, George
Davis, & Caleb Clark (here insert
them) and the petitioners Counsel further offered evidence to prove that the
petitioner is lineally descended from the said Mary, the
def Petitioners by their Counsel then offered to read in evidence to
the Jury the declarations of said Mary Queen, as stated and
proved in the deposition of Freders Riland for the
purpose as Historical evidence of the facts therein stated, and to
prove the family, but the Court refused to
allow the said part of the said deposition to be read in evidence to the
Jury. the defend. in this cause having offered in Evidence to the Jury
(the depositions of the following witnesses (here insert to prove that
the said Mary Queen when she was brought into this country
was not of free condition and hath ever since till her death been held in
slavery.
to which opinion and refusal the Petitioners by their counsel prayed leave to except and the Court to sign this their Bill of Exceptions which is accordingly done this 28th day of June 1810.
N Fitzhugh (Seal)
B Thurston
Petitioner's Excn. No. 6 No. 5