Eleanora Bell v. Susan Armistead. Defendant's Jury Instructions Jennifer Guiliano Trevor Muñoz William G. Thomas III transcription and encoding Elizabeth Askren Kaci L. Nash Laura K. Weakly University of Nebraska-Lincoln University of Maryland National Endowment for the Humanities 2014 O Say Can You See University of Nebraska-Lincoln Center for Digital Research in the Humanities
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 Defendant's Jury Instructions Our transcription is based on a digital image of the original. National Archives and Records Administration Record Group 21, Entry 6 Box 755, Folder 376 Case Papers Jury Instructions Civil Petition for Freedom October 1851 Armistead, Robert Bell, Eleanora Armistead, Susan United States. Circuit Court (District of Columbia) Washington (D.C.) added xml:ids reviewed; edited Encoded and transcribed.

Defendant's 1st Prayer

If the jury believe from the evidence that the Deed exhibited on the trial purporting to be a Deed of Manumission made by Robert Armstead, executed & acknowledged at the asylum alms house, is not the Deed which the said Armstead executed and acknowledged at the said asylum alms house, then the Petitioner is not entitled to recover.

Defendant's 2d Prayer

If the jury believe from the evidence that the said Robert Armstead at the time of making the said Deed in question, was not of sound and disposing mind – was incapable of attending to his ordinary business, from mental weakness – or incapable of disposing of his property with understanding and reason – then the petitioner is not entitled to recover.

And if the jury are satisfied believe from the evidence that such mental weakness and incapacity existed at any time prior to the execution of the said Deed, then the law presumes such state of mind to have continued; & the burden of proving his mind was sound & capable of disposing of his property with understanding & reason, at the time of executing the said Deed is thrown upon the Petitioner.

Defendant's 3d Prayer

If the jury believe from the evidence that at the time of executing the Deed in question, the said Robert Armstead was of a very weak and credulous mind – that the Deed in question was executed whilst he was at the alms house, away from and out of the presence of his family, and that the same was obtained by undue influence or fraud - then it is not his Deed, and the Petitioner is not entitled to recover.