Vincent Duncan vs. James Duncan
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VincentVincent a man of color
James DuncanJames Duncan

Be it remembered that on the
trial of this cause the plantiff read in evidence
to the Jurythe following depositions taken in
the cause (here insert the deposition of Adam
Smith Benjamin Davis Willis Hargrave Lee Har-
grave Robbert Frankhouser Reason Neisgwonger
Marmaduke D Enswinger and TimothyTimothy Guard and mitting the capture and certificate

The defendant admitted that before and
at the time of the Commencement of this
suit he held possession of the plaintiff claim
ing him as a slave-

On the part of the defendant the following depositions were read in evidence to the Jury
(here insert the depositions of DanielDaniel Wood, Willis Hargrave, Lee Hargrave, William GordonWilliam Gordon , Reed
WrightWright and Isaac MetcalfIsaac Metcalf omitting the cap
tions and certificates)

After the evidence was closed the plantiff
by his counsel moved the Court to instruct the
Jury that the constitution of the State ofIllinois IllinoisIllinois
so far as it affected the question of slavery took
effect from the time the state was admitted
into the Union by the resolution of CongressCongress
for that purpose and that of the plaintiff was
hired to labor by his then master in IllinoisIllinois and
did so labor there previous to the passage of
the said resolution of CongressCongress the plaintiff
is entitled to his freedom which instructions
the court refused to give

The Sourt in changing the jury instructed then

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that the hiring of the plaintiff at the tract reserved for the SalineSaline near Shawneetown within the State ofIllinois IllinoisIllinois
(after the adoption of the Constitution of that state )he was by his
then master as the name is stated in the deposition of "RobertRobert
Frankhouseror the plaintiff
ouught above to his say or to be paid
plaintiff was a monthly hiring and that his there
remaining there at labor as stated in said deposition for two upon and such
hiring would does not entitle him to his freedom

To which refusal of the Court to give said instruc
tion asked by the said plantiff and to the giving
said instruction contained in the charge to the Jury
the plaintiff by his Counsel excepts and prays
the Court to sign and seal this his bill of exception
and that it be made part of the record
which is done

WillWill . C. CarrCarr

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