That an emigrant passing into or thro
IllinoisIllinois, of residing
in that state - and having with him a slave
thus passing thro or temporary soujourning
with said slave not with
to his freedom.
If the jury believes thatSarahSarah was taken
to her mistress's house. WmProsserProsser . or
a visit, and not held there as a residing slave.
they must find for the defendant.
- That if they believe that SarahSarah , being
on a visit in IllinoisIllinois, was detained there
by something of the nature of necessity -
such as swollen streams of water - which could not be crossed without danger -
serious sickness of the family or of
her own child - that then things actu-
ally did exist in preventing the return of SarahSarah - and that she did
return to St LouisSt Louis as soon as they
were removed - then they ought to
find for the defendant.
5. That the act of MartinMartin in removing SarahSarah cannot impair the rights of her owner
unless such act were done with the
knowledge & consent of her owner
or the subsequent ratification of such owner.
4 Mo.Rep. 352.