First Circuit Court Case, 1846 | New Trial Granted by Judge Alexander Hamilton, 1847 | First Appeal to the Supreme Court of the State of Missouri, 1848
Second Circuit Court Case, 1849-1850 | Second Appeal to the Supreme Court of the State of Missouri, 1850-1852
Bond documents re: hiring out of Dred and Harriet Scott, 1852 | New second suit filed against Sanford, Emerson, Russell, 1847

Second Circuit Court Case, 1849-1850

38. Writ of summons to Samuel Russell, Miles H. Clark, John Carter, Catherine Anderson, Henry T. Blow, Thomas O'Flaherty, Thomas Gray, Major A.D. Stuart; issued February 17, 1849
39. Writ of summons to Mrs. Samuel Russell, Samuel Russell, Miles H. Clark, John F. Carter, Catherine Anderson, Thomas O'Flaherty, Thomas Gray, Major A.D. Stuart, issued February 17, 1849
40. Writ of summons to Colonel Plympton; issued February 25, 1849
41. Writ of summons to Mrs. Samuel Russell, Samuel Russell, Miles H. Clark, Stewart Carter, Catherine Anderson, Henry T. Blow, Thomas O'Flaherty, Thomas Gray, Colonel Plympton; issued April 28, 1849
42. Writ of summons to Dr. Watts, John Loring (Loving?); issued May 1, 1849
43. Writ of summons to Mrs. Samuel Russell, Samuel Russell, Miles H. Clark, John Carter, Catherine Anderson, Henry T. Blow, Thomas O'Flaherty, Thomas Gray, Colonel Plympton; issued May 28, 1849
44. Writ of summons to Miles H. Clark, John Carter, Catherine Anderson, Thomas O'Flaherty, Henry T. Blow, Thomas Gray, Samuel Russell, Mrs. Samuel Russell, Major A.D. Stuart; issued December 8, 1849
45. Writ of summons to Miles H. Clark, John Carter, Stewart Carter, Catherine Anderson, Thomas O'Flaherty, Henry T. Blow, Thomas Gray, Samuel Russell, Mrs. Samuel Russell, Major A.D. Stuart; issued December 8, 1849
46. Writ of summons to John F. Darby; issued December 18, 1849
47. Writ of attachment for Catherine Anderson, Thomas O'Flaherty, Henry T. Blow, A.D. Stuart; issued December 20, 1849
48. Writ of attachment for John Carter, Stewart Carter; issued December 20, 1849
49. Deposition of Adeline Russell on behalf of plaintiff, signed by Adeline Russell; filed December 20, 1849
50. Writ of summons to Dr. R.M. Jennings; issued December 21, 1849
51. Writ of summons to Joseph Charless and Taylor Blow; issued December 22, 1849
52. Writ of attachment for Thomas Gray, Thomas O'Flaherty, Henry T. Blow; filed January 12, 1850
53. List of juror names filed January 12, 1850
54. Jury instructions re: testimony of Mrs. Samuel Russell
55. Jury instructions re: testimony of Mrs. Samuel Russell
56. Jury instructions re: testimony of Mrs. Samuel Russell
57. Jury instructions re: testimony of Mrs. Samuel Russell
58. Jury instructions re: testimony of Mrs. Samuel Russell
59. Jury instructions re: testimony of Mrs. Samuel Russell

The jury at the second circuit court trial awarded Dred and Harriet Scott, as well as Eliza and Lizzie, their freedom. According to Missouri law, Dred Scott had been free since 1833, the time Dr. Emerson conveyed him to Fort Armstrong.

Immediately following this decision, Emerson's attorneys Garland and Norris moved for a new trial; this was overruled. They then appealed to the Missouri Supreme Court, filing a bill of exceptions on February 13, 1850. A complete transcript was forwarded and the case was scheduled for the March term, to be held in St. Louis. The attorneys maintained that Dred Scott had been freed on the basis of civil law, but that during his stays in free territory, Dr. Emerson, and therefore Dred, were under military jurisdiction. Dr. Emerson's stays in free territory were not voluntary; therefore, he did not voluntarily take Dred into the free territory.

Both sides filed briefs on March 8, 1850. An unusually heavy schedule prevented the judges from hearing the case during the March term.