Three judges refused Holmes' case, which was brought to court by lawyer Reuben P. Boise. Ford argued that he had freed the Holmes' under the terms of his agreement, having asked Holmes to work for Ford's son digging gold in California and had arranged to house and care for Holmes' wife and children, despite that they were unfit for work. Having now become old enough to work, Ford argued that he should be able to keep them as slaves until the daughters turned 18 and the sons turned 20.