The "Scott v. Emerson" case was tried by the state in 1847 in the federal-state courthouse in St. Louis. Scott's lawyer was originally Francis B. Murdoch and later Charles D. Drake. As more than a year elapsed from the time of the initial petition filing until the trial, Drake had moved away from St. Louis during that time. Samuel M. Bay tried the case in court. The verdict went against Scott, as testimony that established his ownership by Mrs. Emerson was ruled to be hearsay. But the judge called for a retrial, which was not held until January 1850. This time, direct evidence was introduced that Emerson owned Scott, and the jury ruled in favor of Scott's freedom. His family had a taste of freedom.