In 1856, a year before the Dred Scott Decision would have made the case moot, Judge Benjamin Hayes invited fourteen slaves, all "property" of Robert May Smith, to come into his California chambers. He had already heard Smith's assurance that his slaves were "well disposed" to go with him to Texas. Judge Hayes chose to ask the slaves themselves what they wanted.
Robert Smith had hoped to find wealth in San Bernardino, but became impoverished. He had decided to move to Texas, and insisted on taking his slaves with him. In that year, however, no person of color was permitted to testify in open court. Hence, Judge Hayes' decision to bring them into his chambers was unusual and fearless. Biddy Smith Mason responded to his question about her own will with the words: "I have feared this trip since I first learned of it." In fact, it seemed possible that Smith's human property would be sold once they were in Texas. There were other reasons to resist the trip—particularly for two of the slaves, Biddy and Hannah. Evidence suggests that Smith had raped and impregnated each.
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