 When Drake left St. Louis in 1847, Samuel M. Bay took over as Scott's lawyer.In June 1847, Scott lost his case by a technicality since he had not proven that he was actually enslaved by Irene Emerson.At the trial, the grocer Samuel Russell had testified that he was leasing Scott from Irene Emerson, but on cross-examination, he admitted that the leasing arrangements had actually been made by his wife, Adeline.