Territory of Missouri
Northern Circuit
Ss:The United States of America to the Sheriff of the county of St Louis
Greeting

You are Commanded that you summon Phebe Whitesides alias-
, that she be and appear before the Judges of our superior court
of our Territory of Missouri at our said superior court to be held in and
for the Northern Circuit of the said Territory at the town of st. Louis on the fourth Monday in March next then and their in our
said court before our Judges to answer unto Malinda , a free
girl, held in slavery in a plea of trespass, assault & battery and
false imprisonment to her damage five hundred dollars
and have you then and there this writ, and certify to our said court
how you execute the same

Witness The Honorable Ielias Bent
Judge of our said court at St Louis this fourteenth
day of december in the year of our lord one thousand
eight hundred and eighteen and of our Independence
the forty third I. B . N. S . C. N. Cr .

Served this writ 9th
February 1819 by reading
it to the defendant at the
house of Mrs. Musick
Benhomme Township

J. K. Walker
Dshiff

Service $.80
Travel 36 ms 1.80
2.60

filed april 26th 1879

No.198 Superior Court
March Term 1879

Summond,
Malinda a free girl
vs Phebe Whitesides alias Pruitt

narr. in trespass
false imprisionment

This is an action trespass
& false imprisonment
Damage $500.

Let a summon issue

I. Barton & Geyer

St. Louis Circuit Court Febry. Term 1822

Malinda free girl
vs.
Phebe Whiteredes alias

On the trial of this cause it was
proved on the part of the plaintiff that one Winne mother
of the said plaintiff was carried into the now State of Il -
linois between twenty and thirty years since by the said
defendant and her husband: when and where the said
Winne was by them heldin slavery during the space of
three or four years; that at the end of said time of three
or four years the said Phebe with her said husband
removed to the now State of Missouri carrying the
said Winne with them in which last mentioned
place the said Winne has been held in slavery even
since such removal; and that said plaintiff was born
after such residence of the said Winne in the now
State of Illinois as aforesaid. The counsel for the defen-
dant then required the Court to instruct the jury that
a residence in the then North West territory (now Illi -
nois) as above mentioned did not render the said Win
ne free under and in virtue of the ordinance of Con-
gress of the year one thousand seven hundred and
eighty seven for the government of the territory of
the United States North West of the river Ohio ; which
instruction the Court refused; but changed the jury
that said ordinance did in law set the said Winne
free, if it should appear to the satisfaction of the jury
that the said defendant and her then husband resi-
ded there (in Illinois ) with intent to make that
territory the home of themselves and of the said Winne
To this opinion of the Court delivered to the jury the Coun -
sel for the defendant excepted and prayed the Court
to sign and seal a bill of exceptions taken thereto
which is done accordingly in open Court this tenth
day of March in the year one thousand eight
hundred and twenty two.

N. B. Tucker

St. Louis Circuit Court

Malinda free girl
vs.
Phebe alias

Bill of exceptions

Pettibone &
Spalding

In the Superior Court . Northern Circuit
March Term 1879

County of S Louis . court Malinda a free
girl held in slavery and who is permitted
by the court to sue as a poor person by
J Barton and Henry S. Geyer her as-
signed as counsel by the said court com-
plains of Phebe Whitesides alias Pruitt
of a plea of trespass. In that the said
Phebe her before court on the first day
of January in the year of our Lord
one thousand eight hundred and fifteen
with force and, arms at the county aforesaid
unlawfully an assault did make in and
upon her the said Malinda , and then
and there beat bruised and ill treated
her the said Malinda , and then and
there imprisoned her the said Malinda
and kept and detained her in prison
without any lawful cause whatsoever
and has ever since kept and detained
and still keeps and detains her in prison
against the will of her the said Malinda
and contrary to the laws of the territory
and other wrongs to her then and
there did against the peace of the
United States of America and to the
damage of the said Malinda five
hundred dollars, and therefore she sues

J. Barton & Geyer