from to

13th august 1829M. Maria his X mark Whitmen

Maria Whiten
petition for
freedom

Filed August 17th 1829 A. Gamble clk
order made

To the Honorable William J Carr Judge of the
in circuit court of the county of St . Louis

Maria Whitem represents to your
honor that she was born a slave in the
state of virginia and has the property
of who resided in Bedford
county in that state that about to the north
given the said Jno Whiten removed from that
state to Kentucky and took you further and
for child with him whom she resided
with the said Jhn Whiten about two months
that the said Jno Whiten then removed to
the state of Illinois and took your further
and for infortchild with him
he in the state of Illnois , that
on to said state and
ing his with the said Jno
Whiten find your petitioner to &
in the said state of Illinois
for three dollars for month and himself
for ten dollars for month; that the said
Jno Whiten established himself with your
petitioner in November 1829 in the state
of Illinois and did in February 1829 - that

The said Jhn Whiten on his death had
wouldoen witness and that it
was his demand his last will and testament
that your petitioner and for infort held
should be , that that death of the
said Jhn Whiten until written
days your petitioner has resided in the
state of Illinois considered to be and act
ing
as when Garland
Rucker in
with others took possession of your petitioner
and her infert should and them to
the county of it , and saw holds them as
slaves and is to it then
is . Your petitioner belongs and
being that the facts with
for and in held to then
prays to institute sent in to establish for right to done I well

Marie her X mark Whiten

County of St. Louis St.

The above Maria Whiten being duly
sworn forth that for freedom, and and

NO 14
St. Louis Circuit Court
November Term 1829

This is an action of trespass
assualt & Battery & false im
prisonment - Damages $500 -
Let a Summons

& Summons

Filed 18th August 1829 Archibald Gamble Clerk

Executed this writ on Garland Rucker in St. Louis August 21. 1829
by reading of him to him the Declaration summer & order of court

Finer $1.00
R Simpson Shf

In the St. Louis Circuit Court November Term 1829

County of St Louis , to with Maria Whiten a free woman of
color is permitted by the court to sue as a poor person,
by her attorney Strathers assigned as counsel set
by the court, complains of Garland Rucker of plea of
trespass_ For that the said Garland heretofore to wit on this
thirteenth day of August in the year Eighteen hundred and twenty
nine with force and arms at the county of St Louis
aforesaid, an assault did make upon the body of the
said Maria and then and there beat, bruised, and illtreated
her the said Maria and then & there imprisoned her the
said Maria and kept and detained her in prison there
against her will and without any reasonable or probable
cause whatsoever, and has ever since kept & detained
her in prison against her will, without any reasonable
or probable cause, countrary to the laws of this state. And the
said Maria overs that before and at the time of the
committing the grievances aforesaid, she was, and still is,
a free person, and that the said Garland held, and detained,
her and still holds and detains her in slavery - And the said
Garland other to her then & there did to her the said
Maria assualt the peace of the state. Wherefore the said
Maria says she is greatly injured by him the said Gar
land and has sustained damage to the amount
of five hundred dollars and thereore she sues

Filed 18th August 1829 Arch Gamble ClerkShother &

County of St. Louis SsThe State of Missouri To the Sherif of St. Louis County Greeting

We command you to summon garland Rucker that he be and
appear before the Judge of our Circuit Court at the next term
thereof to be held at the city of St. Lois within and for the County
of St. Louis on the fourth Monday of November next then and
there to answer unto Maria Whiten a free woman of color of a
plea of Trespass wherefore the said Galand and has sustained damage to
the amount of Five Hundred dollars and have you then these this writ -

Witness Archibald Gamble Clerk of our said
Court at office this Eighteenth day of August
Eighteen Hundred and twenty nine Archibald Gamble Clerk

St. Louis Circuit Court July Term 1829
Monday 17th August 1829

George F Strother presents here to the Court the petition of Maria Whiten
praying that she may be permitted to institute suit against Garland Rucker
to establish her right to freedom and that she may be permitted to sue
as a poor person thereupon the Court permits the said Maria Whiten to
sue as aforesaid and directs that an action of assault and battery and
false imprisonment be commenced against the said Garland Ruckner
in the name of the said Maria Whiten and assign George F Strother Esq.
as her counsel and it is ordered by the court that the said defendant
permit the said Maria Whiten to have a reasonable liberty of attending
her counsel and the Court when occassion may require it and that
the said Maria Whiten shall not be taken or removed out of the
Jurisdiction of this Court and that she shall not be subject to any
severity of treatment on account of her said application for freedom

A true copy of the order
Archibald Gamble Clerk

County of St. Louis Ss.The State of Missouri To Garland Rucker Greeting

You are hereby commanded to have the bodies of Maria Whiten
and (her child) Patrick Henry detained in your custody as it is
said under a safe and secure conduct together with the day
and cause of their being taken and detained by whatsoever
name they shall be called in the same before our Circuit
Court within and for the County of St Louis now in session
at the City of St. Louis immediately after the receipt of this
writ to do and receive all and singular those things which
our said Court shall then and there consider Concerning
them in this behalf and have you then there this writ

Witness Archibald Gamble Clerk of our
said Court at office this Twentieth day
August Eighteen Hundred and twenty
nine Archibald Gamble Clerk

Executed this writ on Garland Rucker In St. Louis Aug
21. 1829by reading to him the same

R Simpson ShfServe 1.00

Writ of Habeas Corpus
F
Maria Whiten and Patrick Henry

In return to this writ I state that the
witness named Mariah & Henry my slaves
one and in my possession I brought
them to the County of St. Louis about the
11th of the present month and had them
in possession but a five days when
they abscounded and put themselves
under the protection and authority of George of
Strother & Newman esq of where now
as your in to and be since the commencement
o the
men of the suit for freedom
I have not seen them

James Rucker

And the said Garland Rucker by
Gamble his attorney comes and defends the force
and injury when and says he is not guilty
of the said supposed trespass in the declaration
mentioned in manner and form as the said plaint
iff hath above thereof complained aganist him
and of this he puts himself upon the country

And for further plea in this behalf the
said Defendant says the said plantiff ought
not to have and maintain her aforesaid action
against him because he says that the said
plaintiff at the said time of committing the
said supposed trespass in declaration men
-tioned was and still is a slave without this
that the said plaintiff at the said time was
free and this he is ready to verify wherefore
he prays Judgement

filed Nov 25 1829 A Gamble Clk HR Gamble
atto for Dft

No 14
Nov Term 1829

Two pleas - Not Guilty
Slavery of plaintiff

filed Nov 25th 1829 A Gamble Clk

In the St Louis Circuit Court
November Term 1829

And the said Maria h by the her attorney, as to the plea of the said Garland
by him first above pleaded and whereof he hath
himself upon the country saith the
like.

And the said Mariah as to the said plea
of the said Garland by him secondly above
pleaded saith that she the said Maria by
reason of any thing by the said Garland on that
plea alleged ought not to be baned from
having and sustaining her aforesaid
action thereof against him the said Garland
because she says, that before and at the
time of committing the grievances and trespass
in the said Plaintiff declaration mentioned
she there was & now is a free person. And
this she the said Maria prays may be
required of by the country

Filed 19th December 1829 Archibald Gamble Clerk Strother p.q.

No 14
November Term 1829

Republication

Republications to the
Deft. first & Second
plead-

Strother p.q. Filed 19th December 1829 Archibald Gamble Clerk

Book 6

Action of assualt and Battery & false imprisonment
and for freedom In the St.Louis Circuit
Courts in the State of Missouri

To Hauittaw R. Gamble Esq. Attorney of record of the above
named Defendant.

Sir Take notice that I shall attend as
the law office of William S Gatewood Esq in the town of Equaltiy Country
of Gallitin and State of Illinois are the twelvethfifteenth day
of March next between the hours of Eight of the
clock in the forenoon and five of the clock in the
afternoon of that day then and there to take the deposition
of witness to be Read at the trial of the above cause
on the part of the plaintiff when & whereof an
may attened if you think proper. February the
18th 1830

H.R.Gamble E sq. Yours
Maria Whiten

Notice

A true copy delivered to
H R Gamble E sq. 19th Feby
1830 by

L . Newman

I acknowledge that a copy of the within notice was
served on me this day February 22. 1830

H.R.Gamble
atto for Dfs

County Of St. Louis , Sct.State of Missouri ,To Any Judge Or Justice Of The Peace Of the State of Illinois
--Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you, that you
cause to come before you such person, or persons, as shall be named to you by Maria Whiten a woman of Color or Garland Rucker
their attorney or agent, and him, her or hem examine upon his, her or their corporal oath, (to be by you administered,) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court ,
for the county of St. Louis , wherein Maria Whiten is plaintiff and Garland Rucker
is defendant, on the part of the said plaintiff, and having reduced the said
deposition so taken by you as aforesaid, into writing, you are required to send the same, together with this commission,
enclosed under your seal, to our said Circuit Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this Nineteenth day of February in the
year of our Lord one thousand eight hundred and Thirty Archibald Gamble Clerk, C.C.

St. Louis Circuit Court , November Term 1829
Wednesday 16th December 1829

On motion of the attorney for the said plaintiff it is Ruled
that a dedimus issue to any Judge or Justice of the peace of the
State of Illinois to take the deposition of witnesses to be read in
Evidence on the trial of the above cause on the part of the said
plaintiff

A true copy of the Rule
Archibald Gamble Clerk

I Francis Gehon am acting Justice of the peace
in and for the county of Gallatin and State of Illinois
so certify, that in pursuence of the within Com
=mission and annexed notice, came before me
Giles Y Taylor and John Crenshaw who was
there at the Law office of William J . Gatewood
at Equality in the county and State last aforesaid
when were there by me sworn and examined
and such examination worked to writing
and subscribed in my presence, by them respec
=tively and then said depositions are now
herewith returned

Given at Equality in the county of
Gallatin and State of Illinois this 12th day
of March 1830

Francis , Gshan J.P.

Defend & filed
March 30 1830

A. Gamble Clk

Depositions of Witness produced sworn and
examined at the Law office of William J .
Gatewood at Equality in the County of Gallatin
and State of Illinois before me Francis
Gehon an acting justice of the peace in &
for the County and State aforesaid in a certain
cause now depending in the St. Louis Circuit Court State of Missouri between Maria Whiten
plaintiff and Garland Rucker difendent on
the part of the plaintiff
Giles . Y . Taylor of lawful age being produced sworn and examined on the part
of the plaintiff deposeth and sayeth

Question by plaintiff Attorney
Did your know one Lesu Whiten and Mariah
a mulatou woman

Answer I question what time did Lesu Whiten
came to the state Answer he came here with.
Mariah about Chistmas 1828 and Stapled at
Abraham Crenshaw and Whiten told me that me
he had hiered Mariah to said A Crenshaw
whom the said Whitten claimed as his slave.
When Lesu Whiten arrived at A Crenshaw he had
only two horses the same night he came he sold
me horse and same time afterwards sold the other
one; and he said Whiten told me his object in sellin
g this horses was that when he started he intended
to go by Steam Boat and said Whiten staid at said
Crenshaws and ingaged in work he could taken
sick and died in or about two months after his
arrival in this place during which time Mariah was
at work for Abraham Crenshaw on the hire of his her
Master Lesu Whiten and worked until this time months
the time of three months which Crenshaw said
he had hired her for and further this oponents saith
not

Giles Y. Taylor

I Francis Gehon our acting justice of the peace in
and for the county of Gallatin and state of Illinois
so herely certify that Giles Y.Taylor the deponent was
he me sworn to testify the whole truth of his knowle
edge touching the matter in entering in the cause
aforesaid; that deponent was examined and his ex
amination reduced to writing and subscribed by said
deponent in my presence on the 12th day of March
in the year eighteen hundred and thirty between the
hours of eight of the clock of the forenoon and five
of the clock of the after noon at the law office of
William J. Gatewood in Equality in the county of Gallatin
and state of Illinois

Given & Certified the 12th Day of March 1830. Francis S Gehon .JP

Jno Crenshaw being of lawful age being produced
sworn and examined on th part of the plantiff deposeth
and sayeth.

Question of plff

Did were you acquainted with Lessu Whitten
and Maria his slave and her child what time did
he come here, state what you know about them
Ans. I knew Maria and Whitten has master and
her child they come to my Brothers A Crenshaws
house in this County about Christmas 1828. Whitten
wants to stay and work and hire his negros &
I told him his negro could get free if he staid
in this state Whitton state that he could not help
it for he was out on money and could go no
further and that he and his negro
must work for same & he hired Maria with
her child to my Brother for sometime I not
known how long but think Maria was with my
mother about three munths,I had heard Whitton tell

my Brother if he would pay him up for what
time she had been with him he would
or part, my brother refused on the ground that in
addition to the living of him he had a lien on Maria
or a conditional his of sale to him
as Whitton security for his apppearance at court
on a break of the peace. Shortly after Whitton
came he sold one of the only two horses he had & some time afterwards sold the other a little
time before he was taken sick which was about six weeks after his arrival here and further
this deponent sayeth not.

his Jno.X Crenshaw
mark

I Francis Gehon am acting justie of the peace
in and for the county of Gallatin and State of Illinois
do herely certify that John Crenshaw the deponent
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy
in the cause aforesaid that deponent was exam
=ined, and his examination reduced to writing
& subscribed in my presence in the 12th day of March in the your eighteen hundred and twenty
an thirty between the hours of eight of the forenoon
and five of the afternoon at the Law office of
Williams J. Gatewood in Equality in the county of Gallatin
and State of Illinois

Given & Certified the 12th day of March 1830 Francis Gehon JP

It is hereby certified

That Francis Gehon on the twelfth day of March
eighteen hundred and thirty was and now is an acting
Justice of the peace within and for the County of Gallatin &
State of Illinois duly commissioned and acting as such and
that full faith and Credit are due to his acts as such

In testimony whereof I James Caldwell
have hereunto subscribed my name & affixed
the seal of the County commissioners Court of
Gallatin County at Equality out office this
13th day of March A.D... 1830 James Caldwell Clk

State Of Missouri ,County Of St.Louis , Sct.To Any Judge Or Juctice Of The Peace Of the State of Virginia
--Greeting.

We, reposing special truth and confidence in your integrity and circumspection, do require and command you, that you
cause to come before you such person, or persons, as shall be named to you by Maria Whiten or Garland Rucker their
attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administered,) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court ,
for the county of St. Louis , wherein Maria Whiten is plaintiff and Garland Rucker
is defendant, on the part of the said defendant, and having reduce the said
depositions so taken by you as aforesaid, into writing, you are required to send the same, together with this commission,
enclosed under your seal, to our said Circuit Court , with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St.Louis , this Fifteenth day of May in the
year of our Lord one thousand eight hundred and twentyThirty Archibald Gamble Clerk, C.C.

In VacationMay 15th 1830
Clerks office of the St.Louis Circuit Court

An application of the attorney for the defendant it is Ruled that
a Dedimus issue to any Judge or Justice of the peace of the State of
Virginia to take the depositions of witnesses to be read on the trial of
the above cause on the part of the defendant.

Archibald Gamble Clerk C.C.

In the St Louis Circuit Court

To the above named Maria Whitten and to
John Newman and George F Strother her attornies

Take notice that I shall attend at the house
of Abel Beriekol in the Country of Bedford
and State of Virginia on the twenty third and
twenty fourth, twenty sixth and thirtieth days
of June next between the hours of six Oclock
in the forenoon and six Oclock in the afternoon
of the said days respectively then and there to
take the deppositions of witnesses to be read in
evidence on the Trial of the above cause when
and where you many attend.

May 17.th 1830 Garland Rucker
By H.R.Gamble
his Atto

The within notice was read to John Newman & George F Strother
May 17. 1830. And to Maria Whitten May 18. 1830_ all
done in the city of St.Louis , State of Missouri

R Simpson Sheriff Luner Given$1.50

Justic to take deposition

The deposition of Jacob Fizer taken at the house of Abel B. Nichols in the county of Bedfor
and of state of Virginia on wednesday the 29th day of June 1830between the hours of 6 Oclock in the morning & 6 Oclock in the evening in pursuance
of a commissioner of dedimus potestatumjudge from the Circuit Court of the County
of St.Louis , state of Missouri dated on the 15th of May 1830 and directed to any judge or justice of the
peace of the State of Virginia , to be read in evidence on the trial of a case
now depending in the said circuit court of the said county of St.Louis in the
state of Missouri wherein Maria Whitten is plaintiff and Garland Rucker
is defendant and persuant to notice. The said Jacob Fizer being first duly
sworn to tell the whole heart deposeth & saith as follows -

That in the month of June orjuly 1828 a negro women named
Maria and her child Patrick Henry left the posession, or were carried
away from the posession of Abel B.Nichols in the town of Liberty in
the county of Bedford and State of Virginia the said slaves had been pur
-chased by the said Nichols of one Abraham Powell Patrick at auction
before the front door of the court house of said county on June court day
1828 as said deponent believes said deponent was present at the sale
the day after the said slaves absconded, or were carried away as
above stated, the said Abel B. Nichols came to said defendant
and requested him to go with him in search of said slaves. Said
deponent went with Nichols to the house of Jesse Witten being
under an impression that Whitten either had the said slaves
in possession or knew where they were, as it was depositioners
universally believed that Whitten kept the woman for a wife and
that he was the father of her child. Whitten at that time denied
all knowledge of the said slaves, and pretended to aid us in our search
for them, and gave the said Nichols the most positive assurance
that if he could fined the said slaves he would find and deliver
them to the said Nichols . a few days subsequent to this said officiant hand
that said whitten had the said slaves in his hope from
and shortly afterwards and whilest the said Nichols was absent from this state the said Whitten together with
the said slaves disappeared from this county & said deponent has
not heard of them since. The said defendant in answer to a question asked
him by the deponents aganist further saith that the said slave Maria
was a bright mulatto women under thirty years of age at the time
spoken of and that her child Patrick Henry was very young &
he thinks under 2 years old and further the deponent saith not

Jacob Fizer

Virginia Beford county to wit.

The above named Jacob Fizer was duly
sworn before the subscriber a magistrate for the county aforesaid
to the foregoing depostions at the time and pleace mentioned in the
caption and it was &was reduced to writing in my persence and so said
in my presence by the said Fizer

A . JP .

Filed (open) July 26th 1830

A.Gamble Clerk.

The deposition Whitten said
Nicholas in the County of Bedford on wednesday the 30th day of
June 1830 betweeen the hours of 6 Oclock in the morning & 6 Oclock in the evening of that day in presence of a commision of dedimus potestatum
peace from the circuit court of the county of St.Louis in the State
of Missouri dated the 15th of May 1830 and directed to any
judge or justice of the peace of the of the State of Virginia
to be cause in evidence on the trial of a case now
in the said circuit court of the said county of St.Louis in the
state of Missouri wherein Maria Whitten is plaintiff and
Garland Rucker is defendant and present to notice.
The said Williams Whitten being first duly sworn to
tell the whole truth deposeth as follows-.

That a negro woman Maria shortly after June Befored
County Court 1828 ranaway with her child from the possesion
of Abel B. Nichols in the town of and county of Bedford
in the state of Virginia and went to Jesses Whitten’s who
shortly thereafter ranaway with her and went
as said deponent is informed to the state Illinios .
Where he died. The deponent is the father of the said
Jesses Whitten and lived very near him and had no knowledge that he
intended to runaway from this county until
he was gone_ The women Maria was a brith mu-
-latto the deponent thinks she was between 25 and
& 30 years old but is not certain, the child named Patrick
Henry was nearly white. & deponent thinks was near
two years old but does not with certainly, and
further this deponent saith not.

William his X mark Whitten

Virginia Bedford County .

The above named William Whitten
Lenn was duly sworn before the a
for said county that the foregoing deposition contains the
whats and he subscribed the same in my presence
and which was also reduced to writing in my presence. .

A. Gluy JP.

Virginia Sct

I Robert C. Mitelue Clerk of
the County Court of Bedford in the State of
Virginia do hereby certify that . whose signature appears to the foregoing
certificates attended & the deponent of Jacob
Fizer and William Shothen
is and was at the time of signing the said
certificates and acting Justice of the peace in &
for the said County duly appoinment commissioned
and qualified according to said that his said
certificates are in due form and the full
faith and credit our due and of right ought
to be given to all his official is as Justice
of the peace as in courts of
as

In Testimony whereof I
have subscribed my
name and affixed the seal of the said Court at office
This first day of July 1830
and in the 26th of
the Commonwealth.Ro.C. Mitelee CF. B.Cr our 1.00
for 50¢. charged to Defend
R.C. Mitelue Clk