A list of the taxable property of Charles Harryman Dec given
in by himself for taxes in 1833. taken off the return Book
of the said year

160 acres land being of N W 28.54.17 to Soloman

160 29.56.17 to Stephen Shaw

160 N E 12.54.20 to John Howdeshell

4 Slaves - 2 Horses - 8 head of Cattle. all of which
is certified by the said for the said year of 1833.

given under my hand on this 19th
day of August 1837. Edward clerk N E. 3. 54N. 23. West to Green - Circuit C. (A)

"A"

of
&
of appraise bill

The petition of Samuel otherwise called
Sam (a man of Color) to the Honorable Saint
Louis Circuit Court

Your petitioner respectfully represents
to this honorable Court that he is now held
in Slavery by John Howdeshell of the said
county of St Louis and your petitioner further
represents that about eight or ten years ago (your petitioner does not remember the
exact time) he was carried from the State
of Missouri into the State of Illinois by an
Andrew Herriman to whom your petitioner
then belonged and under whom the aforesaid
John Howdeshell claims and was there
held in slavery for the space of about eight
or nine months to and in violation
of the act of Congress entitled "An Ordinance
for the government of the territory of the United
States North West of the river Ohio "
passed July 13. 1987. and of the Constitution
of the State of Illinois your petitioner
was from of let against his will to the State
of Missouri by the said Andrew Herriman
and was there by him held in slavery for
about two years and half and then your petitioner
was again carried into the State of
Illinois by the said Herriman and there by
him held in slavery again contrary to the
provisions of the said act of Congress and
of the constitution of the State of Illinois for
about ten months and then carried back
again into the State of Missouri by the said
Herriman where he has been held in
Slavery ever since and has since that time
come into the possession of the said John
Howdeshell

And your Petitioner represents
that by reason of the transactions above
represented your petitioner has become
and is now entitled to his freedom and
is a free man and your petitioner respectfully
prays this Honorable court to
grant him permission to sue as a poor
person in order to establish his right
to freedom and to assign him counsel
for his assistance in that behalf.
And your petitioner will ever pray &

Sam, or Samuel his mark

State of Missouri
County of St Louis
SS.

Samuel otherwise called Sam being
duly sworn on his oath says that he
verrily believes he will be immediately
removed out of the jurisdiction of the
St Louis Circuit Court by John
Howdeshell upon the institution of the
proceedings which he intends to institute
in that court against the said
Howdeshell in order to establish his
right to freedom unless the count shall
cause this affiant to be brought up
before the court and taken out of
the of the said John Howdeshell
or the said Howdeshell be required
to give security that he be not removed from the jurisdiction
of the count

his markSworn and subscribed to before me this 20 of
November AD. 1843. Alphonse
Justice of the peace

State of Missouri
Courts of St Louis

above way
as a poor person to establish his
right to freedom and Andrew Beatty
Esquire & L Karr Esquire are assigned as
his counsel. It is further that
Samuel have reasonable liberty
to attend his counsel & the court
way require ; that he be not removed out of the
jurisdiction of the Court and that he be not
subjected to any severity on account of apply
action for freedom

St Louis 20 Dec 1843

The State of Missouri

to William Sheriff of
the county of St Louis - greetings
you are hereby ordered to seize
the within named affiant & petitioner
Samuel wherever he may be
and bring him before
our judge of the
Eighth Circuit of
Missouri on Thursday 23
November AD 1843 at this
Sheriff office in the county of
St Louis in the city of St Louis
at half past three o'clock P.M.
and any claimant of
his person, or any body in whose
he may be found
to appear at the said
& place & have you
then there this as
the hand of our said judge
at Chambers this 20th Nov

or to
of

In obedience to the above order I did on the
23 November 1843 seize the boy Samuel being
the same named in the above order and had his
Body before the Judge of the Circuit Court at his Chambers
on the day & named in the above order & and summons
John Howdeshell
of the aforesaid By to appear before the Judge aforesaid
at his chamber at the sheriff office an the 23rd November 1843

In the St Louis
Circuit Court
April Term 1844State of Missouri
County of St Louis
sct
Samuel

otherwise called Sam (a man of colour)
complains of John Howdeshell in custody
& of a plea of trespass

For that the defendant on the first
day of January 1843 with force and
arms the plaintiff to wit
at the county of St Louis aforesaid
and then and then beat bruised and
ill - treated him and then and there imprisoned
him and kept and detained
him in prison there for a long time to wit
for the space of six months there next
following contrary to the laws of the
state and against the will of the plaintiff.
And other wrongs to the said plaintiff
then and their did, against the
peace and dignity of the state and
to the damage of the plaintiff of one thousand
dollars. And the plaintiff avers
that before and at the time of committing
the said grievances he was and still
is a free person and that the defendant
held and still holds him in slavery,
wherefore the plaintiff brings his suit &

A
& Beatty L J Carr
counsel
for plaintiff

Samuel otherwise
called Sam
vs
John Howdeshell

Declaration in
Trespass

County of St. Louis , ss
The State Of Missouri ,To the Sheriff of St. Louis CountyGreeting:

We command you to Summon, John Howdeshell
if he be found in your County that he be me
appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to be
held at the City of St. Louis , within and for the county of St. Louis , on the third Monday
of April next, then and there to answer unto Samuel
(a man of color of a plea of trespass
to the damage of said plaintiff One thousand
dollars: And have you then there this writ.

Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. Louis , this twentieth day of
November in the year of our Lord eighteen
hundred and forty three John Ruland Clerk.

I acknowledge myself bound for all costs that may accrue in the above cause.

Witness my hand and seal, at St. Louis , this day of 184

Plea filed BK 15 3. Plea filed BK 15 . 30. for Deft July 12th 1845
23
for new trial filed 23. . appeal 34
me for appeal plea 39. appeal refused 59. Bill of Executionfiled 132

No 6 In Louis Circuit Court
April Term 1844

Samuel (a man of color)
Summons
John Howdeshell Trespass

Carr Beatty p.q.

filed November 20th 1843 John Ruland Clk The order of the Judge
allowing the plff to sue
must be served at the
same time with the
writ the order is within

79

Executed this writ inthe
County of Louis on the 23rd November
1843 By offering to read & the petition to John
Howdeshell the within defendant which
he refused to hear and also by reading to said defendant
at the same time the order of the Judge which to

fees $ 1.00

fees of service
of the order & the
Judge & 2.00

$ 3.00

William Milburne Shff
By Daniel Murphy Depty

at half past 3 O Clock P.M.

William Milburn Sheriff
By Daniel Murphy Dpty

fees $ 2.00

State of Missouri
County of St Louis
ss

John Howdeshell having declined to enter into the
required under unable persons held
in slavery to sue for their freedom, appeared 27 Jan 1835 As
is ordered colored boy Samuel to
advantage during his of the suit & take bond from
him as required by 8th between same him to goal witness
hand or this 23d Nov 1843.

Judge 8th of

Know all men by these presents that
we Walter Carr . as principal and Henry . J.
Childs as surety are held and firmly bound unto
The State of Missouri in the just and full sum of
Six Hundred and Fifty Dollars, lawful money
of the United States , to the payment whereof
well and truly to be made, we bind ourselves
our heirs executors and administrators, jointly
and severally firmly by these presents, sealed
with our seals and dated this Thirtieth day
of November in the year of our Lord one Thousand
eight Hundred and forty three.

The Condition of the above obligation, is such
that whereas, on the twentieth day of November
A D 1843. a suit was instituted in the St Louis Circuit
court for the County of St Louis , Mo in favor of Samuel
(a man of color) against John Howdeshell for
Freedom and on the twenty third day of November
1843 and order was made by the judge of said
St Louis Circuit Court , ordering and directing
the Sheriff of St Louis county to hire the said
Samuel to the best advantage during the pendency of said suit, and, whereas the said
Sheriff has hired the said Samuel to the said
Walter Carr during the pendency of said suit
at the price and sum of Twenty five cents per
month; Now therefore if the said Walter Carr
shall during the pendency of said suit permit
the said Samuel to have reasonable liberty to
attend his counsel and the court that the
said Samuel shall not be removed out
of the Jurisdiction of the said St Louis Circuit
Court and that he shall not be subjected to
to any severity on account of his application
for freedom, and further conditioned that

the said hirer shall pay the hire to the
Sheriff and return the said Samuel
at the termination of said suit to the said
Sheriff. Then the foregoing obligation
shall be absolutely null and void
otherwise it shall remain in full force
and virtue

Witness L J Carr .W C Carr H J Chiles

State of Missouri
County of St Louis
ss

The Bond
for the Boy Sam, a coloured man,
shall be taken in the sum of six hundred
and fifty Dollars- &
the same may be filed in
the papers of the cause of
Sam vs John Howdeshell
in the Circuit Courts
at , Nov 29- 1843-

By our will
Judge 8th Judge in
of Mo.

And the said defendant J
Howdeshell and his attorney and
defends the force and injury
to and any that he is not guilty
of the said several Trespasses
land to his charge nor any or
them in man nor and 4
said plaintiff hath arm thereof
against him and
of this he puts
the

And the plaintiff does the same Beaty & Carr
Attys for plff

No 6 apl T. 1844

Sam (of Color)
vs
John Howdeshell

Plea not guilty

Filed April 16th 1844. John Ruland Clerk.

The state of Missouri
County of Saint Louis
In the circuit
court of said county
at April term 1844

And the said defendant
by attorney and defends the
wrong and injury when & And
says he is not guilty of the several
Trespasses in said plaintiff's declaration
mentioned or any or either of then in form as the same are
thereof Complained against
him and of this he to himself
upon the Country &

& Knott
Atty for defendant And the plaintiff does the same Beaty & Carr
Attys for plff

No 6 In the St Louis Circuit
Court at April term
1844

John Howdeshell shell

plea
Samuel (a man of Color

Filed May 9th 1844. John Ruland Clerk.15p30.

Samuel a man of color
vs
John Howdershell In the St Louis
Circuit Court

Take notice that on the thirteenth day
of August 1844 between the hours of eight
O'clock in the forenoon and six O'clock in
the afternoon of that day at the court house
in Nashville County of Washington State
of Illinois depositions will be taken to
be read on the trial of the above entitled
case on behalf of plaintiff and that the
taking of said depositions if not completed
on that day will be continued from day to day
at the same place and between the same hours
until completed

To the above named John Howdershell A Beatty
Atty for pltf

Served the within notice in the County of Saint Louis
on the 1st day of August 1844 by delivering a true Copy of
the same to John Howdershell the within name defendant

fee $ 0.50
William Shff
By B S. Garland Depty

County Of St. Louis , SS.
The State Of Missouri ,To any Judge, Justice of the Peace, or other Judicial Officer of
Illinois Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit Court for the County of St Louis , in the State of Missouri , wherein
Samuel a man of color is
plaintiff, and -
John Howdershell is- defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said Samuel his -

Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. when
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be produced
or proven, or be referred to by the witness, you are to describe the same in his examination,
or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more convenient,
such authentication and proof of your official character may be made by the certificate
and seal of the clerk of any court of record of any county of the State, District or Territory
in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, carefully
closed up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon,
with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this first day of
August in the year of our Lord one thousand
eight hundred and forty four John Ruland Clerk C.C.
By . D.C.

Opened & filed 15th Augt .
1844 Jn. Ruland Clerk

Samuel (of color)
vs
John Howdeshell

Deps. for Plff

Costs by Pltffsatty $ 10.50

Depositions of witnesses produced. Sworn
and examined at Nashville in the County of
Washington and State of Illinois before me the undersigned
Isaac Parlier Justice of the Peace (for said
County of Washington ,) in a certain cause now pending
in the Circuit Court for the County of St Louis
and State of Missouri , between Samuel a man
of color and John Howderdshell plaintiff and
John Howerdshell defendant on the part of
the plaintiff

David W Nelson of Lawful age being,
sworn and examined on the part of the Plaintiff
deposeth and saith-

A boy ( Samuel ) Andrew J Herryman brought to
this County I think as well as my Memoryservesme
in 1830 - A.J . Herryman brought said boy here in
the summer and took him away the next year
A.J . Herryman brought boy ( Samuel )back in 1835 (I think)
- Sometime in 1836 A.J . Herryman man took said boy
away again - said boy ( Samuel ) was by Herryman
treated as a slave whilst here (as well as my
memoryserves me) Herryman hired said boy
out to William Middleton in the County of Washington
Illinois Said boy was at all times at A.J . Herryman disposal to the best of my recollection
Herryman claimed said boy as his slave- never
heard that the boy was claimed by any body else
John and Charles Herryman brothers of A.J . Herryman were living in the county of Washington Illinois
I have seen said boy at both the Houses of John
and Charles Herryman - herd A.J . Herryman state
that he would had offered the boy ( Samuel ) one
Hundred Dollars if he ( Samuel ) would let Herryman
sell him - this statement was made before Herryman
said he had sold the boy- A.J . Herryman said
he hated to sell the boy ( Samuel ) he had been with
him so long - when the boy was first brought here
by Herryman the boy was about 12 or 14 years of age-
The boy was of black color- the boy was neither
very short or heavy made nor very slender but rather
of common State- I have never seen said
boy since he was taken from here the last time

Cross Examined

Andrew J Herryman and myself were both living
in this County ( Washington , Illinois ) where the
boy was first broughtduring his first stay- I lived
about 2 1/2 miles from him during his first stay
in this State- A J Herryman and his brother James
came on a visit in 1830- brought said boy Samuel
with them- they went away the next year
after warm weather was here some 10 or 12 months -
The winter succeeding their arrival in 1830 some time in January. I think the Herrymans tried
to take the boy Samuel to Missouri but failed I
think on account of the river being impossible
I think the Herrymans came here fist in august 1830-
I think the boy was with them all the
time they were here- I do not know whether
the Herrymans and the boy was in Missouri during
their first stay in Illinois , A.J . Herryman I think
obtained no permanent residence on his first
stay but rather was here as a transitory visitor-
the Herrymans returned with the boy in the latter
part of October 1835- they left the succeeding
year in the spring or summer- they had the
same boy with them on their second visit that
they had on their first- the boy was hired out to
William Middleton at cash two weeks- I do
not know whether the boy was ever taken to
Missouri until May or June 1836 when Herryman
took him there to hire out- I do not know

this boy Samuel whom I have spoken
is the same who has nowentered suit for his
freedom- I know nothing about this boy Samuel
since he left this State in 1836- I do not know
that A.J . Herryman's mother ever claimed the
boy - A J Herryman's mother said he was property given him by his father- Herryman ought
not to sell the boy, he was property given him
by his father, I only know from what A J Herryman
said that he Herryman sold the boy
for $ 900.

Examined again

I think A.J . Herryman staid with his
brother Charles the most of his time when
his first visit home- A.J . Herryman's mother
resided in this County during A.J . Herrymans
last stay but not when on his first visit
I do not know of A.J . Herrymans mother objecting
to the negro boys staying there- A.J . Herryman said
when he came here the second time that he
came on a visit but he purchased land and
remained

Cross Examined again

Andrew J Herryman when he came the Second time to
this county for a time resided with his father in law
and I think purchased land during the fall or winter
and lived on the land before april following -

I resided from A J Herryman about the same
the second time he came that I did when he first
came

David M. Nelson

I Isaac Parlier an acting Justice of the
in and for the County of Washington Illinois
do hereby certify that David M Nelson the deponent
whose place of Residence is in the County of Washington
and State of Illinois was by me sworn
to testify the whole truth of his knowledge
the matter in controversy in the cause aforesaid
and that this deposition was reduced to
writing and subscribed by him in my presence
on the day13th day of August AD 1844 between
the hours of 8 o clock in the forenoon and
6 o clock in the afternoon at Nashville in the
County of Washington and State of Illinois
Sworn undermy hand and seal this 13th day
of August A D 1844

Isaac Parlier

On the part of the plaintiff B.M. Cox
of Lawful age bring sworn and examined
deposeth and saith Andrew J Herryman
came to this County in the fall of 1830 or 1831
I think in 1830, remained until the fall of
1832, then went off and staid from here two
or three years when he moved back and
remained here in this County ever since
Andrew J Herryman had a negro boy with
him whom he called Sam which boy came
with him on his first arrival and remained
with him generally during Herryman's
first stay when A.J . Herryman returned
here the second time the boy Sam was with
him the boy remained here generally with
Herryman until the year 1836 or the year 1837
Herryman treated took said boy as his slave and
said the boy was his, the boy was in Herryman's
employ Herryman was engaged in no
particular business was racing with and
to tradehorses The second time Herryman
came here I think he farmed a little I think
the boy was engaged on the farm and about it
I never heard any one claim this negro boy
besides Herryman . I knew Herrymans mother

She did not live in this County at the time
Herryman first came here I do not know
whether Herryman's mother lived in the County
when Herryman came here the second time
I think John Herryman's mother was here whilst
the boy was with A J Herryman ; and am
sure A.J . Herryman's father was there once during
the negro boy's stay with A J . Herryman , The
father of A.J . Herryman set up no claim to said
boy that I know of do not know for certain
that A J Herryman's father knew that the boy
was here though he and the boy staid in the
same neighborhood. I never heard of A J Herryman's
mother set up any claim to the boy
when the boy first came here I think he was
about, 14 years of age judging from his appearance
he was the only black boy Herryman had
with him whilst here to my knowledge

B.M. Cox Cross examiner

I think A J Herryman came here in the
summer or fall of 1830 I did not know A J
Herryman or this boy before they came to this
County . Herryman was in and out of this County
but generally in this County as I believe, it is my
impression that the boy was with Herryman
at times in the during his first stay
Herryman whilst here the first time
stated generally with his brother Charles , and
father in law and employed this boy about his
horses. I did not see Herryman or the boy after
he left until he returned the second time
and the witness being asked this question, to wit
did you learn from Mr Herryman whether he
resided in Missouri during his absence from here
between his first and second coming to this State
to which the plaintiff by his counsel objected
replied Herryman told me he lived in Missouri
I do not know of Herryman making any purchase
of land or attaining any permanent home
(here during his first stay). When Herryman
came the second time to this County he said
he came to stay I think Herryman did not send
the boy back immediately after purchasing
the land, I think was in the year of 1836 or 1837
that Herryman disposed of the boy I lived about
one and a half or two miles from Herryman's
farm that he purchased. I think Herryman went
on his farm in the fall Harryman disposed of
the boy after he went on his farm. I can't
say how long after going to his farm Herryman
disposed of the boy

Examined in Chief
My impression that the boy was in Missouri
with Herryman was derived from what Mr Harryman
told me

Cross Examined

Witness does not know that the boy who is
now suing for for his freedom is the same
one that was here with Herryman and
has not seen him to know him since Herryman
disposed of him

B.M.Cox

I Isaac Parlier an acting Justice
of the peace of the County of Washington
& state of Illinois do hereby certify that
B.M.Cox the deponent whose place
of residence is Clinton County and

State of Illinois was by me sworn to
testify the whole truth of his knowledge
touching the matter in controversy
in the cause aforesaid and that
his deposition was reduced to
writing and subscribed by him in
my presence on the 13th day of august
A D 1840 between the hours of
8 o'clock in the forenoon and 6 o'clock
in the afternoon of the Court House
in Nashville in the county of Washington
and State of Illinois
Given under my hand and
this 13th day of aug A.D. 1844

Isaac Parlier

Benajah Morgan being of lawful age
being sworn and examined on the part
of the plaintiff deposeth and saith -

I do not know inwhat year
A . J . Herryman came to this county but
I think it was about 12 or 14 years ago
I think he was here about one year
he went away and staid about one
or two years wont say positive he
has been living here ever since he
returned the second time. When he was
here the first time there was a negro
boy with him whom he called Sam
Herryman ordered theboy about I
herd Herryman say the boy was his - the
boy took care of horses for Herryman
Ido not know how long the boy was with
Herryman the second time. I know A J Herryman's
mother - I neverherd her claim the
negro I neverherd her of him
Cross Examination
Herryman was engageddoingin
no particular businessduring his
first stay as I know of - was racing
Horses - I dont know that he obtained
any permanentResidenceduring
his first stay When Herryman , returned
the second time, the the same boy was with him
as I believe boy was about 12 years
old I have seen the boy in Herryman's
possession after he went to his farm
as I believe Cannot say how long he
remained in his possession have not
seen the boy since he went out of his
possession I do not know this boy
to be the same who has suedfor his
freedom.

Benajah Morgan

I Isaac Parlier an acting Justice of the Peace
in and for the County of Washington and State
of Illinois : do hereby certify that Benajah -
Morgan the deponent whose place of residence
is in Clinton County and State of Illinois
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy
in the Cause aforesaid and that
his deposition was reduced to writing and
subscribed by him in my presence on the 13th
day of August AD 1844 between
of 8 o'clock in the forenoon and 6 o'clock
in the afternoon at the Court Housein Nashville
in the County of Washington and state

Of Illinois

Given under my hand and
seal this this13th day of Aug
AD 1844 Isaac Parlier

State of Illinois

Witness fees D.M. Nelson 50 B.M. Cox 2.50 B Morgon 2.50—5.50Justice fees5.00—$ 10.50

The above fees were paid by the plaintiffs
Attorney

Isaac Parlier J.P.

State of Illinois
Washington County
ss.

I Thomas H Calloway
Clerk of the County Commissioners Court
for the County of Washington aforesaid
do certify that Isaac Parlier is an
acting Justice of the Peace for said
County of Washington regularly commissioned
and qualified and as such
full faith and credit are due to
all his official acts

Given under my hand and the
seal of said Court this 13th
day of August AD 1844 Thos H Calloway Clk

Sam (a man of color)
vs
John Howdershall St Louis Circuit Court

Take notice that on the fifteenth day of January
in the year of our Lord one thousand eight
hundred and forty five between the hours of
eight in the forenoon and six in the afternoon
of that day at the office of Levi I Carr Esquire
in the city of St Louis State of Missouri depositions
will be taken by the undersigned to be
read on the trial of the above entitled case on
behalf of the plaintiff and that the takings of
said depositions if not completed on that
day will be continued from day to day until
at the same place and between the same hours
until completed

To the above named
John Howdershell
Rec'd copy 7th July 1845 Carr & Beatty
Attys for pltff
Hudson atty for
deftServe notice on the above
to the Defendant
1845
Defts atty

Depositions of witnesses produced, sworn and examined at
the offices of Levi I. Carr Esq, in the , D
to be read in and in a suit pending in the
St Louis Circuit Court , for St Louis County in the
State of Missouri , wherein Samuel (a free man
of color) is plaintiff and John Howdershell
is defendant on the part of the Plaintiff
—
Whereas Herryman of lawful age being duly
sworn on behalf of the plaintiff depeseth and
saith that he is acquainted with the plaintiff in
this case he is the same now present he was raised
by my father — his family, he remained in my father's
possession until he was twelve or fourteen years old
Some time in the year 1831 or two my father made
my brother a bill of sale to the plaintiff. My father
and in the year 1833 in July or June, between the
year 1831 and 1833 the plaintiff was in the possession
of Andrew Herryman , I know the paper
hereto marked "A" is a copy from the
records of the book of Chouteau County Missouri , to this the
defendant objected. He my father owned five slaves Ephraim Dinah
and Pete they belonged to my father in the year 1833
my owned but three when he Ephraim
Dinah & Pete , I know that Andrew Harryman
took the plaintiff to Illinois twice, the firsttime
he kept the pltf five or six months in Illinois
the next time he kept plff in Illinois between
one & two years, Andrew Herryman never
brought plff back but my father brought
him back the first time he was taken to Illinois
he was brought back & Andrew Herryman
directing my father knew of the plffs being
carried to Illinois by my brother the second
time plff was carried to Illinois was in 1831 or
1832. the plaintiff is the only negro that said
Harryman ever took to Illinois of this name with past
plaintiff

I have heard Andrew Herryman say there
he had plaintiff in Illinois , that I heard said
A Harryman say he had sold plff to Howdershall
and Herryman neverowned any negro named
Sam except the plff, Sam was born in 1820
to the above relation to the
A Harryman the deft objected,

Cross Examined, I came here as a witness
in this case at the request of the plaintiff and his Counselors There
were nopromises made that I should recover
anything for being a witness. I am friends with
Andrew Harryman but he is not with me
I am neitherdrunk nor sober this morning
I have taken only one shot of liquor to my
knowledge. I cannot tell how much I have
drunk this morning, I do not measure it
I cannot recollect whether I havedrunkliquor
more than once or not this morning, I am
not in the habit of getting drunk only occasionally
as I saw proper, the bill of sale
to Andrew Harryman from myfather was made
in 1831 or 1832 to my best recollection, I do
not know of A Herryman having a mortgage
on the plff, if I were to answer in the
he never had any such mortgage

I am with Sam the plff or any other
that is with My mother
administered on my fathersestate the Estate was
able to pay its debts, I have neverreceived
anything from said Estate. My father died in
June or July in 1833. So says my I read
the will which I think is more than
never told me what he wanted me to swear
to nor have I can toldanybody what I would
swear to only that I know Sam, to be the
same boy that my brother Andy owned

And further saith not

State of Missouri
County of St Louis
ss

I, Benjamin F.M. Kenney
a Justice of the peace within and for the county aforesaid
do certify that the deponent Thomas Harryman , was on
this day at the office of Levi I Carr Esquire the city of St Louis MO: by me firstsworn to testify the whole truth of his knowledge touching the matter in difference in the cause
aforesaid, and by consent of the counsel of the parties,
this examination was reduced to writing by Mr defendants
attorney, in my and afterwards
subscribed by said deponent in my presence - all of
which was done on this fifteenth day of January
A.D. 1845, between the hours of eight o'clock in
forenoon and five o'clock in the afternoon of said day.
And the said deposition, with exhibt(A)
to, is now therewith returned. Given under my
hand on the day and year aforesaid.

fee $ 75 cents paid by plff atty

Benj. F.M.Kenney
Justice of the Peace
St Louis County

Samuel (A man of color)
vs
John Howdershell
Deposition of Thomas Harryman

Opened and filed January 17th 1845 John Ruland Clk fee 75 by atty Carr

County of St. Louis , SS.
The State Of Missouri ,To Robert Mc O'Blenis & Joseph Neil
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 21st day of January
1845 at the City of St. Louis , then and there to
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Samuel (of Color) is
plaintiff and John Howdersell is
defendant on the part of Plaintiff
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 18th day of January
in the year of our Lord one thousand eight hundred and
forty-five. John Ruland Clerk, C. C.

Executed this writ in the County
of St Louis January the 17th 1845 by
reading it to Joseph Neil & Robt Mc O'Blenis
O the within named witnesses

fees $ 1.00 William Williamson Sheff
By James L Harris
Depty

Samuel
vs.
John Howdershell

Robt McOBlenis Jos .
Neil

fee $ 1.00

County of St. Louis , SS.
The State Of Missouri ,To Robert Mc . OBlenis & Joseph Neil
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 16th day of February
1845 at the City of St. Louis , then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Samuel (of color) is the
plaintiff and John Howdeshell is the
defendant on the part of the Plaintiff
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 10th day of February
in the year of our Lord one thousand eight hundred and
forty-five. John Ruland Clerk, C. C.

Samuel (of colour)
vs.
Howdeshell

Robt McOBlenis
Jos Neill
for plff

Executed

McMilburn Shrff Service $ 1.00 call of witness 12th

9th Circuit Court

The plaintiff excepts to the depositions of the
defendant taken on the thirtieth of December 1844 for the following reasons. 1st. No notice of the time of taking the
depositions was given.
2nd The depositions were not taken in pursuance of the notice given

Carr & Beatty Attys for pltf

Sam (a man of Color)
vs
John Howdershell

Exceptions to depositions
of defendant

Filed July 11th 1845 John Ruland Clerk

County Of St. Louis , SS.
The State Of Missouri ,To Robert Mc O Blenis and Joseph Neil
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 11th day of February
1845 at the City of St. Louis , then and there to
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Samuel (of color is)
plaintiff and John Howdeshell is
defendant on the part of the Plaintiff
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 11th day of February
in the year of our Lord one thousand eight hundred and
forty-five John Ruland Clerk, C. C.

Samuel (of Colour)
vs
John Howdeshell

Robt McOBlenis
Jos Neil Executed McMilburn Shrff Service $ 1.00

given

1st. Before the jury can find for the plaintiff in this action
they must be satisfied from the evidence
that the plaintiff was taken to the state
of Illinois & then held in service, with
the Knowledge & Consent of the person to
whom the Plaintiff then belonged -

Given

2nd That unless the jury believes from the evidence that
the person who took the plff to Illinois &
there held him in service - did so with
the Knowledge & Consent of the owner of
the Plff, they will find for the Defendant -

Samuel (of Color)
vs

Howdershell
Instructions given
by the Court
Feb. 11. 1845

Given

To entitle the plff to freedom. The jury must be
satisfied first from the evidence that his owner
removed to the State of (carrying the
Plff with him) with the view of making that State
his place of residence occasional visits of
the owner are not sufficient to constitute
him such a resident as entitles the slave to
Freedom -

Given

Such a residence as will entitle the Pltf to freedom under the law must
be with the Knowledge & Consent of
legal owner. -

Refused

The acts & declarations

The fact that the Plaintiff lived with the
Deft for a series of years without claiming
his freedom is strong evidence
to rebut the presumption of such a residence of plff in Illinois
as will entitlehim to a verdict -

Samuel (of color)
vs
Howdershell

Instructions asked
by Deft. & given

Feb. 11. 1845

in suit for freedom

We the jury in the above entitled case
find the defendant not guilty of charges alleged against
him in the declaration.

Alphens Smit
Foreman

Samuel a man of color
vs
John Howdeshell
Verdict

Verdict

In St Louis Circuit Court

The plaintiff by his attorneys comes and moves
the court to set aside the verdict and grant
a new trial in this case for the following.

Reasons.

1st The count improperly gave the instructions
asked by the defendant

2nd The Count improperly and erroneously refused
to give the instructions and each of them asked
for by the plaintiff.

3rd The count excluded proper evidence offered
by the plaintiff.

4th The count admitted improper evidence
offered by the defendant and objected to by
the plaintiff.

5th. The jury found their verdict contrary to the law & evidence

Beatty & Carr Atts for Pltf.

Sam (a man of Color
vs
John Howdershell

Motion for New Trial.

Filed July 12th 1845 Jn. Ruland Clerk

Opened & filed Jany 13th 1845
Jn. Ruland Clerk

Samuel of color
John Howdeshell
Depositions for Defendant

County Of St. Louis , SS.
The State Of Missouri ,To any Judge, Justice of the Peace, or other Judicial Officer of the State of Illinois .
Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit Court for the County of St. Louis , in the State of Missouri , wherein Sam (of color) is
plaintiff, and John Howdeshell is
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said defendant his
Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hour of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be produced
or proven, or be referred to by the witness, you are to describe the same in his examination,
or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more convenient,
such authentication and proof of your official character may be made by the certificate
and seal of the clerk of any court of record of any county of the State, District or Territory
in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, carefully
cloesd up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon,
with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this twenty third day of
December in the year of our Lord one thousand
eight hundred and forty four Jn. Ruland Clerk C. C.

Sam of Color
vs
Howdeshell
notice to take
depositions

filed

Sam of Color
vs
Houdeshed
notice to take
depositions
Blunesho filed

Depositions of a witnesse produced, sworn
and examined at my office in the County of Washington
and State of Illinois , before me the undersigned John
Williams a Justice of the Peace, in a certain cause
now pending in the St Louis County Circuit Court
State of Missouri between, Sam. of Color plaintiff
and John Howdeshell defendant on the part of the
defendant.

Milo Harryman , of lawful age, being sworn
and examined on the part of the defendant deposeth
and saith; My Father, Charles Harryman , put
a negro boy named Sam, into the hands of Andrew of
Harryman about the year 1830, or 1831 as a security
to him if he the aid Andrew J Harryman should
have to pay any debt for my father for which he
was security; I never knew, or heard of his having any
such debt to pay and I have often heard the administrator, who is my Mother, say he ever had any
such debt to pay- I never saw the negro in Illinois
I always supposed the negro boy to belong to the estate
of my Father, I lived with my Father at the time of
his death and Iheard my father say a very short time
previous to his death that Andrew need not think
that he (my father) could let him have the negro boy
Sam, that he was pretty well through his debts, and that
Andrew had not any of them to pay I have not seen
the negro Sam, since March 1835 he was then in Missouri
I do not know that he is the same negro that
has sued John Howdeshell for his freedom- I do not
know Howdeshell I consider the negro to be the property
of my father's estate

Milo

I, John Williams , a Justice of the Peace, do hereby
certify that Milo Harryman the deponent whose place
of residence is Washington County and State of Illinois
was by me sworn to testify the whole truth of his knowledge
touching the matter in controversy in the cause aforesaid
and that his deposition was reduced to writing and subscribed
by him in my presence on the thirtieth day
of December 1844 between the hours of six o clock
in the forenoon and seven o clock in the afternoon of
the same day at my office in Washington County
and State of Illinois

John Williams , a Justice of the Peace

State of Illinois
Washington County
SS.

I, Thomas H Callaway
clerk of the County Commissioners Court in and for said
County, do certify, that John William whose name is subscribed
above is and was at the date of said certificate
an acting Justice of the Peace in and for said County
regularly commissioned and qualified and as such full
faith and credit are and of right ought to be given to
all his official acts.

In testimony whereof I have hereunto subscribed
myname, and affixed the seal of said
Court, at Office, this 31st day of December -
A. D. 1844. Tho. H. Callaway Clk

Deposition of a witness produced, sworn
and examined at my office in the County of Washington
and State of Illinois before me the undersigned
John Williams a Justice of the Peace in a certain
cause now pending in the St Louis County Circuit Court
State of Missouri between Sam of color, plaintiff
and John Howdeshell defendant, on the part of the
defendant

Lydia Harryman of lawful age being sworn
and examined on the part of the defendant, deposeth
and saith. My husband died in Missouri in the
year 1833, I am administratrix of his estate- previous
to his death there was a negro boy named Sam, belonging
to my husband that was put into the hands of
Andrew J . Harryman - the reason why the negro boy
was put into his hands was that my husband was owing
certain individuals, and Andrew J . Harryman was his
security; and if he had to pay any of the debts for
which he was bound as security then the said negro
boy was to become the property of him the said Andrew
J . Harryman , and if he had not any such debts to
pay then the negro boy was to revert to my husband
He never had to pay any debt or any part thereof
for my husband to my certain knowledge. Sometime
previous to the death of my husband James Harryman
and Andrew J . Harryman , then being in the State
of Missouri stated to visit their relations living
in the State of Illinois , taking the negro boy Sam
with them, and afterwards my husband went and got
the negro boy and brought him home to Chariton
County Missouri where he then lived, and set him to
work; and he was not considered by my husband to
be the property of any body but my husbands unless
Andrew J . Harryman should have to pay the debt or
debts before mentioned all the debts, claims, and
demands that have ever been presented against
the estate have been paid and there is no demand
against the estate to my knowledge. The negro never
was set apart by me as the property of Andrew
J . Harryman , nor otherwise given, or sold to him, otherwise
than as above stated, and I never reckognised
his right to said negro. I do not know that he is the
same person who has sued John Howdeshell I do
not know Howdeshell .

Lydia Harryman
her mark

I, John Williams a Justice of the Peace
do hereby certify that Lydia Harryman , the deponent
whose place of residence is Washington County, State
of Illinois , was by me sworn to testify the whole truth
of her knowledge touching the matter in controversy
in the cause aforesaid; and that her deposition was
reduced to writing, and subscribed by her in my presence
on the Thirtieth day of December 1844 between the
hours of six o clock in the forenoon, and seven o clock
in the afternoon of the same day, at my office in Washington County and State of Illinois

John Williams , a Justice of the Peace

Depositions of witnesses, produced, sworn,
and examined at my office in the County of Washington
and State of Illinois , before me the
undersigned, John Williams a Justice of the Peace
in a certain cause now pending in the St Louis
County Circuit Court , State of Missouri between
Sam, of color, plaintiff, and John Howdeshell
defendant, on the part of the defendant.

James Harryman of lawful age, being sworn
and examined on the part of the defendant deposeth
and saith: There was a negro boy belonging to the
estate of my father Charles Harryman , named
Sam, about the age of thirteen or fourteen
years
of age that was in washington County Illinois in
the winter of 1835 that was at that time in the
possession of myself and Andrew J . Harryman
that the said negro boy was before that time delivered
to Andrew J . Harryman , by my father as a
security to indemnifyhim in case he should
be compelled to pay any debts of my father
for which he was security. I do not know whether
Andrew J . Harryman had a bill of sale on said
negro boy or not and that to my certain knowledge
Andrew J . Harryman never had any debt to
pay for my father for which he was security.
The reason why I know it is, that my Mother was
administratrix of the estate of my Father, and that
I was duly appointed by her, by power of attorney
to settle up the said estate, that I did settle up the
estate and Andrew J . Harryman had no debt to
pay for my Father and after the estate was settled
I got the said negro boy
from Andrew J . Harryman which was in February
of 1836, and took the said negro boy to St Louis , with
the intention of taking him down the River to sell
him- that Andrew J . Harryman was at that time
in Washington County Illinois on a visit, and he
went with me to St Louis at the time I started with
said negro boy and that after we got to St Louis I concluded
not to sell said negro boy, and left himwith
Andrew J . Harryman to be hired out to labor by him
I never have seen said negro boy since that time, and
I do not know that the man of color named Sam who
has sued John Houdeshell for his freedom is the same
negro that I left with Andrew J . Harryman , I do not
know Houdeshell

James Harryman

I, John Williams a Justice of the Peace; do hereby certify
that James Harryman , the deponent whose place of residence
is Washington County in the State of Illinois
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy in the cause
aforesaid, and that his deposition was reduced to
writing, and subscribed by him in my presence
on the 30th December 1844 between the hours
of six oclock in the forenoon and seven oclock
in the afternoon of the same day at my office in
Washington County in the State of Illinois

John Williams a Justice of the
Peace in Washington County Illinois

Pleasant Rollings of Lawful age being sworn
and Examined on the part of the defendant deposeth
and saith that he does not know that A J Harryman
Ever had a negro boy by the name of Sam in the
State of Illinois but that he did know of the Harryman
family in the state of Missouri having a negro by the
name of Sam I have heard matters Harryman of
Missouri and others of the heirs of Charles Harryman
deceased say that the negro boy Sam did not belong
to A. J . Harryman I was acquainted with the family
of Charles Harryman that did live in the state of
Missouri both before and after the death of said
Harryman , and from the circumstances that I was
knowing to at that time I did not believe that the title
to the said negro boy Sam was in A. J . Harryman

Pleasant Rollings

I John Williams a Justice of the Peace do hereby
certify that Pleasant Rollings the deponent whose
place of residence is in Washington County State of Illinois
was by me sworn to testify the whole truth of his knowledge
touching the matter in controversy in the cause aforesaid
and that his deposition was reduced to writing
and subscribed by him in my presence on the 31st day of
December 1844 between the hours of six oclock in the
fore noon and seven oclock in the afternoon of the
same day at my office in Washington County and
State of Illinois John Williams a Justice of the Peace

In St. Louis Circuit Court

Samuel the plaintiff in this suit being sworn
says that this appeal is not made forvexation
or delay but because the affiant believes that
he isagrieved by the judgment of the
court.

Samuel his markSum to this
17 day of July 1845 John Ruland Clerk

Sam a man of colorvs
John Howdeshell

afft for appeal

Filed July 17th 1845 John Ruland Clerk

In Circuit Court

The plaintiff by his counsell comes and
moves the court to grant an appeal
in this case

Carr Beatty Atty for pltff.

Samuel (a man of Color
vs
John Howdershall

motion to Count to
grant an appeal

Filed 19th February 1845 Jn. Ruland Clk16p39

Be it remembered that on the trial of this
cause the plaintiff by his attorney offered in evidence
the following depositions (here insent all of plaintiffs
depositions) which were all admitted with the
exception of such parts of the same as refered
to statements made by Andrew J Harryman .
&after the plaintiff had concluded his case
the defendant offered in evidence the following
depositions (here insent copy of defendants depositions
to the reception of which the plaintiff by his
counselobjectedon account of the interest
of the witnesses which objection the count
overruled and admitted the said depositions
in evidence and the plaintiff then tookhis
exception to the said ruling of the court.
It was admitted that Harryman the on behalf of plff was drunkwhen he testifiedhis deposition
& after the cause was submitted to the jury
the plaintiff requested the court to give the
following instructions (here insert instructions
asked by plaintiff) which the court refusedto
give and gave the following instead hereinserttheinstructions given by the court in lieu of those asked by plaintiff to which
refusal and giving other instructions the
plaintiff by his counsel excepted. The defendant
also by his counsel requested the court to
give the following instructions
(here insert instructions asked by defendant
which the court gave and the plaintiff then and
there excepted to the said ruling of the court.
After the verdict of the jury and within four
days after the rendering the same the
plaintiff a motion and reasons for a
new trial in the following words (here insert
motions and reasons for new trial) which motion

the courtoverruled and the plaintiff took
his exception. Afterwards during the continuance
of the same term the plaintiff filed a motion
and affidavit for an appeal in the following
words (here insert the motion and affidavit
for appeal) which motion the court overruled
and the plaintiff took his exception. And afterwards
the plaintiff the to sign
this bill of exceptions which is done

John

Samuel (of color)
vs
John Howdeshell

Motion for

Bill of Exceptions
Carr & Beatty atty
for plff

Filed March 25th 1845 Jn Ruland Clk

Given

1. If the jury believe from the evidence
that the plaintiff was only temporarily
kept in Illinois , and hereby as the servant
to a transient visitor that he did not
thereof acquire a right to his freedom

Given

2. That if the jury believe from testimoney
that the plff was taken to Illinois &
There detained without the knowlege or counsel
of the owner that the plff did not
by reason of being kept these acquire
a right to his freedom - the
verdict should be for deft-

Refused

It was not for Andrew H Harryman
to have taken up a permanent residence
in Illinois to entitle the plaintiff to a verdict
in this case if he the plaintiff was actually held
in slavery in Illinois by Herryman

The city of St Louis
vs
Elliot Lee , John B .
& Theodore Labeaume

In the St Louis Circuit
Court : November. 1844

Motion for continuance overruled.
Allen the declaration; bond and served
from the County Court ;

Refused

1st If the jury believe from the testimony that
Andrew J Harryman carried the plaintiff
to the state of Illinois and there heldhim in slavery in violation of the
laws of that state and that the defendant
claims the plaintiff and holds him as a slave
by purchase under the said Herryman
then they must find for the plaintiff

Given

2nd If the jury believe that the plaintiff
was held in Slavery in the state of Illinois
with the knowledge & consent of his owner they must find for the plaintiff.

Refused

3rd If the jury believe the defendant purchased
the plaintiff from Andrew J Herryman
then the acts of Herryman in violation of the laws
of Illinois entitle the plaintiff to his freedom
as against the defendant

Given

If the plaintiff was held in slavery in Illinois
in violation of the laws of that state with
the knowledge & consent of his ownerthen he is entitled to a
verdict in this case

Samuel (of Color)
vs
Howdershell
Instructions of Shff.