Frances Collard being duly
sworn deposth and saith that some time about
the year seventeen hundred and ninety fourof five this
deponent knew Phebe Pruitt then the wife one
John Whiterides living in the then Territory of
Louisiana at a place called Whiteside Station that
the said John Whiterides and Phebe then had
with them a negro girl named Winney whom
they had had living with them as in slave for
several years- that the said Whiteside , about
that time removed to the Western side of the
Mississippi , taking with them as the deponent the said negro girl
that about thirteen years ago the deponent also removed
to the west side of the Mississippi where she found
the said Phebe (her husband being dead) residency with
a negro women named Winney whom she still
held as a slave that she has heard the said Phebe
acknowledge that the negro woman Winney whom
she now holds as a slave is the same Winney
she hed in the Louisiana Territory. and the said Phebe
in argument with then deponent that the said
Winney could not be free inasmuch as she was
under age when brought away.

Francis her X mark Callard
Sworn to and subscribed before me Clerk of the Circuit
Court this eighth of June 1818 A Gamble clerk

affidavit

Superior Court N. C.
March Term 1819.

Narr in
Trespass &c

This is an action of
trespass and false
imprisonment-Dam-
age $500.

Let a summons issue
J. Barton & Geyer

In the superior court northern circuit
March Term 1819.

County of S Louis court; Winny a free
woman held in slavery and who is per
mitted by the court to sue as a poor
person by J Barton and Henry S Geyer
her attornies assigned as counsel by the
said court complains of Phebe Whiteside
alias Pruitt of a plea of trespass-for
that the said Phebe heretofore wo wit: on
the first day of - January in the year
of our Lord one thousand eight hun-
dred and fifteen with force and arms
at the county aforesaid unlawfully an
assault did make in and upon her the
said Winney and then and then beat
bruised and ill treated her the said
Winney . and then and there imprisoned
her the said Winney and kept and de-
tained her in prison without any lawful
cause whatsoever and hath ever since
kept and detained and still doth keep

and detain her in prison against the
will of the said Winny and contrary
to the laws of this Territory - and other
wrongs to her then and there did a-
gainst the peace of the united states
of america and to the damage of
the said Winny five hundred dollars
and therefore she sues

J Barton & Geyer atts

Territory of Missouri
Northern Circuit the United States of America to the Sheriff of the County of St Louis Greeting -

You are commanded that you summon Phebe Whitesides alias Phebe Pruitt that she be and appear
before the judges of our Superior Court of our territory of Missouri at our said superiorCourt to be held in and for
the said territory in the Northern Circuit of the said territory at the Town of St Louis on the fourth monday of
march next then and there in our court before our judges to answer unto Winny a free woman
held in slavery in a plea of Trespass 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 Silas Bent Esquire Presiding judge, of our said arrest at St
Louis this fourteenth day of december in the year of our lord one thousand and eight hundred
and eighteen and of our independance the forty third -J. C. Turner clk S. C. N. C.

Served this writ
9 February 1819 by read
ing it to the defendant
at the house of Wm
Musick Bonhomme
Township

Service$. 81travel1.802.61

No 190
Superior Court Northern Circuit
March Term 1819

Summons
Trespass
asst & By
&
false imprisonment
Damage $500

This is an action brought to
recover the freedom of the
petitioner or plaintiff together
with damages for her

Filed april 26th 1819
J. C. Turner clk
of the following
$10.40
J Barton & Geyer attys

No 5
Sup Court Northern Circuit
March Term 1819.

petition of Winny
to sue freedom free dom

June Term 1818dismissed
$135

Superior Court Northern Circuit
Sept term 1819 -

Replication

And the said Winney saith she ought not
to be barred and precluded from having and maintaining
her aforesaid action by reason of any thing by the said
Phebe above in the said plea alleged because she
saith that at the said time when she was not the
slave of the said Phebe , as the said Phebe has above
in her said plea alleged, and this she prays
may be - And
said

Replication -

Same as in the above case

J Barton

Replication

Same as in the above case

J Barton

Replication -

Same as in the above case

J Barton

Replications

Superior Court for the Northern Circuit

St Louis county Phebe Pruitt
the defendant in these several causes
being duly sworn says that she has
a material witness, absent from
the county of St Louis whose
not at
this term. That the said witness
removed some years ago from the
county of St Louis up the river Mis-
souri but to what particular place
this deponent does not know she
has no doubt but that
she shall be able to discard his place
of residence and proven his testi-
mony at the next term of this Court
this deponent did not know, untill a very few
days ago, that, the said witness was material
for her and not untill it was too late to
his attendance at this court. this deponent
knows of no other witness by whom she
can prove the same facts which she expects
to prove by the said witness. This deponent
cannot name the said witness then but she has
the means of ascertaining his name at home

The said deponent expects to prove by the
said witness that at the time the said Winny
was held as a slave in Illinois by John Whitesides
the then husband of this deponent, as stated by
the said Winny in her petition, that she was
not the property of the said John Whitesides
but belonged to the children of this deponent
by gift from their grand father,
and that the said children were then
infants. But that this deponent was to have
the use of the said slave, during the life of
this deponent, And further this deponent saith not -

Phebe Pruitt her X mark
Sworn to & Subscribed this
22nd april 1820 before before meJ. C. Turner

Territory Of Missouri ,
Northern Circuit.ss.
The United States of America to Isaac
Coteau Greeting.

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court of our terri-
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St. Louis , on the twenty eighth
day of April being the fifth day of the April term of our said court,
to testify and the truth to tell in a certain case then and there to be tried, and wherein Winny
a free woman of color is plaintiff and Phebe
is defendant on the part of the
said defendant and from day to day
until duly discharged by the court, and not depart the said court without the leave thereof—and
of this fail not at your peril, and our sheriff of our county of St Louis is hereby
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.

Witness the Honorable Silas Bent
Esquire presiding judge of our said court this twenty sixth day of
April in the year of our Lord one thousand eight hundred
and twenty and of our independence the forty fourth
J. B. Turnerclk

I acknowledge the

Superior Court
April Term 1820

woman
Subpoena

28th April Isaac Coteau

State of Missouri ,
County of St. Louis , sct.To the Sheriff of St. Louis county-Greeting.

You are hereby commanded to summon Ephraim Musick and Thomas R
Musick
that setting aside all manner of excuse and delay they be and appear in proper person before the Judege of our circuit
court on the 5th day of September at the town 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 Winny a free
girl is plaintiff,
and Phebe Whitesides alias Pruitt is defendant on the part of
the Defendant and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 13th day of August in the
year of our Lord, one thousand eight hundred twenty one
A. Gamble Clerk, St. L . C.C.

Served this writ
on Thom R Musick
on the 21st
August 1821
Ephraim Musick
not found in
this county

E. F. Brown D shff

1 service33non est5090$1. 731.501.002.60.757.58

St. Louis Circuit Court
August Term 1821

sub

for thomas R Musick
Ephraim Musick

for defendant
5 Septr 1821

County of St. Louis , Sct.The State of Missouri ,To the Sheriff of St. Louis County—Greeting.

You are hereby commanded to summon Ephraim Musick Thomas R Musick
and Elisha Herrington
that setting aside all manner of excuse and delay they be and appear in proper person before the
Judge of our Circuit Court , on the 7th day of Febrynext at the town 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 Winny (a woman of colour) is
plaintiff, and Phebe Whitesides is
defendant on the part of the Defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the town of St. Louis , this 26th day of January
in the year of our Lord, one thousand eight hundred and twenty two,
A. Gamble Clerk, St. L . C.C.

served this writ
on Thomas R
Musick on the
29th January
1822 — the others
not found in my
county

E. F. Brown Dshff

service502 non Ests1001.50

St Louis Circuit court
February Term 1822

sub

For E Musick, Thomas
R Musick & E Herrington

For defendant
Febry 7th

Reason for setting
aside proceedings-

Because the defendant not at the
time of commencement of this suit
claim the plaintiff as a slave, nor has
she at any time since claimed her
as a slave.

Spalding for
Pettibone

Reasons for setting
aside proceedings

Filed Febry 6th
1822
A Gamble

County of St. Louis

Thomas R Musick being sworn saith that
about eight years from this time
this deponent drew an instrument in
writing for the above defendant and her hus-
band fields Pruitt , by which conveyance they the
said Phebe and Fields conveyed all their interest
in the said Winnie to the children of the
said Phebe : This deponent further says that
a few days thereafter the said Phebe and Fields
separated from each other and the said Phebe
quit house keeping and has even since that time
living among her children from house to house without
claiming any interest in the said Winne that
the said Phebe has since that time claimed no
place of residence, but has resided sometimes with
one of her children and sometimes with
another: that the children of the said Phebe possess
the said black woman Winne and have possessed
her since the time of said conveyance and claimed
her as their property: and that the said Winne has
never since about the time of the said
conveyance been possessed or claimed as a slave
by the said Phebe . This deponent further says that
he was a near neighbor to said Phebe for a long
time before the said conveyance and intimately
acquainted with her and her children and knows
the plaintiff Winne and has known Winne

for at least eighteen years, and further saith
not

Sworn before me
this 7th Feby 1822.
in open courtTho P Musick A Gamble Clerk

Filed Febry 7th 1822

A Gamble Clerk

County of St. Louis , Sct.The State Of Missouri ,To the Sheriff of S Louis County—Greeting.

You are hereby commanded to summon Francis Callard Tho Withington
that setting aside all all manner of excuse and delay they be and appear in proper person before
the Judge of our circuit court, on the 12th day of February at the town 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 Winny a women of colour is
plaintiff, and Phebe Whitesides is
defendant on the part of the plaintiff and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at the
town of St. Louis , this 5th day of February
in the year of our Lord, one thousand eight hundred & 22
A Gamble Clerk, St. L . C.C.

Served this writ
on Thos Withington
on the 8th February
1822 by reading
it to him at his place
of residence in St
Ferdinand town
ships- on Francis
Callard on the 9
thFeb 1822 at
Wm Pattersons in
township

Jn K Walker
fees $1.00

for

Thos Withington

for plaintiff
Tuesday 12th

F Callard at
Patterson's

St. Louis Circuit Court

February Term 1822

On the trial of this suit it was
proved on the part of the plaintiff that the said de-
fendant with her then husband resided in the present
state of Illinois between twenty and thirty years since
during the space of three or four years : and that du-
ring the said three or four years they held the said
Winne in servitude as their slave, having brought
her the said Winne with them from Carolina , that
at the end of the time last above mentioned, the said
Phebe with her said husband removed to the now
state of missouri: and that the said Winne was then
and for years afterwards there held as third slave.
The Counsel for the defendant then required the
Court to instruct the Jury that a residence in
Illinois as above mentioned did not render the
said Winne free under and in virtue of the
ordinance of congress for 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 ; and also that the law did not authorise the
recovery of more than nominal damages in this action by the plaintiff

which instructions the Court refused; but charged 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 & her then
husband resided there within intent to make the territory the home of themselves and of the
said Winne . and that said Winne was entitled to dama-
ges in this form of action on the same principles
that any other plaintiff might recover in an action of
false imprisonment. To
these opinions of the Court delivered to the Jury
the Counsel for the defendant excepted & prayed
the Court to sign and seal a bill of exceptions
taken thereof which is done accordingly in
open court this 15th day of February in the
year one thousand eight hundred and twenty two

N. B . Tucker

St Louis Circuit Court

Bill of Exceptions

Filed February 15th 1822
A Gamble Clerk

And the said Defendant by
Pettibone her attorney comes & defends the
wrong & injury when &c and as to the
assaulting, beating, bruising, illtreating
& imprisoning the said plaintiff as in her
said declaration mentioned the said
defendant says that the said plaintiff
ought not to have or maintain her afore-
said action thereof against her because
she says that before and at the said
time when go in the said declaration
mentioned to wit at the place & within
the jurisdiction aforesaid the said plaintiff
was & still is the slave of her the said
Defendant. Whereupon the said Defendant
did beat imprison the said plaintiff so
being the slave of her the said defendant
so she lawfully might do; which on the
said said several supposed trespasses whereof the
said plaintiff hath above thereof complained
against her and this she is ready to verify
whereupon he prays judgment -

R Pettibone atty for deft-

The same plea as above

The same plea as within

R Pettibone atty
for deft

The like plea as within

R Pettibone atty
for Deft

We the Jury find for the plaintiff
And Damages to the amount of one hundred
fifty seven dollars fifty cents.

John Simonds
foreman

To the Honorable the judges of the superior
court in the northern circuit now telling
in the county of S Louis for said circuit.

The petition of Winney a black
woman who petition for herself and for
the following named persons who are her
children under the age of twenty one
years humbly showith

That about the year seventeen hundred
and ninety five she was carried from Kentucky & held as a slave
in the territory of Indiana by one John Whitesides
and Phebe his wife. That she lived then with
them several years when the said Whitesides
removed to this territory with him
your petitioner where she has been held
as a slave ever since that since she has
been living in this territory she has had
the following children to wit; Jerry, Daniel
Jenny, Nancy, Lydea Sarah, Hannah
Louis and Malinda , and your petitioner
is informed that by reason of having been
held in she and her children born
since are free.

And your petitioner further showith
that she and her children. Hannah
Lewis and Malinda are now claimed as
slaves by Phebe Pruitt that Jerry is claimed
as a slave by the of Thomas
Whitesides deceased, Daniel by John

Whitesides Jenny by Robert Musick Nancy
by Isaac Lydia by John Butler
and Sarah by Michael Halton .

Wherefore your petitioner prays that such
order as the law directs may be made to enable
her to sue for her freedom and as next friend
to each of her said children to sue for their
freedom.

And Winne her X mark
Witness present
Peter Ellis