Territory of Missouri
Northern Circuit St.
The United States of America to the Sheriff of the
County of St Louis Greeting
You are Commanded that Your Summon Phebe Whitesides , also
Pruitt that She be and appear before the judges of our superior
Court ofour Territory of Missouri , at our said superior arrest to be
held in and for the further Circuit of the said Territory at the
Town of the St. Louis , on the fourth monday in March meeting than and
there in our said Court, before the Judge of our said court, to
answer unto Hannah a free girl held in slavery, in a plea
of trespass, assault & Battery and false imprisonment to her
damage five hundred dollars - and have you then and there
this writ and certify to our fair court how you
the same
Service this writ
9th February by read
ing it to the defendt
at the house of Mrs
Musick Bonhimme Tow-
nship.
J. K. Walker
Diff
Service $.80
Travel 36 ms
1.80
2.60
No. 197
April 1821 Superior Court
March Term 1819
Hannah a free girl
vs
Phebe Whitesides alias Pruit
Summary
narr. in
imprisionment
This is an action trespass
& false imprisonment. Dam
age 500
Let a summons issue
J. Barton & Geyer
filed April 9th 1819
St Louis Circuit Court
Febry Term 1822
vs
Phebe Whitesides
In the trial of this cause it was
proved on the part of the plaintiff that one Winne
mother of the said plaintiff was carried into the
now state of Illinois between twenty and thirty years
since by the said defendant and her husband when
and where the said Winne was by them held in slave-
ry during the space of three or four years: that at
the end of said time of three or four years the said
Phebe with her said husband removed to the now
state of Missouri carrying the said Winne with
them in which last mentioned place the said Winne
has been held in slavery ever since such re-
moval: and that said plaintiff was born after
such residence in Illinois of said Winne as afore
said The counsel for the defendant then required the
court to instruct the jury that a residence in the then
north west territory (now Illinois ) as above mentioned
did not render the said Winne free under and in
virtue of the ordinance of Congress of the year one
thousand seven hundred and eighty seven for the
government of the territory of the united states north
west of the river shio which instruction the
court refused hub changed the jury that said ordi-
nance did in law set the said Winne free if it
should appear to the satisfaction of the jury that the
said defendant and her then husband resided there
(in Illinois ) with intent to make that territory the
home of themselves and of the said Winne and that
the said plaintiff wasentitled To this opinion of the
court delivered to the jury the counsel for the defendant
excepted and prayed the court to sign and seal a
bill of exceptions taken thereto which is done ac-
cordingly in open court this tenth day of
March in the year one thousand eight hun-
dred and twenty two
N. B. Tucker
St Louis Circuit Court
Hannah free girlvs.
Phebe whitesides
Bill of exception
Petitione and spalding
In the Superior Court . Northern Circuit
March Term 1819
County of S Louis , Hannah a free
girl held in slavery and who is permitted by the
Court to sue as a poor person by J Barton
and Henry S. Geyer her assigned as counsel
by the said Court complains of Phebe Whitesides
alias Pruitt of a place of her trespass. For
that the said Phebe heretofore traveled in the
first day of January in the year of our
Lord one thousand eight hundred and fifteen
with force and arms at the County aforesaid
unlawfully an assault did make in and
upon her the said Hannah and then
and there did beat wound and ill treat
her the said Hannah and then and
there imprisoned her the said Hannah
and kept and detained her in prison
without any lawful cause whatsoever
and has ever since kept and detain and
still doth keep and detain her in
prison against the will of the said
Hannah and contrary to the cause of
this Territory. And other wrongs to her then
and there did against the peace of
the United States of America , and to the damage of the said Hannah five
hundred dollars, and therefore she sues
Barton & Geyer
for plff