Territory of Missouri
Northern circuitThe United States of America to the sheriff of the
County of St. Louis Greeting

You are Commanded that you summon Charles Hatton that he be
and appear before the judges of the superior Court of the Territory of Missouri
at our said superior Court to be held in and for the said Territory at
the Townof St. Louis in and for the
of March next, then and there in our said Court before our judges to
answer into Jerry a free boy held in slavery in a plea of
trespassassault & battery and false imprisonment to
the damage of the said Jerry five hundred dollars and
have you then and there this writ and certify to our
said court you execute the same —

Witness the Honrable Silas Bent EsquirePresiding
Judge of our said court at St Louis this fourteenth day
of December in the year of our Lord one thousand and
eight hundred and eighteen and of our Independence the
forty third. I. C. Parmer S. C. N. C.

Served this writ
23rd February 1819
by reading it to
the defendant at his
place of residence
St Ferdinand Town
ship J R Walker
Shff

service .80 ct
travel 1.50
$2.30

filed April 26th 1879

No. 195 April 1821
superior Court N. 6
March term 1819

Summons

Jerry a free man
vs
Charles Hatton
Trespass and

This is an action
of trespassandfalse
imprisonment
damage $5.00
on which the clerk
with issuedsum-
mons to the sheriff
St Louis City.

J. Barton and Geyer

Superior Court
Northern CircuitApril Term
1879.

And the said defendant by the
Pettibone his attorney comes & defends the
wrong & injury when and as to the
assaulting, beating, bruising, ill treating,
and imprisoning and keeping in prison
the said plaintiffs, as in his said declaration
mentioned, the said defendant says that
the said plaintiff ought not to have & main
tain his aforesaid action thereof against
him because he says, that before and at
the said him when & in the said decla-
ration mentioned, to writ, at the place &
within the jurisdiction aforesaid the said
plaintiff was and still is the slave of him
the said defendant wherefore the said defen
dant at the said time when did beat, in
prison & detain in prison, the said plaintiff
so being the slaves of him the said defen
dant, as the lawfully might do which
are the same several supposed trespasses
whereof the said plaintiff hath above
thereof complained against him. And
this he is ready to verify. Wherefore
he prays judgment go.

R Pettibone atty
for Deft

And the said Jerry saith he ought
not to be barred or precluded from
maintaining his action aforesaid by
reason of anything by the said Charles
Hatton above in his said plea alledged
because he saith that at the said
time when in the said plea men
tioned he was & is not the slave of
the said Charles in manner and form
as the said Charles has in his said
plea alledged and this the said
Jerry prays may be inquired of
by the Country and the defend
ant taken .

Barton
for plff.

Charles Hatton
ads
Jerry .

Plea - Replica
tion .

filed June 20th 1879J. C.

St. Louis Circuit Court Febry Term 1822,

On the trial of this cause it was proved
on the part of the plaintiff that one Winne mother
at the said plaintiff was carried into the now State of
Illinois between twenty and thirty years ago by one Phebe
Whitesides alias Pruitt and her husband when and where
the said Winne was by them held in slavery during
the space of three or four years: that at the end of the
said time of three or four years the said Phebe with
her said husband removed to the now State of Mis
souri and that the said Winne was there and for years
afterwards claimed and held as their slave there and is
still held as a slave. 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 Ohio , and also that the law
did not authorize the recovery of more than nominal
damages in this action by the plaintiff which instruc
tions the Court refused but charged the jury that
said Ordinance did in law act the said Winne free
if it should appear to the satisfaction of the Jury
that the said Phebe and her husband resided in Illi
nois with intent to make that (then) territory the
home of themselves and of the said Winne ; and that
the said plaintiff was entitled to damages in this form
of action on the same principles that any other plain
tiff might recover in an action of false impris
onment. To these opinions of the Court delivered to the
Jury the Counsel for the defendant excepted and
prayed the Court to sign and seal a bill of excep
tions taken thereto which is done accordingly in
open Court this tenth day of March in the year
one thousand eight hundred and twenty two.

N. B. Tucker

St. Louis Circuit Court

Jerry free man
vs.
Charles Hatton

Bill of exceptions

Pettibone &
Spalding Atty

Superior Court Northern Circuit
March Term 1819

County of the Louis to writ; Jerry a
free Boy held in slavery and who is
permitted by the court to sue as a poor
person by and Henry S. Geyer
his attornies assigned a Counsel by the
Court aforesaid complains of Charles
Hatton of a plea of trespass - For that
the said Charles heretofore. to writ; on the first day of January in the
year of our Lord one thousand
eight hundred and fifteen
with force and arms at the
County aforesaid unlawfully an
assault did make in and
upon the said Jerry and then
and there beatbruised and
ill treated him the said
Jerry and then and there imprison-
ed him the said Jerry and
kept and detained him
in prison without any reasonable
or probable cause whatsoever; and
has ever since kept and still
doth keep and detain him in
prison against the will of him
the said Jerry ; and contrary to
the laws of this Territory and other
wrongs to the said Jerry there
and there did against the
peace of the United States
of America and to the damage
of the said Jerry five hundred
dollars and therefore he
sues.

J. Barton & atts.