Territory of Missouri
County of St Louis

August Term
of the Circuit Court

Winny a woman of colour by James
H Peck her attorney complains of
of a plea of trespass for
said Samuel on the first day of April
year of our Lord one thousand eight hundred
and, twenty with force and arms made
an assault upon the said Winny , to writ at st
Louis in the county aforesaid and then and there
seized and took hold of the said Winny and
her the said Winny kept and detained for a
long space of time to writ for the space of
five days than next following and also then
and there forced and compelled the said
Winny to labour and perform menial
services for persons and then and there
imprisoned the said Winny and kept and
detained her in prisonwithout any reasonable
or probable cause for a long space of time
to writ the space of the five days last aforesaid
contrary to the statute in that case made and
provided and against the will of the said
Winny , whereby the said Winny was not only
prevented from pursuing her necessarybusiness
but was also otherwise thereby
fied and injured to writ at St Louis in the
county aforesaid and also for that the said
on the second day of april in the year
of our Lord one thousand eight hundred and
with force and arms made an assault
the said Winny to writ at St Louis in the
aforesaid and then and there beat bruised
and ill treated the said Winny and then and there
the said Winny and kept and
detained her in prison without any reasonable
or probable cause what soever for a long
space of time to writ for the space of nine days
then next following contrary to the laws of this
territory and against the will of the said Winny
and other wrongs to the said Winny then and
there did, to the great damage of the said
Winny and against the Peace of the United
States of America wherefore the said Win
ney saith the is injured and hath sustained
damage to the amount of one thousand
dollars and therefore she sues

James H Beck
att. for Plff

No. 70 August 9 1820

Winny - & woman of colour
vs
Samuel Donner

This is an action
of trespass with
force and arms
let a sum
mons issue
Peck att for plff

filed May 27th 1820 A Gamble clk.
Executed
90 cts

executed this writ on Samuel Donner by
within writ he & petition to him in the Town
of St Louis 3rd June 1820

Issac C McGirk
D . Shffsservice & travel
90 ets

of Missouri of the United States of America to
of St Louis the sheriff of St. Louis county greeting.

We command you to summon Samuel
if he be found in your County that he
appears before the judge of our circuit
at the next term thereof to be held at the St Louis within and for the county of
St. Louis on the first Monday in August next then
and there to answer unto Winny a woman of colour
of a plea of trespass to the damage of the said
plaintiff One Thousand Dollars and have you then there
this writ

Witness Archibald Gamble clerk of
our said court at office this 27th
day of May Eighteen Hundred &
Twenty and of our Independence the
forty fourth - Archibald Gamble
by John C. Long DClk

To the Honorable the circuit found
of the Northern Circuit Setting for the
county of St Louis .

The Petition of Winny a woman
a woman of colour humbly represents that
on the twenty first day of October in the year
of our Lord One thousand eight hundred and
seventeen she was the property of a certain
JenningBeckweth and by him at that date
owned as a slave. That at the said date in
the Town and County of St. Louis (Where the
said Beckweth then lived and held your
Petitioner as aforesaid) a certain conversa-
tion was had and moved by and between
the said Jennings and a certain Samuel
Donner concerning the emancipation
of your Petitioner when i was then and there
agreed by and between the said Jennings and
Samuel that for and in consideration of the
sum of three hundred dollars by the said
Samuel paid to the said Jennings and for
and in consideration that it was the desire
and intention of the said Jennings that
your Petitioner should be emancipated
at such time and on the fulfilment of the
condition herein after mentioned on the be
half of your Petitioner that is to say when
your Petitioner should pay to the said Sam
uel Donner the sum of three hundred
and fifty dollars by her work and labour or
earning the same for the said Samuel by facing
or otherwise, that then your Petitioner
should be free and emancipated. and your
Petitioner States for the consideration aforesaid
and with the intention aforesaid as will more
freely appear by an indenture between the said
parties under their hands and seals containing
the stipulating and covenants to the effect aforesaid a
copy of which is here to the court produced
and desired to be taken as a part of this Peti
tion. your Petitioner was transferred and the
possession of the said Samuel Donner and
your Petitioner states that since she has been
So transferred she has paid the said Donner
a large amount of money and has also earn
ed by her work and labour as a hired servant
by the said Donner a large amount of money
to and for the use of the said Donner and
by him actually received and your Petitioner
expressly states that the amount of money
by her paid to the said Donner (as apart of
the amount in the said indenture mentioned
by her to be paid to the said Donner and the
amount by the said Donner received for her
work and labour as a hired servant as a
foresaid since the said transfer makes in
the whole considerably more than the said
sum of three hundred dollars the sum to the paid
before her emancipation as in the said
indenture is specified and your Petitioner
humbly insists that she according to the

tentrain of the said indenture is intended
to her freedom yet your Petitioner states
the said Samuel the Promises not with-
standing (he well knowing the same said
retains and keeps her as a slave and refuses
to allow her for freedom your Petitioner
therefore prays that she may be permitted
to sue as a poor person to obtain her freedom
and your Peitioner will ever pray

Winny
by her agent
James

Petition
Winny vs
Samuel Donner

filed Augt.18th 1820
A Gamble Clk

Circuit Court
August Term 1820-

and the Samuel Donner by his attor
ney comes and defends the force and
injury when and says, that he is
not guilty of the said supposed
trespass above said to his charge or
any part thereof in manner and from
as the said Winney hath above thereof
complained against him and of this
he the said Samuel Donner puts him
self upon the country se

M. McGirk att for
Deft

Samuel Donner
ads
Winney a woman
Of colour-
Plea

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

You are hereby commanded to summon John Bothick
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on the ninth day of January 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 Winney
is plaintiff,
and Saml Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 21st day of Dec in the
year of our Lord, one thousand eight hundred & twenty day of
A Gamble Clerk, St. L . C.C.

Winny
vs
Donner

for John Bothick
for plaintiffJanuary 9th

John Bothick
not found

John K. Walker
Deft
non est. 50 cts.

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

You are hereby commanded to summon Barbara Shope Nancy Brazier
Thomas Williams Jesse Creighton 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 ninth day of January 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 Winney
vs plaintiff,
and Samuel Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 21st day of Decr in the
year of our Lord, one thousand eight hundred & twenty A Gamble Clerk, St. L . C.C.

Winny
vs
Donner

for
B Shope
N Brazier
Thos Williams
Jesse Creighton
for plaintiffJanuary 9th

not served in con-
sequence of the
sudden adjourn-
ment of the court

John K Walker
DShff 4 non est $2

State Of Missouri ,
County of st. Louis, sct.To the Sheriff of St Louis country—Greeting.

You are hereby commanded to summon Mathias McGirk Kusucker
Mary Paddock senr H Cozins
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 ninth day of January 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
is plaintiff,
and Saml Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 21st day of Decr in the
year of our Lord, one thousand eight hundred & twenty A Gamble Clerk, St. L . C.C.

Winny
vs
Donner

for
Mathias McGirk
Kusucker
Mary Paddock an
H Cozens
for plainffJanuary 9th

not served in
consequence of
the sudden
adjournment
of court 26th
Dec. 1820

John K. Walker
DShff
4 non est. 2.E

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

You are hereby commanded to summon B Shope N Brazier Thomas
Willams Jesse Creighton 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 Eighteenth day of April 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
is plaintiff,
and Saml Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 8th day of January in the
year of our Lord, one thousand eight hundred & twenty one day of A Gamble Clerk, St. L . C.C.

Served this writ
Barb
ara Shope
(alias Collins )
on the 2nd Febry
on Thomas Williams
the 21st Feb
in the Town of
Bon homme
Jesse Creighton
& N. Brazier
not found

J K Walker
DShff term 6.6
2 non est 0-0
travel 5-0
$3.26

Winny
vs
Saml Donner

for
B Shope
N Brazier
Thos Williams
Jesse Creighton
for plaintiffApril 28th

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

You are hereby commanded to summon Mathias McGirk Kusucker
Mary Paddock Senr,
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of circuit
court on the 18th day of April 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
is plantiff,
and Donner is defendant on the part of
the plantiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 8th day of January in the
year of our Lord, one thousand eight hundred & twenty one day of A Gamble Clerk, St. L . C.C.

Served this writ
On Kusucker

Winney
vs
Donner

Mathias McGirk
Kusucker
Mary Paddock Senr
Horatio Cozens for plantiffApril 18th

Served this writ on
Horatio Cozens
On the 8th day February 1821 and
on
on the 12th July 1821. And on Mary
Paddock senr 18th Apr 1821
by delivering her a copy hereof at her
residence in St. Louis
Township inMathias and Mc -
Girk not found in
my county

Issac C. McGirk D .Shff 3 services $99 cts 1 non est $50 travel $10 $159

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

You are hereby commanded to summon John Bothick
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on the Eighteenth day of April 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
is plaintiff,
and Saml Donner is defendant on the part of the plaintiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this Eighth day of January in the
year of our Lord, one thousand eight hundred & twenty one day of Archd Gamble Clerk, S. L. C.C.

18
Winny
vs
Donner

for John Bothick
for plffApril 18th

Served this writon John
Bothick on the 10th
February in S Louis

John K Walker Deft Service - 33 cents
Travel - 6
39 cts

State of Missouri ,
County of St. Louis , sct.The Sheriff of St Louis county—Greeting.

You are hereby commanded to summon Issac A.Letcher Francois M Guyol
Jesse Creighton & John L. Sutton
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on theforteenthday of 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 Winney a
woman of colour is plaintiff,
and Samuel Donner is defendant on the part of
the Deft and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 14th day of April in the
year of our Lord, one thousand eight hundred twenty one day of A Gamble Clerk, St. L . C.C.

Served this writ on
John L. Sutton 23rd
April 1821. by reading, and a Jesse Creigh-
ton 24th April 1821 by-
reading and an
Isaac A . Letcher by
reading by in
S Louis Township25th
April 1821
Guyol not found
in my county

J. C. McGirk
D shff 3. Services in .99 cts
1 Non Est. .50 cts
Travel .9
$1.58

Winney
vs Saml-Donner

plea

Isaac A Letcher Francois M. Guyol + Jesse Creighton
+and John L -
+ Sutton .

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

You are hereby commanded to summon Thomas Williams
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on theforthwithday of 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 Winney is
plaintiff, and Samuel Donner is defendant on the part of the plantiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 24th day of April in the
year of our Lord, one thousand eight hundred and twenty oneday of A Gamble Clerk, S. L. C.C.

Thomas Williams not found in any county 24th April 1821.

I. C. McGirk Dsff
non Est 50 cts

Winny
vs
Saml Donner

for Thos. Williams
for plaintiff
Williams maybe
found on a raft
near the steammill

State Of Missouri ,
County of St. Louis , Sct.The Sheriff of St Louis county—Greeting.

You are hereby commanded to summon Isaac A Letcher
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on theforthwithday of 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 Winney
is plantiff,
and Samuel Donner is defendant on the part of
the plantiff and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
The town of St. Louis , this 25 day of April in the
year of our Lord, one thousand eight hundred & 21 day of A Gamble Clerk, S. L. C.C.

Winny
&
Donner

For
Isaac A Letcher
For plaintiff
Forthwith

served this writ
On Isaac A
Letcher in the
Township of
St. Louis by reading
it to

On the 25th April 1821.E. F. Brown
D shff
Service 33
Travel 10
4303

The State Of Missouri ,
County of St. Louis . Sct.To the Sheriff of said county-Greeting:

We command you to attach Mary Paddock alias Barbara Collins Barbara Shope if they may be found within your bailiwick, and bring them on the27th- April 1821
forthwith
before the judge of our circuit court now sitting at the town of St. Louis ,
within and for the county of St. Louis , then there to answer unto the State
of Missouri , touching a certain contempt by them committed, in not at-
tending as a witness in a case of Winny
plaintiff and Saml Donner
defendant on the part of the plantiff after being legally
summoned by the sheriff of the said county, and have you then there this
writ.

Witness A Gamble clerk of our
said court, at the town of St. Louis , this 26th
day of April in the year of our Lord one thou
sand eight hundred and 21, and of our inde-
pendence the forty fifth A Gamble Clerk

Winny
vs S Donner

for
Mary Paddock and
Barbara Shope
(alias Collins )attachment on
the 27th April
1821

The of Mrs
Mary Paddock
and Barbara Shope
Alias Collins are
now before the
court

27th Apl
1821 Isaac C. McGirk DShff 2 services $1.00
travel .10
1.10
1"10
.39
.93
1.58
1.59
3.26
.50
.43
.50
200
200
.75
13

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

You are hereby commanded to summon Francois
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on thenow sittingday offorthwith 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 Winney
a woman of colour is plaintiff,
and Samuel Donner is defendant on the part of
the and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 26th day of April in the
year of our Lord, one thousand eight hundred twenty one day of A Gamble Clerk, S. L. C.C.

Winny vs
S Donner

Summon
-vs
Thomas Williams

served this writ
on Francois M
Guyol on the
27th April
1811. by reading
it to him in
the township
of st Louis
Thomas Williams
not found in
this County

E. F. Brown
D shff
1 service 33
1 non est 50
travel 10
93 cts

The State of Missouri ,
County of St. Louis . Sct.To the Sheriff of said country-Greeting:

We command you to attach John Bothick
if he may be found within you bailiwick, and bring him forthwith
Before the judge of our circuit court now sitting at the town of St. Louis ,
within and for the country of St. Lonis, then there to answer unto the State
of Missouri , touching a certain contempt by him committed, in not attending
as a witness in a case of Winney is
plaintiff and Samuel Donner is
defendant on the part of the plaintiff after being legally
summoned by the sheriff of the said country, and have you then there this
writ.

Witness A Gamble clerk of our
said court, said court, at the town of St. Louis , this 26th
day of April in the year of our Lord one thousand
eight hundred and Twenty one, and of our independence
the 1st. Archibald Gamble Clerk

Winny vs Donner
Attachment for
Jno Bothick

Served this writ
on John Bothick
in the Town-
ship of St. Louis
and have his
body before the
court this 26th
day of April
1821.

E. F. Brown Dshff
Service $1.00
travel .10
$1.10

St Louis County -
In the Circuit Court
April Term 1821.

Be it remembered that on the trial of this
cause the plaintiff offered in evidence a certain
indenture executed by and between Jennings
Beckwith and Samuel Donner of the
following to wit: " Missouri Territory St. Louis county
This indenture that Jennings Beckwith of the county
and territory aforesaid now owns and is possessed of a mulatto
woman named Winny , a slave of the said Jennings. The said Jennings
doth hereby emancipate and set free the said Winny , and hereby
discharges her from all manner of obligation of servitude or
slavery from him, to take effect only on the following
conditions and at the expiration of the following time, that
is to say. That whereas Samuel Donner of said county has
paid to me in hand for the said Winny the sum of three hun
dred dollars. Now when the said Winny shall pay to
him the said Samuel Donner the sum of three hundred
and fifty Dollars, then she is to be free and emancipated as aforesaid;
until which time she is to be the property of the said Samuel ,
and serve him as a slave; only that the said Samuel Don
ner shall not sell said Winny as a slave under pain
of her being free the moment she is sold as a slave
But the said Donner may sell her time until
she pays the aforesaid sum of money to writ, three
hundred and fifty dollars or what way be the
balance at the time she is thus sold, and no more.
testimony whereof we have

“hereunto set my hands free at Saint Louis

This 21st day of October one thousand
“eight hundred and seventeen in of us
M Mc. Girk
Jennings Berharth
Samuel Donner

to which indenture there was but one subscribing
witness. And the said indenture does not appear
ever to have been proven or acknowledged in court
or to have been recorded in any court whatever
but the same has been recorded in the recorder
office of St Louis County. To the reading of
which indenture in evidence the defendant
by his counsel objected, But the Court over
ruled the objection and decided that the same
might be read in evidence to the jury, which was
done accordingly. To which decision of the Court
the defendantly his counsel excepted and
tendered this his bill of exceptions and prayed
that the same might be signed and made a part
of the record. And be it also remembered that
at the trial of the said cause testimony was
given on the part of the plantiff to prove that

Samuel Donner the defendant did at various
times receive money from various persons for
the hire of the said Winny the plantiff: And
that the said defendant by his counsel requested
the Court to instruct the jury that all testimony
going to prove that matter was
to this cause and ought to be disregarded
by them in making of their verdict
but the court refused to give such instructions
and directed the jury that if Donner
had rendered for the plantiffs services from Winney to
the amount of three hundred fifty dollars
it was sufficient towarrant a verdict
for the plantiff to
to which opinion and
decision of the court the defendant by
his counsel accepted and tended this his
bill of exceptions and prayed that the
same might be signed and made a part of
the record which is done accordingly

N. B. Tucker

Winny vs Donner

Bill of
Exceptions

Filed May 2 1821AG clk

To attending as a witness for plff,
5 days ------- $5.00
Sworn to and subscribed John L. Sutton

before me this 15th May 1821John C Long D.Clerk.

Winny
vs
Donner

$5.00

We the jurorsfind averdict for
the plaintiff of one cent damages

Obadiah Reynolds
fore man