In the St Louis Circuit Court Oct Term 1823

County of St Louis Sct Nelly a free girl of colour
by Beriah Cleland her next friend complains
of Robert Wilburn of a plea of trespass assault
and battery and false in-prisonment with
force and arms - For that heretofore to wit on
the first day of June in the year of our
lord eighteen hundred twenty two, the said
Robert with force and arms made an
assault upon the said Nelly to wit at the county
aforesaid and then and there beat bruised and
ill treated her the said Nelly and then there
imprisoned her the said Nelly and kept said
detained her in prison there without any
reasonable or probable cause whatsoever
for a long time to wit for the space of six
months contrary to the laws of this state
and against the will of the said Nelly
against the peace & dignity of this state and
to the damage of the plaintiff five hundred
dollars & therefore she brings suit &c

B Cleland next friend

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

We command you to summon Robert Wilburn that
he be and appear before the Judge of our Circuit
Court Court at the next term thereof to be held at
the city of St Louis within and for the county
of St Louis on the first monday of October next then
and there to answer unto Nelly a free girl of colour
who sues by her next friend, Beriah Cleland of a plea
of trespass, assault and battery and false im pris
onment with force and arms to the damage of said Nelly
five hundred dollars & have you then there writ.

Witness Archibald Gamble Clerk of
our said Court at office this 11th day of
June 1823 Archibald Gamble Clerk

No 8 Oct 1823

Nelly a free girl
vs
Robt Wilburn

Issue a summons
Ds - $ 500

filed June 11th 1823 A Gamble Clerk

Executed this
writ by reading
it & the declara
-tion to the defend
-ant, on the 11th
June 1823 in
the city of St Louis

Jno K Walker
Shff

County of St Louis Sct

This day personally appears in open court
Beriah Cleland and makes oath that he
is acquainted with Malinda and Nelly and
the said Robert Wilburn in the petition mentioned
and has been acquainted with them for about
two years, that the said Wilburn about two
years ago brought the said Malinda & Nelly to
this state and hired them as his slaves to this
affiant that said Wilburn informed this
affiant that he had bought the said
Malinda & Nelly to this state for the purpose
of preventing an application for freedom in
the state of Illinois where he said they had
resided with him for about four months
and were about to attempt to establish their
freedom that the said Wilburn
he this affiant first knew him was and still
is a resident of the state of Illinois and that
the said Wilburn now holds the said Malinda
& Nelly in slavery
Sworn to June
11th 1823 in open court

Beriah Cleland A Gamble Clerk

The Petition of
Malenda & Nelly to
sue for their freedom

filed June 11th 1823 A Gamble Clerk

County of St. Louis , Sct. The State Of Missouri ,To any Judge or Justice of the peace of The state of Illinois Greeting.

We reposing special trust and confidence in your integrity and circumspection do require and command
you that you cause to come before you such person or persons as shall be named to you by Robert
Wilburn his attorney or agent and him her or them examine upon his her or their cor
poral oath (to be by you administered) touching their knowledge of any thing that may relate to a certain
matter of controversy. Now pending in our Circuit Court , for the county of St. Louis , wherein Nelly
a woman of colour is plaintiff and Robert Wilburn is defendant
on the part of the said Defendant — and having reduced the said depositions so taken
by you as aforesaid into writing you are required to send the same together with this commission enclo
sed under your seal to our said circuit court, with all convenient speed.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the town of St. Louis , this Seventh day of January
in the year of our Lord, one thousand eight hundred and twenty three Archibald Gamble Clerk

St Louis Circuit Court
In vacation
January 7th 1824

On motion of the
Defendant by his attorney it is ruled that a
Dedimus issue to any judge or justice of the
peace of state of Illinois to take the
depositions of witnesses to be read on the
trial of the above cause on the part of
the defendant

Archibald Gamble Clerk A true copy of the rule A Gamble Clerk

Nelly a woman of
vs
Robert Welburn

Ded: to Illinois

field Febry 3rd 1821 A Gamble Clerk

State of Illinois
Sangamon County

In Persuance of the Confidance Reposed
in me by the Circuit Court of the
County of St Louis State of Missouri
A Subpoena Issued for Samuel L
Irwin and Elizabeth Smithe as
Directed by Robert Wilburn and
proseeded to take and did take the
deposition of Samuel L Irwin and
Elizabeth Smith Taken and
Returned as the Law Directs this 21
Day of January 1824

Abraham Sinnard

State of St Louis
Sangamon County
S S

In Persuance of a Dedimus to me
Directed by the Circuit Court of the
County of St Louis and State of Missouri
a Subpoena issued for the attendance of
Samuel L Irvin on the Twenty first
day of January AD Eighteen Hundred
and Twenty four Between the hours
of Six AM and Six PM at which
Time the Said Samuel L Irwin
attended and was Examined on his oath
Touching a matter in Controversey now
Pending in the Circuit Court for the
County of St Louis wherein Nelly
a woman of Coulor is Plaintiff and
Robert Wilburn Defendant

As Touching the Matter as afforesaid
the Deponant Saith that in the
Last of october 1821 Robert Wilburn
brout as above to his Residences
on Richland Creek Sangamon County
then Madison and keept her till
some time in December the Same Year
at the time Said wilburn braut
Nelly to this place he told me
that he intended to move to Missouri
Boath before and after said wilburn
Braut Nelly to this place and at Sundry
times he told me he intended to
move also said wilburn said his
Improvement to me in July 1821 and in Consequence of his wife's
not being in a Situation to move he
was Detaind as he told me and in
December 1821 said Wilburn took Nelly
from this place and said he was going
to Misoury to make a Crop and he
Could not Stay himself but intended
to Leave Nelly and his boys and Come
back for his family and further the
Deponant Saith not This 21 Day
of January 1824

Sworn to and subscribed
before me the under
Signed one of the
acting Justices of
the peace in and
for the County and
State afforesaid

Abraham Sinnard
Justice of the peace

Samuel L Irwin

State of St Illinois
Sangamon County

In Persuance of a Dedimus to me
Directed by the Circuit Court of
the County of St Louis and
State of Missouri a Subpoena issued
for the attendance of Elizabeth Smith
on the Twenty first Day of January
AD Eighteen Hundred and Twenty
four Between the hours of Six
A M and Six P M at which time
the said Elizabeth Smith attended
and was examened on her oath

Touching a matter in Controversy
now Pending in the Circuit Court
for the County of St Louis where
Nelly a woman of Colour is
Plaintiff and Robert Wilburn
Defendant as Touching the matter
as afforesaid the Deponant Saith
that in October or November 1821
I was Cauld on to attend
said wilburn's wife in Child bed where
I saw a black Child probbable her name
was Nelly and I herd said Wilburn
Say that he did not know what he
should Do in Consequence of his wife
being Sick he Should have to Leave
Part of his family and go to Misouri
And Further the Deponant Saith not
This 21 day of January 1824

Sworn to and subscribed
before me one of the
acting Justices of
the peace in and for
the County and State
afforesaid

Abraham Summond
Justice of the peace

Elisabeth Smith

State of Illinois
Sangamon County

I Charles Clerk of the
Circuit Court for Sangamon County do
hereby certify that Abraham
before whom the wish in deposition was
taken is and was at the time thereof
to wit on the 21st day of January 1824
an acting Justice of the peace for
said County of Sangamon
in witness whereofI have he
reunto set my hand &
affixed the seal of said
Court in said County
the 26th day of January 1824

Charles

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

You are hereby commanded to Summon Thomas Wilburn & Jno S Wilburn
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 Sixth day of February 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 Nelly a free Girl plaintiff,
and Robt Wilburn defendant,
on the part of the Deft. and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
city of St. Louis , this 3rd day of Feby
in the year of our Lord, one thousand eight hundred and twenty four A Gamble Clerk, C.C.

Executed this writ on Thomas Milburn & John S Wilburn
Feby 3rd 1824 in the City of St Louis

Jno Simonds D Shff
Service $1.00

Nelly a Free Girl
vs
Robt Wilburn

for
Thomas Wilburn
Jno S Milburn for Defts
6th Feby

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

You are hereby commanded to Summon Berrah Cleland

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 Sixth day of February at the city of St. Louis ,
then and there to testify and the truth so say in a certain matter of controversy now pending in our said
court, wherein Nelly plaintiff,
and Robert Wilburn 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
city of St. Louis , this Fifth day of February
in the year of our Lord, one thousand eight hundred and twenty four A Gamble Clerk, C.C.

Nelly
vs
Wilburn

for
B. Cleland
6th Feby for
plaintiff

Executed this writ on Beriah Cleland Feby 6th 1824

J. K. Walker Shff
Service $0.50

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

You are hereby commanded to Summon Thomas Wilburn, Jno S
Wilburn
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 11th day of June at the city of St. Louis ,
then and there to testify and the truth so say in a certain matter of controversy now pending in our said
court, wherein Nelly is plaintiff,
and Robert Wilburn is defendant,
on the part of the Deft and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
city of St. Louis , this 16th day of March
in the year of our Lord, one thousand eight hundred and twenty four. A Gamble Clerk, C.C.

St Louis Circuit Court
June Term 1824

Nelly
vs
Robert Wilburn

for
John S Wilburn
Thomas Wilburn
for Defendant
June 11th

Executed this writ on Thos Wilburn & John S. Wilburn June
9th 1824

Jn Timonds D Shff Service $1.00

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

You are hereby commanded to Summon Patrick Walsh Beriah
Clealand

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 11th day of June 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 Nelly is plaintiff,
and Robert Wilburn 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
city of St. Louis , this 16th day of March
in the year of our Lord, one thousand eight hundred and twenty four A Gamble Clerk, C.C.

StLouis Circuit Court
June Term 1824

Nelly
vs Robert Wilburn

for
X Patrick Walsh
X Beriah Clealand
for plaintiff
June 11th

Executed on
P. Walsh on
the 29th April 1824
on B. Cleland June 9
1824

J. K. Walker Shff shff
service $1.00

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

You are hereby commanded to Summon
Patrick Walsh
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 city of St. Louis ,
then and there to testify and the truth so say in a certain matter of controversy now pending in our said
court, wherein Nelly is plaintiff,
and Robert Wilburn 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
city of St. Louis , this 11th day of February
in the year of our Lord, one thousand eight hundred and twenty four Archibald Gamble Clerk, C.C.

Feb. Term 1824

Nelly
vs
Wilburn

for
P. Walsh
forthwith
for plff

Executed on
P. Walsh on
Jno. K. Walker
Shff
fees 50 cts

And the said Wilburn by his
attorney comes and defends the
wrong and injury when &c. and says that the said Nelly ought not to have or maintain
her aforesaid action thereof against him
because he says that the said Nelly is
his slave, without this that the said Nelly at
the time of the commencement
of the said suit was a free person and
of this he puts himself upon the Country &c.

Strother & Cozny
for deft

Nelly
Wilburn
plea

Filed Oct. 13 1823AG Clk

To the Honorable the Circuit Court of the County of
St Louis

The petition of Malinda and Nelly free persons
of Colour, held in Slavery, humbly represents.
that your petitioners were held as slaves
by a certain Robert Wilburn that some time
in the year eighteen hundred & twenty and while
your petitioners were so held in slavery, taking
your petitioners with them, removed to and arrived in
the State of Illinois , where he immediately com
menced residing and has ever since continued to
reside that the said Wilburn kept and held
your petitioners as slaves, in the said State
of Illinois for the period of about five months
when your petitioners being about to apply
to the courts of that state to establish their freedom he the said
Wilburn with a view to defeat and hinder
that application removed your petitioners
to the State of Missouri and there holds your
petitioners in slavery - Wherefore your petitioners
pray that they may be permitted to sue in
your honorable court as a poor person to
establish their right of freedom as aforesaid
upon the facts of aforesaid

Malinda
& Nelly
by their next friend Beriah Cleland