and the said Samuel by Geyer
his attorney comes and defends the force and injury
when and says that he is not guilty of the
several supposed trespasses above said to his
charged, in manner and form as in the said
declaration is alledged and of this he puts
himself upon the county

Geyer for defts

and for further plea in this behalf as to the making
the said assault on the said plaintiff and the beating
wounding and imprisonment for the said space of
time in the said declaration mentioned, the said
Samuel says, that the said plaintiff ought not
to have or maintain her aforesaid action thereof
against him because he says, because he says
that the said plaintiff before and at the time
where in the said declaration mentioned, was the
servant, of him the said defendant, and as such
bound faithfully to serve him the said defendant,
and the said defendant further saith, that the
said plaintiff just before the said time where
in the said declaration mentioned, neglected her duty
as servant as aforesaid, in and about the business
of him the said defendant, and behaved and
conducted herself in a disorderly, saucy,contumacious
and improper manner toward the said defendant
and then and there contrary to the obedience due
to the said defendant, resisted and refused to obey the lawful commands of him the said defendant
whereupon the said defendant, then and there did
moderately chastise and the said the said
plaintiff for her neglect of duty disobedience and
misconduct, and inso doing did necessarily and una
voidably a little beat bruise, and ill treat the said
plaintiff and imprison her for the space of time
in the said declaration mentioned as was lawful
for him to do for the cause aforesaid, which are the
same supposed trespasses in the said declaration
mentioned. And this the said defendant is
ready to verify, wherefore he prays judgment if the
said plaintiff ought to have or maintain her
aforesaid action thereof against him

Geyer for defts

and for further plea in this behalf the said
defendant says that the said plaintiff ought not
to have or maintain her aforesaid action thereof against
him the said defendant because he says that the
said plaintiff at the time when in the decla
ration mentioned, was and still is a slave, and
not free as in the said declaration is supposed, and
this he is ready to verify - wherefore he prays
judgment if the said plaintiff ought to have and
maintain his aforesaid action thereof against her.

Geyer for defts

and for further plea in this behalf the said defendant
says, that the said plaintiff ought, not to have or maintain
her aforesaid action thereof against against him

because he says, that the said plaintiff at the
time when in the declaration mentioned, was
and still is the slave of the said defendant
and this he is ready to verify, wherefore he prays
Judgment if the said plaintiff ought to have or
maintain her aforesaid action thereof against
him

Geyer for defts

Abbott
ads
Fenwick
pleas

filed Oct 7th 1823 A Gamble Clk

LetheFenwick
vs.
Samuel Abbot

filed July 6th 1824 A Gamble Clk

And the said Lethe saith that by reason of anything
by the said Abbot in his said second plea above
alleged she ought not to be banned from having
and maintaining her aforesaid action thereof a-
gainst him, because she saith that the said plea
and the matters therein contained in manner
and form as the same are above stated and set forth
are not sufficient in law to bar
the said Lethe from having and maintaining
her aforesaid action thereof against him, and
she is not bound by the Law of the land
to answer the same, and this she is ready
to verify wherefore for want of a sufficient
plea in this behalf, the said Lethe prays
judgment and her damages

for
plff

and as to the said fourth plea of th said Abbot
the said Lethe saith that the by reason of
any thing by the said, Abbot in that plea
above alleged ought not to be banned from
having and maintaining her aforesaid
action thereof against him, because she
saith that he the said Abbot at the said
time when &c. of his own wrong and without the
cause by him in his said plea alleged
assaulted beat and wounded the said Lethe
and imprisoned her and of her
liberty and held her in servitude in manner
and form as the said Lethe hath above thereof
complained against him, and this she prays
may be inquired of by the County

for plff

and as to the said fourth plea of the said
Abbot the saidLethe saith that by reason
of any thing by the said Abbot in that
plea alledged she ought not to be barred from
having or maintaining her aforesaid
action thereof against him, because she
saith that the said Abbot at the said time where
of his own wrong and without the cause
by him in his said fourth plea alleged
assaultedbeat and wounded her, and is trained
her of her liberty and held her in servitude
in manner and form as she hath
above thereof complained against
him, and this she prays may be inquired
of by the Country

for Plff

No 99 October Term 1823

Lethy Fenwick
Nar Samuel Abbot

This is an action of
Trespass. Let a Sum-
mons issue

Filed Sept. 11th 1823 A Gamble Clk

Executed this writ on Samuel Abbott Sept 15 1823in

St Louis , by giving the writ & Declaration to him to read
& his acknowledging service to the same

John K. Walker SheriffBy Jn Timonds for D. Shff Service $1.00

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

We Command you to summon Samuel Abbot that
he be and appear before the Judge of our Circuit 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 Lethy Fenwick of a plea of trespess
to the damage of said Lethy of one thousand dollars
and have you then there this writ.

Witness Archibald Gamble Clerk of
our said court at office this Eleventh
day of September AD 1823. Archibald Gamble Clerk

State of Missouri County of St Louis In the Circuit Court October Term 1823

Lethy Fenwick by her attornies complains of
Samuel Abbot of a plea of Trespass. For that
the said Samuel heretofore to wit on the first
day of June in the year eighteen hundred
and twenty three at the said County with force
and arms made an assault upon the said Lethy and
her then and there beat wounded and imprisoned
restrained of her liberty and held in servitude
from the day and year last aforesaid for a long space
of time to wit for the space of three months and
other wrongs to the said Lethy then and there did
against the peace of the State and to the dam
age of the said Lethy of one thousand dollars
and therefore she brings her suit & c

Strother Hozard proquice