In the Circuit Court
July Term 1825No. 12.

Winny
vs
Rufus Pettibone & others

The within is a counterpart of the writ
Issued to the Sheriff of the County of
St. Louis 2nd June 1825

Arch Gamble clerk Shffs. fees $2.00 To Franklin - R. Brock Shff

County of Saint Louis .
The State of Missouri To the Sheriff of the County of Franklin
Greeting.

We Command you to summon John Butter and Betsy his wife impleaded with Rufus
Pettibone , Charles B. Hatton and Sally his wife, Owen Wingfield and Sally his wife Isaac
Voteau , John Whitset alias Whitesides , Mitchel Hatton and Anne his wife. Michael
Sanford and Theresa his wife John Whitset alias Whitesides and Lucinda Whitset
alias Whitesides , That they 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 Fourth Monday in July next then & there to answer unto Winny a free Woman of
Color who is permitted by the court to sue by Alexander Clark her next friend as a poor
person of a plea of trespass to the damage of said plaintiff of Five hundred dollars
and have you then there this writ.

Witness Archibald Gamble clerk of our said
Court at Office this second day of June One
Thousand eight hundred and twenty four Archibald Gamble clerk

Executed the within writ on John Butler and Elizabeth
Butler his wife in Newport Township Franklin

County by reading the same to them in their hearing on
the 14th day of June 1825 Robt . Brock Shff

State of Missouri
County of S. Louis In the Circuit Court July Term
1825

Winny a free woman of color held in slavery, and who
is permitted by the court, to sue as a poor person
by Alexander Clark her next friend, who by her
Attornies Edward Bates and Issac G. Mc Girk, assigned
as counsel by the said court, complains of Rufus
Pettibone , and of Charles , and sally his wife
.

Butter and Betsy his wife, John Mulser, alias
Mitchel Hatton and Anne his wife, Michael Sanford
and his wife, John Whitset Jr., Alias Whitesides
and Lucinda Whitset , alias Whitesides , of a plea of
trespass, for that the said defendants heretofore
to writ, on the first day of January in the year of
our Lord Eighteen hundred and twenty five with force
and arms, at the county of St. Louis , unlawfully an
assault did make in upon the body of the said
Winny , and then and there beat bruised and illtreat
ed her the said Winny and then and there imprisoned

cause whatsoever, and has still
and detained her in prison, and do still
detain her in prison, against the will of
Winny and contrary to the laws of this
and other wrongs to the said Winny then and there
did against the peace of this state, wherefore
the said Winny says she has sustained damage
to the amount of five hundred dollars and there
fore she sues.

Bates & M cGirk
Atty for plff

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

We Command you to Summon Rufus Pettibone , Charles B. Hatton and Sally his wife
Owen Wingfield and sally his wife Isaac Voteau , John Butter and Betsy his wife
John Whitset alias Whitesides Mitchel Hatton and Anne his wife Michael Sanford
and Theresa his wife John Whitset alias Whitesides and Lucinda Whitset alias
Whitesides that they 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 Louis on the fourth
Monday in July next then and there to answer unto Winny a free woman of color who is
permitted by the court to sue by Alexander Clark her next friend as a poorperson of
a plea of trespass to the damage of said plaintiff of five hundred dollars, and have you
then there this writ

Archibald Gamble clerk of our said
Court at office this second day of June 1825 Archibald Gamble Clerk

No. 32. In the Circuit Court
July Term 1825

Winny
vs
Rufus Pettibone and others

To the Clerk of the
Circuit Court
This is an action of
assault & Battery and
false imprisonment
a Summons
for the defendants
Bates and Mc Girk
for plff

filed 2nd June 1825 Archd Gamble Clerk

served this writ on Issac
Voteau on the ninth day
of July 1825 by reading it to
him.

The other defendants to
Rufus . Pettibone . CharlesB
Mattew and Sally his wife
Owen Wingfield and Sally his
wife. John Butler and Betsy
his wife. John Whitset alias,
Whitesides . Mitchel Hatton
and Ann his wife.

. John Whitset alias
Whitesides , notfound
in my County July 9th

Executed this writ on Michael Sanford and Theresa his wife July 6th 1825
the City of St Louis . On Issac Voteau on the 9th of the same month in the Towns-
hip of Bonhomme by reading the same to them. The other defendants
named in this writ are not to be found in my County. neither have they a
Place of abode in my County, known to me, at which should have a copy hereof
July 9th 1825

Service $3.00
12 non Ests 6.00
$9.00 John K. Walker Sheriff

Ss.. In the Circuit Court
of St. Louis County 1825
Action of Trespass of
assault and Battery &c.

Malinda , a free girl of color
vs
. Same

Harry , a free boy of Color
vs
Same

Ss. Same

Lorinda a free girl of color
vs
Same

Ss. Same

Jinny , a free woman of color
vs
Ephraim Musick
Charles B. Hatton & Sally his wife
Owen Wingfield & Sally his wife
Isaac Voteau
John Butler & Betsy his wife
John Whitset alias Whitsides
Mitchel Hatton & Anne his wife
Michael Sanford & Theresa his wife
John Whitset alias Whitesides
Lucinda Whitset alias whitesides

Ss.. Same

Winnitta a free girl of color
vs
Same

Ss. Same

We the attornies for the parties in the foregoing
named causes, now pending in the St. Louis Circuit
Court , agree that any competent depositions legally
taken, or taken by consent in either of the above
named causes may be read in all the others, as
far as they may relate to the matter in controversy
and further, we agree, that noted to take depositions
in any of the said causes, served
on any attorney of record for either party, instead of
the party or parties, and that depositions taken in
pursuance of any such notices properly given as
aforesaid, may be read in the same manner
as if notice had him served on the party or
parties themselves in person.

St. Louis , October the 4th 1825H. R. Gamble & Isaac C. Mc Girk
Attorney for Plffs
E. Bates as far as
an command
Cozens
for deft.

Winny & Others
vs
Musick. Pettibone &
others.

Agreement between
the attornies of each
party in relation
to Depositions

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

You are hereby commanded to Summon John B C. Lucas
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 to say in a certain matter of controversy, now pending in our said court, wherein Winney
is plaintiff, and Rufus Pettibone's
are defendants, on the part of the Defendants 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 April
in the year of our Lord, one thousand eight hundred and twenty six A Gamble Clerk, C.C.

Served on
on the
11th April 1826
in the city of
St. Louis


Fees 50cts

March 1826

Winney
vs
Pittibones Admr
for

for Deft.

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

You are hereby commanded to Summon John. B. C. Lucas .

that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Cir-
cuit Court, on the twenty fifth day of July. 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 Winney
- - is - plaintiff , and Rufus Petitioner
admrs. are - - - defendants, on the part of the Defendants and -
have you then there this wirt.

Witness, Archibald Gamble , Clerk of our said circuit Court, at the
City of St. Louis , this twenty sixth day of June -
in the year of our Lord, one thousand eight hundred and twenty six Arch Gamble Clerk, C.C.

July Term 1826

Winny
vs
R. Pettiboneadmrs
for
John Bc Lucas

For. DefendantJuly 25th 1826

Executed on
John Bc Lucas
on the 14th July
1826 in the city of St. Louis


from

To Josiah spalding Esgr, Attorney for the plain
tiffs in the above causes.

You will please take notice, that the said
several plaintiffs, by their agent or attorney, will
attend at the dwelling house of Elias Mitz , in
the beauty of St Louis , 9 or 10 miles from St Louis ,
On Saturday the fifth day of August next, be
tween the hours of 10 Oclock A.M. and six Oclock
P.M. of that day, and then and there take the depo
sitions of witnesses, to be read in evidence on
the trial of the above mentioned causes, on the
part of the plaintiffs, when & where you and
the said plaintiffs, will attend & Exam
ine, if you think fit.

St Louis July the 1826.Bates & Mc Girk
Atto's for Plffs

Winny & others
vs
Pettibone & Musick

Notice to take
depositions at
house of E. Mitz
Saturday 5th Augt.

Received copy of
within 31, July 1826
In this case in which
Pettibone alone is con
cerned I acknowledge
this to be a sufficient
service of notice
.

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

You are hereby commanded to Summon John B . C Lucas
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 29th, day of November 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
Winney vs plaintiff, and
R PettibonesAdmrs is defendant, on the part of the
Defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this 12th day of October
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk, C.C.

November Term
1826.

Winney
vs.
R Pettibones Admrs.

subpoena

for
John B C Lucas
for
Defendant" 29th Nov 1826.

Executed this notice on B C Lucas Octr. 20, 1826
By reading to him the same

Fee $50

Winny
vs
Pettibone's admin
and others

and said Levi administrator
of Rufus Pettibone deceased, & said Lanford &
wife come and defend the force and injury
when . C. say that they are not guilty
of said trespass, imprisonment wrongs
in mannerand form as is
them in said declaration and of this they
put themselves upon the Country &C.

and for afurther plea said Levi administration as aforesaid and said
and wife say that at the time when the said Winny was the
slave of Charles B . Hatton , Owen Wingfield , Isaac Voteau , John Butter
John Whitset ,, Michael Hatton, Michael Landford, John whitset
Jr. & Lucinda whitset, to writ at the County aforesaid and that
the said trespass were committed
on said Winny as such slave and nototherwise; and this
they are ready to verify, wherefore they pray judgment &c.

filed Nov. 29th 1826A G Clk

atty for plff

Winny
vs
Pettibone & others
plea

filed April 12th
1826
A Gamble clk.

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

You are hereby commanded to Summon Joseph Garnier
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit Court , on thefourteenthday of 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
is plaintiff, and Winny
Pettiboneadr and others are defendants, on the part of the
Defendantsand have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this 29th day of Novr
in the year of our Lord, one thousand eight hundred and twenty six A Gamble Clerk, C.C.

Executed this writ on Jos N Nov. 29, 1826

$—50

Winny
vs
Pettibone ads and others

for J. N Garmer
forthwith for
Deft.

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

We command you to attach James Richardson
if he may be found within your bailiwick, and bring him forth
with before the judge of our circuit court, now sitting at the city 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 him com
mitted, in not attending as a witness in a case of Winny
plaintiff, and Rufus Pettibone ads
defendant, on the part of the Defendant
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 city of St. Louis , this 29th day of November
in the year of our Lord one thousand eight hundred and twenty six
and of our independence the Arch. Gamble clerk

Nov Term 1826

Winny
vs
Pettibone ads

attachment for
Jas Richardson

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

We command you to attach John Bc Lucas
if he may be found within your bailiwick, and bring him forth
with before the judge of our circuit court, now sitting at the city 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 him com
mitted, in not attending as a witness in a case of Winney
plaintiff, and Rufus Pettibones ads
and others defendant, on the part of the Defendants
after being legally summoned by the sheriff of the said
county, and have you then there this writ.

Witness Archd Gamble clerk of our said court
at the city of St. Louis , this 29th day of Novr
in the year of our Lord one thousand eight hundred and twenty six
and of our independence the A Gamble Clerk

St. Louis Circuit Court
Term 182

Winney
vs
Pettibone ads
and others

Attachs
for
Jno BC Lucas

JB C Lucas came into court and the attach
ment was not served.

St Louis . Nov. Term
1826.

Winne
vs.
Levi Pettitione Michael Lanford
Theresa his wife and others St. Louis Circuit Court Nov. Term
1826

Be it remembered that on the trial of
this case the plaintiff winne proved that some time about
the year one thousand seven hundred ninety two one John
Whitset came to the now state of Illinois and brought with
him said winne then twelve or fourteen years of age hol
ding her as a slave; also then bringing with him his
son ThomasWhitset then aged about eight years; that
said John resided three or four years at a place in the
now state of Illinois called Whitesides , station and then
removed into Missouri in 1796 where he afterwards died, the said
Winne having all that time been held as slave and
said Thomas having rendered with his father John Whit
set during that time said Thomas also with his father
during all the time of said Johns residence in the then
North west Territory that on the morning Whitset was
removing to Louisiana the inhabitants of the stationtalked of here from taking plantiff out
of the territory. The plaintiff gave nothing for
in evidence material to the point of law
raised to the admission of the testimony hereinafter
specified. The defendents then introduced a witness
who stated that he was at Whitesides , station afore
said in the fall of the year 1794 and shortly afterwards
had a conversation with said John whitset,
and said John then and there said
before said John came onto
country and while he resided in Georgia he went to Virginia , to see the father in
of said John who then a deed of gift of said girl Winne
to his son the said Thomas ; and that that was all
the said father in law did for them although his
said John's house had just been burnt down with
his property; and he had thereupon gone to his said father
in laws to obtain assistance. The plaintiff's counsel
moved to exclude the declarations of said Whitset in
relation to the said deed of gift from the counsel nation of the Jinny : which the court according by
did and decided that the said declarations aforesaid
should not go to the Jury: and they were accor
dingly excluded, To which opinion of the court
the defendants counsel excepted andprayed the
court to sign this his bill of exceptions which
is done accordingly.

Will : C. Carr

Winne
vs Pettibone's admistr & others

Will . C. Carr

Winny a free woman of color
and her three infant children
mentioned in the petition
vs
Charles Rufus Pettibone
Charles B. Hatton
Owen Wingfield
Isaac Voteau
John Butter
John Whitset
Mitchel Hatton &
Michael Sanford legal
Representatives of John Whitset decd
John Whitset and
Lucinda Whitset heirs
of Thomas Whitset deed &
legal representations of John
Whitset decd.

Let the order in this can be made, in the usual forum
that Winny & her children mentioned in the petition
an allowed to sue the above persons for their freedom
as poor persons by their next friend, that they are not
to be removed out of the Jurisdiction of the court, nor
to any seventy for having said an amount of
this application, and that they be not debased of
reasonable liberty of attending their counsel, - (accord
ing to the statute of freedom, the new law)

Court assign Bates & Mc Girk as counsel
in the order, that the Sheriff serve
the defendants with notice of this order.

Jinny a free woman of color &
Winnetta her infant child
vs
Ephraim Musick
and all the other persons named in Winny's case
except Rufus Pettibone .

Let the order he the same with the addition
that Jinny with her child shall be hired out by
the Sheriff to any person he pleases in the county
for the most he can get till the November Term
of this court, and then from term to term till
the suit is finally decided, and that the Sheriff take
bond from the hirer with good in a sufficient sum for the
payment of the hire, and that the hirer shall have
the said Jinny forth coming when and where the
court shall award, and that the hirer allow the
negro liberty of attending her counsel, and that the
Sheriff the hire and keep it subject to
the order of the Court
also State in the entry that Bates & Mc Girk assigned by
the Court as counsel by the court
Insert, that the Sheriff serve the defend
ants with Notice of this order.

Make out a copy and hand it to the Sheriff
in both cases and give it to the shff