St Louis cir cuit
1831

St Louis County to a woman of
color who by of the event
inflows of
Samuel of a plea of trespases
In that the said Samuel
on first day of march in the year1831
fore and
on the said Inla at St Louis aforesaid
and then and there
of the said Inla and with
and
and then and there the said Inla
a quiet many blows and
and then and there and the said
Julia and left and detained for a
then without any and for a long space of time
to day, when
the said and all that this above when the aforesaid
grievances were ant at
and to and the the first
day of march in the year1851 the said
Julia was and still is a free person and that even
the said Samuel there and then hold
and detained her, and still holds
and detains her inslaveryslavery
contrary to and against the will and
consent of the said Julia sad
Julia then and there was not only
injured by and blows and and than greatly injured
ant by above aid than and of and to the day
of the said Julia $500 and

To the honorable William C. Carr judge of
the circuit court of St Louis county

your petitioner Julia a woman of
color represents to ; that
she was born in the state of the slave
of about twenty five years
Said the sael
to and that
after the death of the said Asa
his son emigrated
to fiche county and state of Illinois and and
ant that the said widow of and his son
your petitioner with
to Fiche County in the state of
Illinois where and at which place she
thaneight weeks and then days; that she
was then taken to Lousiana fiche County
in the state of Missouri when she
seven months; that there said
the that for Lousiana
and to the of
and of of what she a and there day
the said to
Lous and of she is now

is and that the above and
to on she is is
why of your
may to to
and that the any
a and and to
your to

to for
march 10th 1831X

State of Missouri
Third Judicial Circuit Court

It is hereby ordered that on the foregoing peti-
tion, the subscriber hereto, Julia , be permitted
to sue as a poor person to establish her right to
freedom and George F .Sholker esquire is
assigned as her counsel. It is also ordered
that the said Julia have reasonable liberty
of attending her said counsel and the court
whenever occasion may require and that
the said petitioner shall not be taken or
removed out of the jurisdiction of the court nor
be subjected to any severity because of her
application for freedom. Given under
my hand at my chambers this 11th day of
March 1831.

Will . C. Carr judge 3 circuit

No. 66___

Julia a woman
of color
vs
Samuel

to

filed March 10th 1831

St louis circuit court march
term 1831-
St louis county to wit

Barly and Samuel P. Barly
complain of

State of Missouri - Third Judicial Circuit Court . It is hereby ordered that on the foregoing petition
the subscriber thereto, Julia , be permitted to sue as a poor person to establish her right to freedom
and George F Strosher esquire is assigned as her counsel. It is also ordered that the said Julia
have reasonable liberty of attending her said counsel and the court whenever occasion may
require and that the said petitioner shall not be taken or removed out of the Jurisdiction
the Court nor be subjected to any severity because of her application for freedom - Given
under my hand at my chambers this 11th day of March 1831-

Will C Carr
Judge 3rd Circuit
A true copy of the order of the judge permitting the plaintiff to sue
Archibald Gamble Clerk

No 66
St Louis Circuit Court
March Term 1831

This is an action
of assault &
and false imprison
ment -

Filed 11th march 1831
Archibald Gamble Clerk

Executed this writ on Samuel Mckinney by offering
to read it and the declaration to him which
he refused to hear read and acknowledged the
Circuit of the law in The city of St Louis on the
11th day of March 1831

K Walker Sheriff Server $ 1,00

County of Siant Louisss
The State of Missouri
To the Sheriff of the county of Saint Louis Greeting

We command you to summon Samuel Mckinney 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 Saint Louis on the fourth monday of March instant then and
there to answer unto Julia a woman of color who by the permission
of the court sues in forma pauperis of a plea of trespass to the damage
of the said julia $500 and have you then there this writ

Witness Archibald Gamble clerk of our said circuit
court at office this Eleventh day of March One
thousand Eight Hundred and thirty one Archibald Gamble Clerk

Court for St Louis County

And the said Samuel
Kinney by his Attorney Geo.D. Shaw
defends the force and injury been
that he is not guilty
to his charge or any thereof in
and form as the said plaintiff hath
of complained against him and of this
defendant puts himself upon the county

Geo. D. Shawapril 1831

filed april 10th 1831

counsel to filed in this case - Book 6 -- page 105
to 273
dgment for defendant 448
/>

COUNTY OF ST. LOUIS , SCT.
State of Missouri ,TO ANY JUDGE OR JUSTICE OF THE PEACE 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 Julia (a woman of color) Samuel MKinney
their attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administerred,) touch-
ing 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 Julia (a woman of color) is plaintiff and Samuel MKinney
is defendant, on the part of the said plaintiff, and having reduced the said
depositions taken by you as aforesaid, into writing, you are required to send the same, together with this commission.
enclosed under your seal, to our said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuit Court , at
the City of St. Louis , this Third day of June In the
year of our Lord one thousand eight hundred and twentythirty one Archibald Gamble Clerk, C.C.

In Vacation 3rd June 1831
Clerks office of the St Louis Circuit Court

On the applciation of the attorney for the plaintiff it is ruled that
a Dedimus to any Judge or Justice of the peace of the state of
Illinois to take the depositions of of witnesses to be read in evidence on
the trial of this cause on the part of the plaintiff

a True Copy of the Rule
Archibald Gamble Clerk

Leonard Rofo Rofo Henry J Rofo

In the St louis Circuit Court

To Julia the above named plaintiff

Take notice that I Shall attend at the Post Office
in the Town of taples int he state of Illinois on the
thirteenth day of July instant between the hours
of six O clock in the forenoon and six O clock in the afternoon of that day then and there to take the
depositions to be read in evidence on
the trial of the above cause when and where
you can attend

july 4 1831
Samuel M Kinney by

I acknowledge the service of the within notice on me as attorney
for Julia the plaintiff as a service on the plaintiff

july 4, 1831

Notice

COUNTY OF ST. LOUIS , SCT. 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 com-
mand you that you cause to come before you such person or persons as shall be named to you by Samuel
MKinney- or Julia (a woman of Color) - their ___________ attorney
or agent, and him or them examine upon his, her or their corporeal 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 Julia (a woman of color)
is plaintiff and Samuel MKinney ------------ 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, enclosed under you seal, to our said Cir-
cuit Court, with all convenient speed.

WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this fourth day of July in
the year of our Lord, one thousand eight hundred and thirty- one Archibald Gamble Clerk, C.C.

In Vacation July 4th 1831
Clerks office of the St Louis Circuit Court

On the application of the attorney for the defendant it is Ruled
that a Dedimus to any Judge or Justice of the peace of the State
of Illinois to take the depositions of witnesses to be read in evidence on
the trial of the above cause on the part of the defendant

a True copy of the Rule
Archibald Gamble Clerk

I William R Smith a justice of the peace within and
for the County of Morgan and State of Illinois do
Certify, that in pursuance of the within commission and notice
personally come before me at the Post office in in
the County and State last aforesaid Joseph .
and Benjamin,L,Mathews who were there by me sworn and
examined, and such examination reduced to and
subscribed by them respectively in my presence, and their said
depositions are now herewith returned :-

Given under my hand and seal
at Taples in the County of Morgan and
State of Illinois this 13th day of July AD 1831WIll.R.Smith. Justice Peace

Depositions of Witnesses produced and examined at
the post office in the Town of Staples in the county of morgan
and State of Illinois before me a justice of the peace of
the county aforesaid in a certain cause now in the
Circuit Court of the county of Saint louis State of Missouri
between Julia a woman of color plaintiff and Samuel M
Kinney defendant - on the part of the defendant
Joseph J Bennett of lawful age being produced sworn
and examined on the past of the defendant and sayeth
that this on their arrival
in pike county Illinois slept at his cabin and remained
there a few weeks without having or renting the cabin for
any particular or specified time merely holding it as a
temporary shelter by his permission. And that he heard
his Carrington as will Joseph Carrington frequently say that
they would not or had no intention of making a
slave of Julia the plaintiff in this cause in the state of
Illinois and this say he not -

Joseph J Bennett

I William R Smith a justice of the peace as aforesaid do certify
that Joseph J . Bennett the deponent was by me sworn to testify the
whole truth of his knolledge touching the matter in controversy in the
cause aforesaid. That the deponent was examined and his examination
reduced to and subscribed by said deponent in my
On the thirteenth day of July in the year of our Lord One thousand
eight hundred and thirty onebetween the hours of six in the
morning and six in the after noon at the post office at
taples in the county and state aforesaid

Given under my hand and seal
the 13th day of July AD. 1831

Benjamin L Mathews of lawful age being produced sworn and
examined on the part of the defendant aforesaid and sayth
that Julia the plaintiff in the above cause was taken to
Missouri and hired out to service in Missouri - that she
became sick in Missouri and remained sick for some time
-that she was taken back to New Carrington in Pike county
in Illinois to be nursed and restored to health that
while at New Carrington she was not employed in any
kind of work but was nursed and restored to health-
and that as soon as she was able to work she was taken to
Saint Louis and sold - tha he was the individual
who took the plaintiff from Missouri to New Carrington
when sick and that he heard New Carrington say before
the plaintiff was brot back to her house that as soon as
Julia the plaintiff was recovered she would send her
back to Missouri and sold or hired out to some person
other than the one who had hired at that time and
as her reasons for doing so she said that Mr Stuart her
employer was not such a man as she wanted Julia to be
with - And that he has frequently heard both Carring
- ton and Joseph Carrington say that they had no inten
-tion of making a slave of Julia in the state of Illinois

Benjamin J Mathews

I Will R Smith a Justice of the the peace within and for the county of
Morgan State of Illinois as here by certify that Benjamin L Mathews
the deponent was by me sworn to testify the whole truth of hisknolledge
the controversy in the cause aforesaid. That deponent was examined
and his examination reduced to meeting and subscribed by the said deponent
in my presence on the thirteenth day of July in the year eighteen hundred
and thirty one. between the hours of six in the morning and six in
the afternoon at the postoffice in Taples in the county and state aforesaid
Given under my hand and seal the 13th day of July AD. 1831

William R Smith

Leonard of age deposeth &
that some time in the fall of
1830 that Josep G Carrington did put up
at my house, & had with him one
woman going to, Missouri for the purpose
as he said of hiring , & something about eight
or nine months after I seen him the
said Carrington return or some other person with said
female who reported sick &

William Scholles of lawful age being sworn
deposeth & saith that sometime in the
year of 1830I saw Joseph G Carrington
this place with a woman of colour said
Carrington, said that he was going to
for the purpose of selling said woman
& that the said Carrington asked
his opinion with regard to the right he
the had for doing, said
not know said Carrington
woman of colour had at that time Resided
this state further saith some
time before the above he saw the
Carrington this place with the
female going to for the purpose
of hiring the woman
of colour

State of Illinois
Pike County

The people of the state of Illinois

& Andrew Philips ; Whereas I the undersigned,
a Justice of the peace, in, and for the county Pike &
state of Illinois , have received a
out of, and under the seal of the circuit court
in & for the county of St Louis , State of Missouri
and to me directed for the examination of
, in a certain cause non pending and
mined in the said circuit court, between Julia
(a woman of colour) Plaintiff & Samuel J Mkinney
defendant and whereas, I am informed that your one
material witness for the Plaintiff, in the said
suit
suit; I therefore, by virtue of the said
require you and each of you
personally to be and appear before me at the court
house in the town of in the said county

of Pike ,, on monday the 23rd day of July at
the hour of ten O Clock in the forenoon of said
day, then & there to be examined and to testify
the truth in relation to the said matter in
controversy; according to the best of your know
ledge, on the part and behalf of said plaintiff
Thereof fail not, under the penalty of the
what the law directs, Given under my
hand & sealthis at this18th day July AD 1831

Subpoena

Leonand Rop Henry Rop PhilipsHillium Rop ( to ) (Deceased) the withinsubpeonu

Servis371/2Sruart1.25

Seth. B.

State of Illinois
Pike Countyss

Henry of of lawfull age being duly sworn
Deposeth and saith that some time in the
autumn or fore fourt of winter of 1829 in a conversation
which he had with Joseph G Carrington the said
Carrington told him he had a Black girl he wanted
to hire out if he could safely do it in and
wished him to hire her he told him he would examine
the law and hire her if the law would
justify him afterwards.I became satisfied he
could not safely do it

Henry RopSworn and Subscribed before one
This 26th day of July A 1831Justice of the Peace
Pike county State of Illinois

I do hereby certify, that the above depositions of Leonard
Rops. William Rop and Henry . Rops, were sworn to and signed by
the deponents, before me, and in my presence; and that the said Depositions
were completed by one on the twenty sixth day of July A 1831. at the office
of the clerk of the Circuit Court in Pike county and State of Illinois
between the hours of nine o clock in the forenoon, and five o clock in the
evening of said day. Given under my hand and seal this twenty
sixth day of July AD 1831

Depositions of

State of Illinois
Pike County ss

I, William Scholles clerk of the County
Commisioners Court, for said County
do hereby certify, that James whose name
appears the within certificate was on the day the
day the same was made, an acting Justice of the
Peace, in and for said County, regularly commission
and qualified, and that as such, full faith and
and of right ought to be given
to all his official acts

In testimony have subscribed
my name and the seal of the
County Commisioners court of said county at
this day of July 1831

COUNTY OF ST. LOUIS , Sct. State of Missouri ,To the Sheriff of Saint Louis County---Greeting.

You are hereby commanded to summon
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 tenth day of August instant 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 Julia (a woman of color) is plaintiff, and
Samuel MKinney___ 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 tenth day of August in
the year of our Lord, one thousand eight hundred and thirty-one Archibald Gamble Clerk, C.C.

July term 1831

for plaintiff

not found

COUNTY OF ST. LOUIS , SCT. State of Missouri ,To the Sheriff of St Louis County--Greeting.

You are hereby commanded to summon John John Beat & Jacob
that setting aside all manner of excuse and delay, they 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 Julia is plaintiff, and
Samuel Mckinney is defendant, on the part of the ; and have you then there this writ.

WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of August in
the year of our Lord one thousand eight hundred and thirty- One A Gamble Clerk, C.C.

Served this writ on
per the 19th Aust 1831 Cooper not found

sheriff

July 1831

for

of Jacob

In the circuit court of St louis county

Bill of cash

1 subpence$//., 18 3/43 Oaths$//., 18 3/4talking & Depositions contuing 5
jolis of yes wards cash @ 92 1/2,,621/2constable.s pe on remainy subsera -/,, 621/2attenance of 3 ssitropes @ ,, 50th wash../,, 50$ 4,, 12 1/2alenths certificated seal,, 50that 4,,b21/2

Depositions

files opened
19th august 1831

COUNTY OF ST. LOUIS , SCT. State of Missouri ,To the Sheriff of St Louis County---Greeting.

You are hereby commanded to summon James G A MKinney
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 Julia plaintiff, and
James MKinney defendant, on the part of the
; and have you then there this writ.

WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of Augst in
the year of our Lord one thousand eight hundred and thirty- one A Gamble Clerk, C.C.

Served this writ on Sam.
Kinney on the 19th Augst
1831. in the city of St Louis

50

July 1831

for

St Louis Circuit Court
Julia a Woman of Colour
Samuel M Kinney

Action for freedom

Attorney for Plaintiff in the above entitledcause
case take there on the Third day of
Octobernext between the hours of One and six of
the clocks of the after noon of said day at the store
of PhineasBlock in the town of Louisana in
the County of Pike and State of Missouri the
deposition of witnesses will be taken to be read in evidence
in the trial of the above entitled case on the
defendants, where and when you may attend if you please

September 1831 on
defendant

On this fifth day of September in the
year 1831, attorney
for the within named Plaintiff hereby
acknowledge service of a written notice
of which the is a copy

I acknowledge a copy of the
written notice was left with me

St Louis Circuit Court

notice to take
deposites

COUNTY OF ST. LOUIS , SCT. 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 com-
mand you that you cause to come before you such person or persons as shall be named to you by Julia
(a woman of color) or Samuel MKinney - their attorney
or agent, and him or them examine upon his, her or their corporeal 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 Julia
is plaintiff and Samuel MKinney- is is defendant on the part of the said
plaintiff 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, enclosed under your seal, to our said Cir-
cuit Court, with all convenient speed.

WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this twenty eighth day of September in
the year of our Lord, one thousand eight hundred and thirty-one Archibald Gamble Clerk, C.C.

In Vacation 28th September 1831
Clerks office of the St Louis Circuit Court

On the application of the attorney for the Plaintiff it is Ruled
that a Dedimus issue to any Judge or Justice of the peace of the State
of Illinois to take the depositions of witnesses to be read in evidence on the
trial of the above cause on the part of the Plaintiff

A True Copy of the Rule
Archibald Gamble Clerk

The of appears
by the schedule
march 23d 1832

Andrew Philips

filed opened
Oct
14th 1831

A Gamble Phineas Block
for defendant

to be handed
to lawyer

COUNTY OF ST. LOUIS , SCT. State of Missouri ,To the Sheriff of Saint Louis County---Greeting.

You are hereby commanded to summon John Bent - Jacob Cooper
and James G A MKinney
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 7th day of December next 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 Julia (a woman of color) is plaintiff, and
Samuel MKinney 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 12th day of November in
the year of our Lord one thousand eight hundred and thirty - one Archibald Gamble Clerk, C.C.

November Term 1831

+ James G A MKinney 23+ John Bent 15+ Jacob Cooper 15

Executed this writ on John Bent Jacob
Cooper 15 and James G A MKinney 2323
of November 1831 in St Louis Ross
not found

John K Walker

150121/21,621/2

The said defendant excepts to the depositions taken on the
part of the plainiff in the above case for the following
reasons

1 That said depositions were taken without legal notice
of the time and place of taking them

2 That it does not appear that said depositions were
reduced to writing in presence of the Justice of the peace

3 That it does not properly appear that the witnesses
were sworn

4 That the said depositions are not properly certified
or authenticated

AB Gamble

Exceptions to depositions

filed Decr 2nd 1831
A Gamble
clk

State of Illinois Morgan countySS

I Dennis Rockwell clerk of the county
commisioners court of said county
do certify that William R Smith
before whom the foregoing depositions
of Joseph J Bennett and Benjamin
F Mathews were taken, was on the thirteenth
day of July Eighteen Hundred and
thiry one a Justice of the peace within
and for the county of Morgan ,
duly commisioned, and serve
into office as required by Law.

Given under my
hand & the seal of court
this fourteenth day of
October Eighteen Hundred
and thirty one. Dennis Rockwell

Opened & filed

decs5th 1831A gamble
Clk
Dept of
Joseph J Bennett
for defendant

COUNTY OF ST. LOUIS , SCT. State of Missouri ,To the Sheriff of Saint Louis County---Greeting.

You are hereby commanded to summon - James G. A. MKinney
John Bent & Jacob Cooper
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 Thirtieth day of march next 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 Julia is
plaintiff, and Samuel MKinney 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 Eighteenth
day of February in the year of our Lord one
thousand eight hundred and thirty- two Archibald Gamble Clerk C.C.

March Term 1832

for

James G A MKinney+ John Bent 6 + Jacob Cooper 27 on 30th march

Executed this writ on Jacob Cooper
27th July - on John Bent 6th of March
1832in the city of St Louis James G
MKinney not found

John K

12 1/2

In the St louis Circuit Court
la said Defendants

Sir, on the 23rd day of March instant at the dencling house of mimead
Philips in the
County of Pike & State of Illinois at a place
near Philips ferry on the Illinois River Between
the hours of 8 O clock am & 6 O clock
P.M. I shall take the deposition of witnesses
to be read in under in this cause

March 13th 1832

nature of taking
Depositions
Service this notice
on S. M. Kinney
by reading it to
him in the city of
Stlouis on the

14 - March 1832
John Walker
Shff
sum 500

In St Louis Circuit Court
for freedom

The said plaintiff comes & filesher depositions
to the reading of all the depositions taken &
filed in the part of the defendant &
specifies her reasons for her depositions.

1 That no legal notice has been given to said
plaintiff of the time & place of taking said
depositions

2 That said Depositions have not been taken
pursuant to notice

3 That said Depositions do not appear to have
been taken before any important authority

4 That said Depositions are within
authenticated as the law requires they should be

Depositions to defendants

Depositions filed

filedMarch 27th
1832 A Gamble clkoverruled

This affiant beleives that the only witnesses by whom
Plaintiff can prove her right to freedom reside
in Pike County Illinois & he knows of no other
witnesses by whom the same facts can be proved
which she to prove by said many
& Philips & he believes from what
states to him that she knows of the matter

affidavit for
a continuance

filed april 11th 1832
AGambleclk

County Of St. Louis -SCT.Sate of Missouri ,To the Sheriff of St. Louis county-Greeting.

You Are Hereby Commanded To Summon & James J MKinney
John Bent and Jacob Cooper
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 27th day of July next
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 Julia is
plaintiff, and Samuel MKinney 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 29th day of
June in the year of our Lord one thousand
eight hundred and thirty two
Archibald Gamble Clerk C.C.

July Term 1832

for plaintiff

Rojo James S MKinney John Bent 11 Jacob Cooper 2 on 27th July

Exceutive this writ on Jacob Cooper on & on John Bent
the 18th day of July 1832 by reading it to them in
the city & county of Saint Louis - and James
G MKinney not found in my county

John K Walker Sheriff
By Brotherton

senior$ 1.0025$ 1.25

COUNTY OF ST. LOUIS , SCT.
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 itegrity 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 Julia a woman of color or by Samuel
MKinney --- their attorney or agent, and him or them examine upon
his, her or their corporal 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 Julia
is plaintiff and Samuel MKinney
defendant on the part of the plaintiff and having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this fifth day of July in the year
of our Lord, one thousand eight hundred and thirty two Archibald Gamble Clerk, C.C.

A farm of Heading Depositions
The Depositions of here insert the names of the
Deponents taken before me Andrew Philips
a Justice of the Peace within & for the
County of ? Pike & State of Illinois at his
dwelling house situate in said County
on the Bank of the Illinois river at a
place called Philips Ferry between the
hours of eight O clock in the forenoon
& Six Oclock in the afternoon of that
day to be read in evidence in a certain
matter in controversy in the Circuit Court
of St Louis County pending in which
Julia a woman of color is plaintiff
& Samuel MKinney is defendant on
the part of the plaintiff
of lawful age being sworn &
in the part of the plaintiff deposes &
says here insert the statement of the witness
at the end of deposition should be a
certificate in the following form
. I Andrew Philips a Justice of the Peace within
& for the County
of Pike & State of Illinois do
hereby certify that the above named deponents
here insert their names were by me duly
sworn to testify the whole truth of their
knowledge touching the matter in controversy
aforesaid that their examination was
reduced to writing & by them respectively
subscribed in my presence on the day
at the place & between the hours in
that behalf first aforesaid

The depositions should be then sealed
as
follows.

In the clerk of the Circuit
Court at at St Louis , Missouri

The defendant excepts to the depositions of
and Anna Beckerdike filed by plaintiff
for the following

1 There was no notice of the time & place such depo-
sition given the defendant

2 There was no legal and sufficent notice of
the time and place of taking said depositions
given the defendant

3 That the said witnesses were not duly sworn

4 That the deposition are not taken according
to notice

5 That the depositions are not duly certified by
the justice of the peace

6th that the depositions are not sufficiently au
-thenticated

7 That there no sufficient evidence of the
official character of the justice of the peace
before the whom depositions were taken

ARGamble

Exceptions to depositions

filed july 1832AGClk

COUNTY OF ST. LOUIS --SCT.
State of Missouri ,To the Sheriff of St. Louis County -- GREETING.

YOU ARE HEREBY COMMANDED TO SUMMON - James G A MKinney
John Bent - Jacob Cooper
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 4th day of December next
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 Julia (a woman of color) is
plaintiff, and Samuel MKinney 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 2nd day of
November in the year of our Lord one thousand
eight hundred and thirty- two Archibald Gamble Clerk C.C.

November Term 1832

for plaintiff

+ James G A MKinney 8
John Bent
+ Jacob Cooper 9
on 4th December

Executed this writ on GA MKinney
on the 8th Nov and on Jacob Cooper on
the 9th Nov 1832 by reading the same
to them in the County of St Louis
John Bent not found in

my County

John R Walker Sheriff
ByJ. Blood Dept Sheriff

$ 1.00121.12

In the Circuit Court , for the County
of St Louis ,, State of Missouri .To Julia the above named plaintiff and Gustavus A
Bird her attorney

YOU ARE HEREBY NOTIFIED, That Depositions of Witnesses to be read in
evidence in the above cause, on the part of the Defendant, will be taken, at
the office of Archibald Williams in the town of Quincy
in the County of Adams and State of Illinois , on the eighteenth
day of Marchnext, between the hours of 8 o'clock in the
forenoon, and 6 o'clock in the afternoon. and also at the court house
in Pittsfield in the county of Pike in the state of Illinois
on the twenty seventh day of March next between the hours
of six Oclock in the forenoon and six Oclock in the afternoon
and if it be necessary to continue the taking of such depositions
at either of the above places heyond the day appointed for taking
them at such place the taking thereof will be continued from day to
day at the same place and between the same hours until the whole
shall be completed

AR Gamble for February 27th 1834

This notice duly servedFebruary 27th 1836 and I agree
that depositions taken in pursuance thereof may
be read in evidence in the suit of (who
is the child of Julia ) against Samuel JMKinney
subject to all exceptions that they would be able to,
if they were taken in that case in the form in which
they may be returned

notice degrement

Suit for freedom in St Louis
Circuit Court Missouri

Gustavus A Bird on behalf of Said Plaintiff
says he as one of the for the Plaintiff
of her as to her right to freedom & the witnesses
by whom she could prove that right & was informed
that the most material for her were Philips & Andrew Philips & the family
of said living in Illinois - the affiant causes a notice
to be served on the defendant that on the 23rd day
of March last at the dwelling house of
Philips in Pike County & State of Illinois near a
place called Philips Ferry on the Illinois river between
the hours of 8 O Clock A.M & 6 Oclock PM
of that day plaintiff wants take the depositions
of witnesses to be read in evidence in said cause
This affiant says Said notice was served on defendant
at St Louis on the 14th day of March last &
that the distance from St Louis to the residence
of said Philips is nextone hundred &
twenty miles - This affiant says that on the 29
day of March & pursuant to said notice he attended
at the place mentioned in said notice for the
purpose of taking said depositions that on
arriving there he found that said Philips
was dead - but this affiant proceeded to take
depositions at the late residence ofsaid Philips
on the day & between the hours specified in
said notice - that he took the depositions of
daughter of said
which depositions are here on file
& which depositions state facts which this affiant
show that said Plaintiff is entitled to her
freedom
and to which depositions on file the affiant refers
to show that they are material to the
This affiant says he had never heard of the death of
said Philips until after said notice
was given & until this arrived near his late residence & he beleives the plaintiff had never
heard of the death of said Philips untill
she was informed of his death by this affiant
This affiant further says that after taking Said
Depositions he left the Depositions with the
Justice before whom they were taken for the
purpose of having the official character of
the Justice attested by the certificate of the clerk
of the County Commissions Court of Pike County
& State of Illinois under the seal of Said Court & gave Said Justice the many
which he said was to defray the
and said Justice agreed that he could
cause said depositions to be authenticated &
put in the Post Office Pike County
Illinois directed to the Clerk of the St Louis
Circuit Court by the 26th of March last
This affiant says that in the day Said Depositions
were filed he took them out of the Post Office
at St Louis - that they came without
being endorsed under the seal of the Justice
& without being authenticated & without any
certificate under the seal of the County Commissions
Court. This affiant says that at the Court
of the Plaintiff he has taken unusual care
to prepare this cause for trial at this term
& he beleives it is no fault of Plaintiff as her
counsel that said depositions are not authenticated
This affiant beleives the depositions of said
can be procured properly
authenticated by the Term of this court

Depositions of Witnesses produced service and exam
ined on the 3 day October in the year of our Lord One Thousand
Eight hundred & thirty one, between the hours of One and
Six O Clock in the afternoon of that day, at the Store House of
Phineas Block in the Town of Louisiana & County of Pike in
the state of Missouri ; before me S. N. , Justice of the Peace
within and for the County aforesaid in a certain cause now
defending in the Circuit Court of the County of Saint Louis
in the State of Missouri , between Julia woman of color
Plaintiff and Samuel M Kinney defendant on the part of the
defendant

Emily Stewart of lawful age being producedsworn
and claimed on the part of the defendant deposith
saith that in December Eighteensometime about the first day
December eighteen hundred & Twenty nine a certain color
woman named Julia was hired by Dr. Abraham Stewart
for the term of twelve months from Joseph G Carrington
and at the end of Eight or nine months the said
coloured woman Julia was returned to Carrington
on account of sickness

Emily StewartSworn and Subscribed to before me, on the day, at
the peace, and within the hours first aforesaid
Justice of the Peace

Phineas Block of lawful age, being duly produced sworn
and examined on the part of the defendantdeposeth
and saith, that sometime in DecemberEighteen hundred
Twenty Nine, D A braham Stewart informed me that he
hired a certain colou woman named Julia for Twelve
months, and that he saw her frequently in the employm
ent of Sald Stewart

Phineas Block
Sworn and Subscribed to before me on the day
at the place and within the hours first aforesaid
Justice of the Peace

, a Justice of the peace within & for the
county of Pike , in the State of Misssouri, do hereby certi
fy, that Emily Stewart, & Phineas Block, the deponents were
by me severally sworn to testify the whole truth of their
knowledge, touching the matter in controversy aforesaid
that they were examined, and their examination redu
-ced to writing, & by them, respectively subscribed in
my presence, on the day, between the hours, and at the
place in that behalf first aforesaid.

COUNTY OF ST. LOUIS --SCT. State of Missouri ,To the Sheriff of St. Louis County--GREETING.

You are hereby commanded to summon James G A MKinney
John Bent - Jacob Cooper 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 Twenty Eighth day of Marchnext
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 Julia is
plaintiff, and Samuel MKinney 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 Twenty second day of February
in the year of our Lord one thousand eight hundred and thirty- three Archibald Gamble
Clerk C.C.

March Term 1833

for plaintiff

James G A MKinney
John Bent
John Bent
on 28th March

Executed this writ on Jacob Cooper on
the 27th of July 1833& on John Bent
2nd of March 1833 in St.Louis county

John K Walker

Samuel MKinneySir

You will take notice that to
friday,, I shall apply to the circuit court in their sent
the circuit court of St.Louis county where in
I plaintiff and you are defendant

Julia woman of
color
March 1833

Served this notice on Samuel
MKinney on the 27th March
1833by reading it to him in
the city of St Louis

notice

The plaintiff comes for a new trial in
this cause for the following reasons

1 Because the court erred in his instructions to the
Jury

2 Because the court in his instructions to the Jury
the presence of the Jury - by determining
a matter of fact which should have been left
to the Jury

3 Because the of the Jury was against Said

4 Because the verdict of the Jury was contrary to
the

for new trial
& reasons

filed april 4th 1833
A Gamble clk

35531335534938411313871717158714

Gustavus A Bird on behalf of
Julia the above named plaintiff on his oath
says that he prays an appeal to the Supreme court
in this case & that his application for an appeal
on behalf of said Julia is not made for the purpose of any action
or delay but because this affiant wrily
believes said Julia is agreed by the decision & Judgement
of the St Louis Circuit Court on which said
prays the appeal is prayed

G A Bird
Sworn to in open
court april 8th 1833
A Gamble clk

affidavit for appeal

filedapril 8th 1833
A Gamble clk

appeal grantedBook 6 page 457

Best remembered that

Best remembered that on the
trial of the cause The Depositions of which the
following are were read in evidence on the part
of the plaintiff (here insert the Depositions of
Narris, Philips & Mr chills taken 23 march
1832 ameting the heading & certificates)

and on the part of the Defendant the Depositions
of which the following are capis where read in
.

Benjamin Matthews of lawful age being produced sworn and examined
on the part of the defendant deposeth and sayth that Julia the plaintiff in the
whose cause was taken to Missouri and hired out to in Missouri that she
became sick in Missouri and remain sick for some time, that she was taken
back to Mrs Carrington in Pike County Illinois to be nursed and restored to health
and trial as soon as she was able to work taken to Saint Louis and sold
that he was the individual who brought the plaintiff from Missouri
to Mrs Carrington
when sick

Emily Stewart of lawful age being produced sworn and
examined on the part of the Defendant deposith and saith
that some time about the first day of december eighteen
hundred and Twenty nine a certain coloured
woman named
Julia was hired by Dr Abraham Stewart for the term of
Twelve months from Joseph G Carrington and at the
end of eight or nine months the said coloured woman
Julia was returned to Carrington on
account of sickness
It was admitted that at the commencement of
of this suit the defendant was in posession of
of the plaintiff claiming her as his salve no
other was addressed

On Motion of the defendant the following
Instructions were given to the Jury
(here insert the three instructions given by the court)
The Jury found the Defendant not guilty
whereupon the plaintiff for a new
trial & filed the following reasons therefore
(here insert the reasons for a new trial)
The court overruled the motion for a new trial
& to its decision in doing so the plaintiff
& tenders this Bill which is signed sealed & made
part of the record

of be filed

april 8th 1833
A Gamble clk

Suits for Freedom to
in St Louis Circuit
Court Missouri

In the above named
in each cause
Take notice that I shall proved to take depositions
to be read in each of said causes on the team by
first day of November instant at the dwelling
house of Andrews Philips at Philips Ferry on the Illinois
river in the County of Pike & State of Illinois
and at the Court house in the town of
in Pike County aforesaid on the twenty third
day of November instant between the hours
of 8 O Clock AM and Six O CLock PM
of each of said days and I Shall continue
to take depositions at each place from day to
day (Sundays ) between the same hours
in each day until I shall have taken as
many as I deem necessaryNov 11th 1899

for said Julia &
of

nature of taking

Executed this notice by recording it to Samuel J
McKinney in the city of St Louis on the 11th day of
November 1833

John K Walker Sheriff
by

COUNTY OF ST. LOUIS , SCT. 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 Julia a woman of Color - or by
Samuel M.Kinney their attorney or agent, and him or them examine upon
his her or their corporal oath (to be by you administered) touching their knowledge of any thing that may relate to a certain matter
of controversy, now peinding in our Circuit Court , for the county of St. Louis , wherein Julia a woman of color
is plaintiff and Samuel MKinney is
defendant on the part of the Plaintiff and having so reduced the said depostions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this Eleventh day of November in the year
of our Lord, one thousand eight hundred and thirty-three Archibald Gamble Clerk, C.C.

writing depositions -/200 and at 12th hundred33 cts3 non $1, 502 Subpoenas 37Serving 2 Subpoenas503 Certificates &75Witness fees200Clerks fee certificate & Seal50

COUNTY OF ST. LOUIS , SCT. 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 Harrit an Infant of color (who sues by G A Bird
her next friend) or by Samuel J MKinney their attorney or agent, and him or them examine upon
his, her or their corporal 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 Harrit an infant of Color (who sues
by G A Bird her next friend) is plaintiff and Samuel J M Kinney is
defendant on the part of the Plaintiff and having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this Eleventh day of November in the year
of our Lord, one thousand eight hundred and thirty three Archibald Gamble Clerk, C.C.

Supreme Court Third Judicial District of the State of Missouri
October Term 1833
Monday 21st October 1833
Court met pursuant to Adjournment-present all the Judges

Appeal from ST Louis Circuit Court
Now at this day come again the parties aforesaid by their
respective attorneys and the court now here being sufficiently advised of and
concerning the premises consider that the Judgment aforesaid in form aforesaid
by the said Circuit Court rendered be reversed and for nought held and Esteemed
and it is ordered by the court that this cause be remanded to the said Circuit
Court for further proceedings therein in conformity with the opinion of this
Court delivered in this case and it is further considered by the Court that the
said Julia the appellant recover againt the said Samuel MKinney the appelle
in this case her costs and charges by her about the prosecution of her appeal
in this behalf expended and that she have thereof Execution

Error to the circuit Court of St. Louis County

This was an action commenced under the Statute for freedom
verdict & Judgment against Julia the plaintiff- The bill of exceptions shews the
following case, that M Kinny the defendant bought the plaintiff as a Slave from
one Sucinda Carrington - that in the year 1829Mrs Carrington lived in the State
of Kentucky that she then had in her the plaintiff Julia as a slave, that
she then & there determined & declared her intention to be to remove & take with
her Julia to the State of Illinois , that a witness in this cause applied to her to buy
Julia telling Mrs Carrington that she could not hold Julia in Illinois as a
Slave, that if she took her there she would be free- Mrs C refused to sell Julia ,
said she would not keep Julia in Illinois but intended to hire her out in Missouri -
Accordingly Mrs C moved to Illinois , brought with her said Julia , arrived
in Pike county Ill about the 27th or 28th of October, settled herself there, purchased land
& she kept Julia there with her till about the 1st of December the same year exercising
the ordinary acts of ownership & dominion over her which are usually exercised by
masters over their slaves- That in the meantime Mrs Carrington hired Julia about
two days to some person to work, which work was performed and that she received pay
therefor, that about the 1st of December in the same year Mrs Carrington sent Julia
to Louisiana Missouri a distance of about 30 miles and hired her out that Julia lived
in Missouri sometime, became sick, and that Mrs C, then sent for Julia took her home
into Pike county in Ill. where she was kept till she recovered her health - that then
Mrs C, took or sent Julia to St Louis and sold her to S M Kinney the defendant- several
instructions were asked by the defendant which were given and Excepted to, the defendant
also moved for a nero trial, which was refused- The first instruction given by the Court
is that if the Jury believe from the evidence that the plaintiff Julia was taken into the
State of Illinois by her owner without any intention on the part of such owner to make
that State the residence of Julia that the plaintiff is not entitled to recover in this
action, we will consider this instruction before we notice the others - the plaintiff claim
to freedom is based on the 6th article of the constitution of the state of Illinois which
declares that neither slavery nor involuntary servitude shall hereafter be introuduced
into this state otherwise than for the punishment of crimes whereof the party shall
have been duly convicted,-the article then goes on to make some provision with regard to
hiring persons bound to service in other states and concludes by saying any Violation
of this article shall effect the emancipation of such person from his obligation to service
we see by this constitution that the very introduction of Slavery works an Emancipation
of the slave and it is argued that if we give this constitution a literal construction no one
can travel through that state with his slaves without emancipating them - It is true
that a literal construction would lead directly to this result. Every law should be
adjudicated on with a view to the end and object thereof, the object of the constitution
of Illinois was not to prevent persons owning slaves in Kentucky from passing through
Illinois with their slave property to Missouri , but to prevent the relation of master and
slave from existing in that state by an inhabitant and resident thereof. We are farther-
more of opinion that all persons who are citzens of any of the states have a right by the
constitution of the United States to pass through Illinois with any sort of property that
they may own in the state where they migrate from. - The 2nd Section of the 4th article
of the constution of the U.S. says that the citzens of each state shall be entitled to
all the privilegs and immunities of citizens in the several states we are of opinion
that it is the undoubted right of every citzen of the United States to pass freely through
every other state with his property of ever description including negro slaves without
being in anyway subject to forfeit his property for having done so provided he does
not subject his property by a residence to the action of the laws of the state in which
he may so reside- another view of the subject is that out of the general words of
the Illinois constitution of necessity exceptions must be raised, though it is true
that slavery shall not be introudced in that state under penalty of forfeiting the
property yet it can be introudced so far and to permit persons passing through the state
as Emigrants or mere travellers to carry with them their slave property and to retain
in them their their right to such property while they retain the character of Emigrants
or travellers otherwise there could be no emigration through the state with slave
property which is a thing it cannot reasonably be supposed the constitution of Illinois
intended to forbid, How long the character of Emigrant or traveller through the state
may last cannot by any genral rule be determined, but it seems that reason does
require it should last so long as might be necessary according to the common mode
of travelling to accomplish a trandit through the state, if any accident should happen
to the emigrant which in ordinary cases would make it reasonable and prudent
for him to suspend his journey for short time we think he might do so without
incurring a forfeiture if he resumed his Journey as soon as he safely could, something
more than the more convenience or ease of the emigrant ought to intervene to save
him from a frofeiture something of the nature of necessity should exist before he would
or ought to be exempt from the forfeiture - if swollen streams of water which could
not be crossed without danger should intervene, serious sickness of the family, broken
wagons & the like should exist, these would be good causes of delay so long as they exist
if the Journey is resumed as soon as these impediments are removed provided also
due diligence is used to remove them - In the case before us the owner of the

The slave was not an Emigrant but went into Illinois with an avowed view to make that
state her home, she took up her residence there with her slave in her possession & kept the
slave there for upuwards of one month, and treated the slave in all respects as slaves are
treated in states where slavery is allowed, these acts of the owner surely amounted to the
introduction of slavery in Ill: unless therefore the case can be brought within some reason-
-able and Equitable exception to be engrafted on the constitution of Illinois the palintiff
will be entitled to exact the forfeiture of Emancipation- In this case we see nothing in the
nature of accident to prevent the owner from taking the plaintiff to Missouri immediately -
The excuse set up is that the owner was a widow and might not have had the means of
immedide transportaion of the slave to missouri, that she was a new comer in the country &
might be poor &therefore unable to do it, that some reasonable time ought to be allowed to
her to provide a residence for herself and family and that one month in this case is not
too much, we are of opinion that the excuse to raise an exception must be something more
than the mere convenience or inconvenience of the owner. - But the instruction assumes
that if the owner did not intend to make Illinois the residence of the slave then there is no
violation of the constitution, Is it true that if a person says he does not intend to do an act
& yet does it that the act is not done- the constitution of Ill: does not regard the intention
to introduce or not to introduce slavery but prohibits the act- If a person says he
does not intend to introduce slavery yet if he does introduce it defacts can the innocent
intent save him from the forfeiture, we think it casnnot, unless he can also show that his
caseraises a reasonable and necessary exception. But in this case the evidnece is that the
owner did intend and infact did introduce slavery in Illinois but declared that she did
not intend to continue it for any length of time but that she would take the slave to Missouri
and there hire her out, but suppose the owner did not intend to make Ill: the place of
the slaves residence permanently but only for one month, yet slavery is introduced and
continued for the mere convenience of the owner without any circumstances which raise
a just or even a resonable exception in her favor. - The case of Winney vs. Whiteside
decided by this court has been cited to prove that what the owner intended is to be a criterion
to govern the question of freedom or slavery - that was a case where the owner of a slave
removed to the northwestern territory now Illionis, with the slave with the intent to make
that country his residence, and he did in fact make it his residence as well as that of
his slave also- The ordinance of Congress for the Government of that territory declares
there shall be neither slavery nor involuntary servitude in the Territory - This court
decided that if the owner went there with a slave with intent to make that place his
permanent residence and the residence of his slave and did in fact do so that the slave
was by such residence free But the court did not decide that the slave was free by reason
of the intent being declared - The second instruction given assumes that the slave
is not entitled to freedom because she was taken to Illinois and remained there till she was
cured of sickness, we will give no opinion on this point as we consider the case fully
decided on the first and 3rd instructions. - The third instruction is, that the plaintiff
is not entitled to recover under the second section of the 6th Article of the constitution of
of Ill. - The section delcares that no person bound to labor in any other state shall
be hired to labor in this state except within the tract reserved for the salt works It then
concludes as before stated that any violation of this article shall effect the emancipation
of such person from his obligation to service, whether this instruction intends to decide
that the facts testified are true or untrue or only decides that the proof and case made does
not in law entitle the party to recover we do not exactly know, it seems however that
the instruction is wrong because it decides both the fact and the law - But if the instruc-
tion only assumes to decide the law yet it is wrong, the evidence is that after the slave was
fairly introduced into Illinois and settled for the time being but with an intent on the
part of the owner to remove the slave at some future time to Missouri , the owner did hire the
slave to a person to labor for one or two days & received the pay for the hire - The court instructed
the Jury that this hiring is not a hiring within the prohibition above cited, We suppose the
circuit court thought the degree or quantity too small- We believe the object of this prohibi-
tion was to prevent slave labor from becoming a substitute for white or free labor throughout
the state, the constitution makers have therefore prohibited the thing in every possible
degree, here was a hiring of a person bound to labor in Kentucky whilst in Kentucky ,
brought into Illinois (not to reside there say, if you will) and hired to labor for one or
two days by the owner, what difference can it make if the hiring had been for 100 days,
We see none except in the degree or quantity of time. - With regard to the motion for a new
trial we think the court erred in refusing it, the reasons assigned for the new trial are
that the verdict is against law & Evidence, the Evidence is sufficient to bring the case within
the operation of the constitution - The Judgement of the Circuit Court is reversed, the
cause is remanded for a new trial

M M Girk
George Tompkins

I think the Circuit Court erred in giving the 3rd instruction - assuming to decide the facts
as well as the law of the case; & therefore concur in reversing the Judgment - The 1st & 2nd
instructions were in my opinion properly given. The claim to freedom under the provisions
of the Illinois Constitution must be founded either upon a residence of the Slave, or a hiring
of the slave to labor what shall amount to a residence or a hiring against the provisions
of the constitution must depend upon the facts & circumstances of each particular case.
A bare removal into the State can form no ground on which to set up the claim: Es-
pecially when it is shewn that the removal is not made with a view to residence. The
intention of the owner as previously declared is the only evidence that can exist in
such a case. To hold then that it matters not whether the owner intends to make Illinois
the residence of his slave or not is to exclude (as it appears to me) the only evidence that can
exist where the claim is founded on a bare removal to the State - the intention with which
a thing is done, gives color & character to almost every transaction, the emigrant who
journeying to Missouri unfortunately gets his leg broken, or being detained by serious
sickness keeps his slaves with him in Illinois for weeks or months until he recovers
sufficiently to resume his Journey will not thereby forfeit his property in his slaves, and
why ? because his residence for a week a month or a winter was unintentional and
accidental & the slaves were detained there without any intention of his part of making
it the place of their residence so the owner of a slave who in passing through Illinois
permits the slave at night to brush his landlord's boots, or make his fire, or shuck his corn
for such reward as the landlord may think proper to give would not surely be adjudged
to forfeit his slave under the provisions of the 2nd sec of the 10th Article of the Constitution
and why ? because the owner did not intend in taking his slave to Illinois or in Jour
-neying through, or sojourning in the State to hire him to labor - for it will not be contended
that the master did not intend that the slave should perform the particular service &
receive therefor the Stipulated reward; that is brush the boots or make the fire &

receive therefor the 12 1/2 cents or the half pint of whiskey - thus it seems to me that the facts
& circumstances in every case are to be weighed with the intention of the parties acting therein
& to be charged therefor. The introduction of slavery or the attempt to introduce it is
regarded in some sort as a criminal act & is punished by a forfeiture of the property intro-
duced- we must then look to the intention of the party introducing the slave to determine
the degree of guilt & see if the Spirit of the Constitution has been violated since it is clear
it's letter cannot be enforced any other doctrine will convert the kind & tender nursing
by the master of his sick & helpless slave into a sort of crime

R. Wash .

State of Missouri sct

J Joseph C Brown Clerk of the Supreme Court for the
third Judicial District of the State of Missouri do certify that the above is a
true copy of the Judgment rendered by said Court at October term thereof in the
year Eighteen Hundred and thirty three in the case of Julia appellant and Samuel
M Kinney appellee and of the opinions of the Court delivered in said cause at
the term aforesaid at the same now remain of Record in my office

Given under my Hand and the seal of the
said Supreme Court at office in the city
and county of St Louis in the District afore-
said this Sixteenth day of November in
the year of our Lord One thousand Eight
Hundred and thirty three Joseph C Brown Clerk

No 66
March term 1831

Transcript from Supreme Court

Filed 16th November 1833
Archibald Gamble Clerk

Depositions of witnesses taken before
me Andrew Philips a justice
of the peace within and for the
County of Pike and state of
Illinois at the dwelling house of Andrew
Philips at Philips Ferry on the Illinois
River in the County of Pike and
State aforesaid on the twenty first
day of November in the year
of our Lord Eighteen Hundred
and thirty three between the
hours of Eight O Clock in the
forenoon and six o clock in the
afternoon of said to be heard
in evidence in two certain cases
now pending in the Circuit Court
for the County of St Louis and
State of MissouriMissouri in
one of which Julia of colora
woman of color is plaintiff and
Samuel M Kinney is defendant
and in the other Harriet an infant
of color who was
by G. A Bird her next friend is
plaintiff and Samuel J M Kinney
is defendant pursuant to the
Anexed Commissions and notice
taken on the part of the plaintiff
in each cause

Nancy Bright of lawful age
being produced sworn and examined
on behalf of the plaintiff in each
of said causes deposeth and
that on the Twenty seventh or twenty
eighth day of October A D 1829Mis Lucanda
Carrington arrived with her family in
the state of Illinois - she said she came from
Kentucky & intended to settle on Illnois
She brought with her Julia & Harriet
the Daughter of Julia as she was called
Mrs Carrington remained at Philips
ferry one without intending
her and in one or two days
after her arrival she went about
a mile & a half between this place
& went into a house called Bennits
hence where she spent the winter on

on the last part of deponent was
then being at Philips Ferry had known
Mrs Carrington in Kentucky soon after Mrs
Carrington arrived in Illinois she told
Deponent that She Mrs Carrington
had every thing to & that if Depon-
int should at any time want the plaintiff
Julia to work for her she could hear her
& could pay her for Julias work in
any thing she had to spare Julia the
Plaintiff worked for me one or two
days & I paid for her work in
soap. Mrs Carringtons came
for the soap & said then mother
had sent them for the soap for Julias
washing. I frequently saw Julia &
Harriet with Mrs Carringtons family
in Pike County Illinois between the
time of her arrival & christmas not
following - Mrs Carrington told deponent
She had been offered a grand price for
said Julia & Harriet in Kentucky
but she did not want to sell them
while Julia was in Illinois she was
engaged in Mrs Carringtons business
& obeyed her commands as slaves
generally do some time about
christmas Julia & Harriet were sent to Missouri
to be hired out in
Mrs Carrington has lived in Illinois since
her arrival in 1829. & soon after she
purchased land as she informed me in this
County & on the County of Morgan
I heard the defendant
M Kinney say he had purchased said
Julia & Harriet from Joseph Carring
ton & that he intended to bar Joseph
& Carrington selling
Harriet & Julia for slaveswhen they
were free

Nancy Bright Sworn & Subscribed to before
me on the day between the
hours & at the place first aforesaid Andrew Philips

William Scholle of lawful age being present
& sworn on the part of the plaintiff
in cause deposeth & saith
that he has been accquainted withMrs
Carrington since her arrival
in the state of Illinois inOctober 1829
She spent the fall & Winter in this
county about a mile & a half below
this in March or February she settled
on a piece of land adjoining the
one she
Miss Carrington brought with her
a negro woman Julia who had
a child called Harriet about 4 or
five years old Mrs Carrington

kept said Julia & Harriet in Illinois
until some time before Christmaswhen
they were sent to Lousiana in Missouri
& hired out as I understand from
Mrs Carrington & her son Joseph
The evening before Christmas Mrs
Carrington had a daughter married
Julia was sent for as I understand
from Mrs Carringtons family & I think
from Mrs Carrington to assist in
cooking for
was at the & saw Julia
engaged in services about the house
of Mrs Carrington

In the summer or fall of 1830
I saw Julia at the house of Mrs
Carrington in Illinois She was
then said to be unwell
I think about September 1830 Mrs
Carrington & one of her sons & one
of her daughters stayed all night
at my fathers in Illinois Julia
one of the plaintiffs was with
Mrs Carrington & family They had
been engaged as Mrs Carrington
then said at one John B
Mathews in spreading -
Julia was thenapparently well
and had been engaged in spreading
as Mrs Carrington said
Benjamin Mathews a daughter of Mrs Carrington
in the summer
& fall of 1830 he lived in Morgan
County Illinois distant about 12 or
14 miles from where Mrs Carrington
lived Harriet was always in Illinois
with Julia her mother
when Julia came from Missouri
to a third the aforesaid
Julia while she was in Illinois was
in the service of Mrs Carrington
& there to her between
Mrs Carrington & Julia & Harriet
that relation which generally
subsists between Master & Slave

Sworn & Subscribed to
before me on the day between the hours
& at the place first aforesaid
Andrew Philips J S

State of Illinois Pike County

I Andrew Philips a
Justice of the Peace within & for said
State & County do certify that the
deponents Nancy Bright & William
Scholle were by me duly sworn to testify
the whole truth of knowledge
touching the matters in controversy
between the parties aforesaid in each
of the above suits that then
wereby mereduced to writing
& by the deponents respectively subscribed

in my presence on the day between the
hours & at the place on that behalf
Just aforesaid pursuant to the
commisions & notice witnesses
my hand at Phillips Ferry Pike County
Illinois November 21st 1833

Andrew Philips J S

State of Illinois
Pike County

I William Scholle clerk of
the County Commisions court for the County
of Pike & State of Illinois do certify that
Andrew Philips whose signature is subscribed
to the foregoing certificate is
at the date of said certificate on
acting Justice of the peace within & for
the county of Pike & State of Illinois
duly commissioned & qualified at such
& that full faith & credit is due
to his acts as such

In testimony whereof I the said
clerk do here to subscribe my name
& the seal of said Court
at office at in said county
the twenty first day of November
in the year of our Lord
Eighteeen Hundred & thirty three

Depos of
Nancy Bright
for
plaintiffs

opened sfiled
nov 25 1833
A Gamble Clerk

The Dept excepts to the depositions of
Nancy Bright and William Scholle filed in this case

1st Because then was no legal notice given of the time
and place of taking depositions

2d That the depositions were not taken in pursuance of
the notice given
3d That the depositions are not properly certified.

for

Exceptions to Depo

Filed 6th December 1833 Archibald Gamble Clerk

State
State of Illinois
Pike County

John B Mathews of lawful age
being produced sworn examined on the part
& behalf of the said Defendants, Deposeth & saith

Mrs Carrington came to this County in the fall
of the year 1829, when the weather was very
cold - her horses ran away soon after getting
here & under all the circumstances, she sent
her negros to Missouri as soon as was practic
able even before she made any settlement
in this Country, Julia a woman of Colour
& her her child Harriet are the Negros I
refer to - They were carried to Missouri
in the Month of November 1829. By Joseph
Carrington , the son of Mrs Carrington
The said Julia never did any labour at
my house or for me at fear or at
any other thing - at the time aforesaid
there was no other man but myself in the
Neighbourwood in which Mrs Carrington
then lived of the name of Mathew, at the
time aforesaid when Mrs Carrington came
to this county. The ice was very
badly in the Mississippi River , it was
dangerous to cross the River.

I am well acquainted with the general
character of William Scholle - It is very
bad - I do not think him entitled to face
credit as a witness

I am & have been for nine years past
well acquainted with the charge
s of Nancy , now Nancy Bright
& formerly the reputed wife of
Philips - her character is very bad
I would not believe her statements, made
under oath as a witness, from a knowl
edge of her character.

The said Julia came back to Mrs Carrington
during the christmas holidays 1829 leav
ing her said Child in Missouri - She
was taken back to Missouri / in about 2 days
after Christmas aforesaid J B Mathews
I M.E. Rattau one of the Justices of the
peace within & for the county of Pike
do hereby certify that J. B. Mathews, the
deponent was by me sworn to testify the whole
truth of his knowledge touching the matter
in controversy the case aforesaid that
the deponent was examined & his exam
ination reduce to writing & subscribed
& subscribed by said Deponent in my
presence on the 27th day of march 1834
between the hours of Ten O Clock AM &
3 O Clock PM at the court house in
Pittsfield in the county of Pike & state
of Illinois

Given & certified this 27th day
of March 1834 M.E. Rattau I. P.

of lawful age being produced
sworn & examined on the part of the said Defen
dant, Deposeth & saith

I was present at Andrew -Philips'
in Pike County at a time when the Deposi
tions of Nancy Bright & William Scholle were
taken by Mr Bird to be used as evidence
in this case- Mr. Bird wrote the Depo
sitions in many respects differently from
what he was directed by the deponents, &
at the request of the Deponents he would
not correct the depositions saying for
excuse that they were the same in

meaning with the true answers. This deponent
believes the Depositions as taken by the
said Bird had a very aifferent mean
-ing
from that which the Deponents
intended they should have

Elvin his XMcWorthy
mark

I ME Rattau an acting justice of Pike county and state
of Ill do hereby certify that Elvin McWorthy the
deponent was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy in the
cause aforesaid that deponent was examined and his
examination reduced to writing and subscribed by said
deponent in my presence on the 27th day of March
D 1834 Between the hours of 8 o clock A.M. and 6 o clock
P.M. at the court house in Pittsfield Pike County
and state of Ills

given and certified the 27th of March 1834ME Rattau

I ME Rattau an acing justice of the peace in & for the
county of Pike & State of Illinois do certify that in pursuance
of the within commission & notice came before me at the court
house in Pittsfield in Pike County & State of Illinois Joseph J
Burnett Willam Burnett J boston Wills John A wiveron
Nathan Philips John B Mathews & Elvin Mcworthy
who were there by me sworn and examined and such
examination reduced to writing and subscribed by them
respectively in my presence and there said depositions
are now here with returned given at Pittsfield
in the county of Pike and State of Ills
this 27th day of march AD 1834

ME Rattau

State of Illinois
Pike County

It is hereby certified, that
Mecarel E. Rattau, Esbr, on the twenty sev-
enth day of March in the year of our
Lord eighteen hundred of thirty four
was & is an acting Justice of the
peace within & for said county of Pike
& State of Ilinois duly commissioned &
acting as such, & that full faith & credit
are due to his acts as such-

In testimony where J W. Ross
clerk of the county court court
of said county have herewith
subscribed any & affixed
the seal of said court at
Pittsfield their 27th day of March A.D 1834W Ross. Clerk

Opened filed
March 31st 1834

A Gamble clk
for Defendant

Depositions of witnesses proudced sworn & examined at
the court house in Pittsfield in the county of Pike & State of
Illinois before me E Rattau an acting Justice of the
peace in & for the county & State aforesaid in a certain cause now
depending in the circuit court in & for the county of St Louis
and State of Missouri between Julia a woman of color and
Plaintiff and Samuel J M Kinney Defendant on the part
of the defendant.

Joseph J Bennet of lawful age being produced sworn
and examined on the part of the defendant deposeth & saith
that Lucunda Carrington served into Pike County Illinois
sometime in the full of 1829& brought with her a woman of
color caled Julia and a small negro give the daughter of said Julia
the weather was cold & stormy & the ice was in the Miss
ippi river so as to make it dangerous crossing it That
she Mrs Carrington applied to this deponent and obtained
leave to stay in one of his houses until she coulg get on
to Missouri That about the time Mrs Carrington stopped
in Pike County aforesaid her horses strayed off that she this
deponent was acquainted with Mrs Carrington
during the the said negros remained in said Pike
County & that she always manifested great anxiety to
have them taken out of the state of Illinois and that
she did send them on to Missouri as soon as her horses were
found and the Mississippi could be crossed with
any kind of safety.

That he is acquainted with the general character of Nancy
Bright & could not from her general character believe her
under oath That the said Nancy Bright was the respected
wife of Numrod Philips and lived with him as such till
his death when it was ascertained that her proper name
was Nancy Morris & that she was not the wife of said
Philips she married a Mr Bright
and further this deponent saith not

I ME Rattau an acting justice of the peace in and for the
county of Pike and state of Ills do certify that Joseph
J Bennet the deponent was by me Sworn to testify the
whole truth of his knowledge touching the matter in
controversy in the cause aforesaid that the deponents
was examined and his examination reduced to
and subscribed by sd deponent in my presence
on the 27th day of March D 1834 between the hours
of 8 o clock AM and 6 o clock PM at the court
house in Pittsfield in the county of Pike and state
of Ills given and certified the day last aforesaid

ME Rattau

William Bennett of lawful age being produced sworn &
examined deposeth & saith that Lucinda Carrington got
a house of his father in the fall of 1829 for a short time
until she could travel on to Missouri That she Mrs Car
rington was moving as he then understood from Kentucky to Missouri
That she had with her a negro woman called Julia and her
child called Harriet that the weather so cold as to
make it very difficult for movers to travel that
It was also understood that the crossing of the Missippi
was dangerous because of ice.

That Mrs Carrington was extremely anxious to get on
to Missouri as soon as the weather moderated & her
horses were found & the river could be safely crossed
Joseph Carrington her son carried said negro to
Missouri

I ME Rattau an acting justice of the peace
in and for the county of Pike and State of

Ills do certify that William Bennet the
deponent was by me sworn to testify the whole
truth of his knowledge touching the matter in
controversy in the cause aforesaid, that
deponent was examined and his examination
reduced to writing and subscribed by said depo
nent in my presence on the 27th day of March
AD 1834 between the hours of 8 o clock AM
and 6 o clock PM at the court house in Pittsfield
in the county of Pike and state of Ills
Given and certified the day last aforesaid

ME Rattau

of lawful age being produced sworn & examined
on the part of the defendant deposeth & saith
That he was present at Andrew Philips in Pike county
State of Illinois when the depositions of Nancy Morris &
Anne Philips were taken in the above cause on the part of
the plaintiff the depositions were written by Mr Bird
the plaintiff's attorney the deposition of Nancy Morris
was taken in the name of Nancy Philips & where she came
to sign it she said that was not her name that her name was
Nancy Morris and signed it accordingly

That when he Mr Bird had written several answers the
Witnesses objected that they were not correctly written
& Mr Bird said it was the same thing in substance and
did not alter them that Mr Bird was in the neigh
-bourhood several days before the taking of the depositions
and that deponent saw sid Bird & Nancy Morris out on
the river bottom together killing wild ducks before
the depositions were taken and that he this deponent
was a while with them & then left them trying to get
a duck out of the water which he this deponent shot
that Nancy Morris was some times called by that name
and at other times Nancy Philips & that she is now
called Nancy Bright having married a man of that
name but from whom she is now - divorced & that Anne
Philips is now maried to a man of the name of
That he has been accquainted with Nancy Morris for
twenty years and that her character has always
that time been bad that he is well acquainted with
the general character of William Schoell and
that he could not prove that character believe him
under oath

I ME Rattau an acting justice of the peace in and for Pike
County and state of Ill do hereby certify that the
deponent was by me sworn to testify the whole truth of his know-
ledge touching the matter in controversy in cause afore said, that
deponent was examined and his examination reduced to writing, and
subscribed by said deponent in my presence on the 27th day of
March AD 1834 between the hours of eight in the morning and
six in the afternoon at the court house in Pittsfield
Pike County and state of Ill

Given and certified this 27th day of March AD 1834ME Rattau

John A Windsor being produced sworn & examined deposeth
& saith that he was present last fall at Andrew Philips' in
Pike County State of Illinois when the deposition of William Shull
was taken in the above cause on the part of the plaintiff that it was written
by Mr Bird the plaintiff attorney That deponent saw
Mr Bird pay Mr Shull a dollar or upwards for his attend
ance as a witness and heard said Bird tell him he would
also pay his bill for his nights lodging to Mr Philips
and that Mr lawful fee for attendance would
have been fifty cents

John A Windsor

I M.E. Rattau an acting justice of the peace in and for Pike
County and state of Ill do hereby Certify that John A Windsor
the deponent was by me sworn to testify the whole truth

of his knowledge touching the matter in controversy in
the cause aforesaid that the deponent was examined
and his examination reduced to writing and subscribed by
said deponent in my presence on the 27th day of
march AD 1834 between the hours of 8 o clock in the AM
and 6 in the PM at the court house in Pittsfield Pike
county and state of Ill, given and certified the
27th of March 1834

M.E. Rattau

Nathan Philips of lawful age being produced sworn
and examined deposeth & saith that he is accquainted with
Nancy Morris and that he would not beleive her underoath
if she was interested or prejudiced in the case that she is
the same person that is now called Nancy Bright & that
he heard her express herself in an unfriendly manner
towards Mrs Carrington before her deposition was
taken in the above cause on the part of the plaintiff

Nathan Philips

I M.E. Rattau an acting Justice of the peace in and
for the county of Pike and state of
Ill do here by certify that Nathan Philips
the deponent was by me sworn to testify the
whole truth of his knowledge touching
the matter in controversy in the cause
aforesaid that the deponent was
examined and his examination reduced
to writing and subscribed by said deponent
in my presence on the 27th day of march
AD 1834 Between the hours of 8 o clock A.M. and
6 o clock in the P.M. at the court house in Pittsfield
Pike county state of Ill given and certifi
-ed the 27 day of March AD 1834

M.E. Rattau

In the circuit court for the county
of St Louis State of Missouri To Julia the above named plaintiff and Gustavus
A Bird her attorney

you are hereby notified that depositions of witnesses to
to be read in evidence in the above cause On the part of the defend
ant will be taken at the office of Archibald Williams in the
town of in the county of Adams & state of Illinois on the eighteenth
day of March next between the hours of 8 o clock in the forenoon and
6 O clock in the afternoon and also at the court house in Pittsfield
in the county of Pike in the state of Illinois on the twentyseventh day
of March next between the hours of six o clock in the forenoon and six
o clock in the afternoon and if it be necessary to continue the taking of
such depositions at either of the above places beyond the day appointed
for taking them at such place the taking thereof will be continued from
day to day at the same place and between the same hours until the whole
shall be completed

H B Gamble att for DeptFebruary 27. 1834

COUNTY OF ST. LOUIS ,SCT. 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 cricumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by Julia a womam of color or Samuel J
M. Kinney their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you adminsitered) 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 Julia a woman of color
is plaintiff and Samuel J M Kinney is
defendant on the part of the Defendant and having so reduced the said depostions so taken by
you as aforesaid into writing, your are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuit Court , at the city of St .
Louis , this twenty seventh day of February in the year
of our Lord, on thousand eight hundred an thirty four. Archibald Gamble clerk, C.C.

COUNTY OF ST. LOUIS ,SCT. State of Missouri ,To any Judge or Jusitce of the Peace of The State of Missouri
--GREETING.

WE, reposing special trust and confidnece in you integrity and cirumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by Julia a woman of color or Samuel
J M Kinney their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you adminstered) 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 Julia a woman of color
is plaintiff and Samuel J M Kinney is
defendant on the part of the Defendant and having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed undre your seal, to our
said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuti Court, at the City of St .
Louis , this twenty seventh day of February in the year
of our Lord, one thousand eight hundred and thirty- four. Archibald Gamble Clerk, C.C.

STATE OF ILLINOIS,
Adams COUNTY,
Sct.

I, Henry H. Snow Clerk of the County Commissioners
Court for the county aforesaid, do hereby certify that James H Raleton
whose name is subscribed to the foregoing certificate was at the time of subscribing
the same, an acting Jusice of the Peace within and for the county of Adams
aforesaid, duly commissioned and qualified, and that full faith and credit is and
ought to be given to all his official acts as such.

In testimony whereof, I have hereunto set my hand and
affixed the Seal of the County Commission
court this 19th day of MarchA.D. 1834. Henry H Snow Clerk.

State of Illinois
Adams county

The deposition of witness produced sworn
& exmanined at the office of A
Williams Esq & in the town of in the
said county of Adams in the state of Illinois
before me a justice of the
peace within & for said conty in a certain
cause now depending in the circut court
for the county of St Louis state of Missouri
between Julia a woman of colour
plaintiff & Samuel J M Kinney , Defendant
on the part of the said defendant

Henry Baitman of lawful age being
deposeth & saithproduced sworn & ex
amined on the part of the said defend-
ant deposeth & saith, in answer to Inter
rogatories

Interrogatory
1st And you acguainted with the parties
in the of this suit named &
so at what time did you become acguaninted

Answer - I am not acquainted with defendant
Mrs Carringtion came into Pike county Illinois
near to Philips ferry in the neighbourhood
in which I then lived & brought with her
a woman of color named Julia , who
I suppose to be the Plaintiff to this suit
on or about the 15th day of November
1825, She the said Julia continued
there with Mrs Carrington about
two weeks during which time I was acqu
ainted with her. At the end
of which time she was taken by Joseph
Carring since deceased (the son of Mrs Carringtion)
to Missouri & there hired out to labour, since that time I have not been ac-
quaninted with her or seen her more than
once.

Interrogatory
2nd When & where did your see her afterwards

Answer to
2nd. Interrogatory About the time of Christmas Holidays of
the year 1829. I saw her at Mrs Carring
tonsaforesaid.

Question 3rd. At what time did she return to Missouri
again, & who went with her.

Answer She returned the monday after Christ
mas & Joseph Carrington aforesaid
went with her

Question 4th. Did her little Daughter go with
her to Missouri at that time

Answer No The child went with her when
She first was taken to Missouri &
had not been brought back to
Illinois

Question 5th. Do you know why Julia was not
taken to Missouri immediately
after Mrs Carrington brought her
to the neighbourhood of Philips
ferry

Answer - About the time she came there her
(Mrs Carrington's) horses ran away &
were gone about a week during
which time Joseph Carring (her only son
able to do business) & myself were
hunting for them - It was also
understood that The Missippi
River could not be safely crossed
at that time on account of ice
in it.

Question 6th. Was or was not Mrs Carrington about the
time anxious to send the said Julia
to Missouri without delay

Answer She manifested much anxiety to send
her, & did send her as soon as was
practicable

Question 7th. Are you acquainted with the gener
-al character of Nancy Bright ,

Answer - I have been acquainted with her
general character for four years

Question 8th. From your knowledge of her
Character, would you beleive her
evidence given under oath

Answer In a case where she has prejudice
I beleive she would be as apt to sware
falsely as to sware the truth

Question 9th. Is the said Nancy Bright the same
person who was formerly reputed to be
the wife of Philips & did she
live with said Philips as his wife

Answer - She is the same person & she did
live with the said Philips as his
wife

Question 10th. Do you know what was her proper name
when she lived Philips

Answer I do not but I have understood It was
Nancy Morris

Question 11th. Was the said Nancy friendly with Mrs
Carrington

Answer In the years 1829 & 1830. when I was last
personally acquainted with her she
was very unfriendly with Mrs Carring
ton

Henry Baitman

I James A Ralston a Justice of the Peace within & for
the county of Adams & State of Illinois , do
here by certify, that Henry Baitman, the Deponent
was by me sworn to testify the whole truth of
his knowledge touching the matter in contro
versy in the case aforesaid That the Deponent
was examined & his examination reduced
to writing & subscribed by said Deponent
in my presence on this Eighteenth day of
March Eighteen hundred & thirty four, between
the hours of Ten o clock in the fournoon & of
Two o clock in the afternoon at the office of
A Williams Esq in the town of in the
County of Adams & State of Illinois
Given & Certified by me this 18th day of
March in the year 1834.

James A . Ralston

State of Illinois
Adams County

I James A Ralston Jus-
tice of the peace within & for the County
of Adams, & State of Illinois , do Certfy that
in pursuance of the within commissions &
notice, Came before me, at the office of
Archibald Williams in the town of
& County & state last aforesaid, Henry
Baitman, who was there by me sworn &
examined & such examination reduced to
writing, & subscribed by him in my
presence & his said depositions is
now herewith returned.

Given at in the County
of Adams & state of Illinois , this
18th day of March 1834 James A .Ralston for taking the aforegoing Deposition H
Advanced by defendant,

for Deft

opened & filed
March 26 1834 A Gamble clk

COUNTY OF ST. LOUIS ,SCT. 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 Julia (a woman of color) or by Samuel M Kinney
or her or his attorney or agent, and him or them examine upon
his, her or their corporal 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 Julia is
plaintiff and Samuel M Kinney is
defendant on the part of the Plaintiff and having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said Circuit Court , with all convenient speed.

WITNESS, Archibald Gamble , Clerk of our said Circuit Court , at the City of St .
Louis , this tenth day of April in the year
of our Lord, one thousand eight hundred and thirty-four
Archibald Gamble - Clerk, C.C.

Farm of heading & certifying Depositions
“ The depositions of witnesses taken before me
“ A P. a Justice of the peace within & for the county
" of Pike and state of Illinois at the Court house
“ in the town of Pittsfield in said county on the
(here insert the day, or days when the depositions
shall be taken) between the hours of eight
O clock in the founoon & Six O clock in the
afternoon of the same day (or days)between
the hours ofto be read in evidence in a
certain cause pending in the court &
between the parties in the -
commission mentioned

A B of lawful age being produced sworn &
examined on the part of the plaintiff
deposeth & saith here insert the statement
of witnesses-. The witnesses must sign his
disposition & it must be written in presence
of the Justice & at the foot of each
deposition the Justice
must state the date
as follows sworn & subscribed
before me

This 17th day of april 1834APIP.

At the fact of all the depositions must be a
certificate in the following form

I A P a Justice of the peace within & for the county of
Pike & State of Illinois do certify that the above
deponents were by me duly sworn to testify the
whole truth of their knowledge touching the
matter in controversybetween the parties afore-
said that then examinations were reduced
to writing & by them respectively subscribed
in my presence on the days between the hours
& at the place in that behalf first aforesaid

A P J P

Nature has been on the defendant that
the plaintiff will take depositions at the
court house in the town of Pittsfield in the
county of Pike & State of Illinois on the
17th the day of april 1834between the hours
of 8 o clockA.M.& 6 o clock PM. of
that day & that she will continue
taking depositions there from day to day
between the same hours of each day
as is necessary

The depositions must be taken at the
very place must be begun on the
day between the hours named in
the notice to

G A Bird

The depositions of witnesses taken before me
Mearel. E. Rattau a justice of the peace within and for
Pike County and state of Ill at the court house
in the town of Pittsfield in said county on the seventeenth
day of April AD 1834 between the hours of 8 o clock
AM and 6 PM of the same day to be red in
evidence in a certain case pending in court between the
parties in the commission mentioned

Abram of lawful age being produced and sworn
& examined on the part of the plaintiff Deposeth & saith
Question are you acquainted with Mrs Lucunda Carrington and
if so how long (answer) before she came to the Ill
and since within one or two weeks after she came
Qn when did she come to the Ill
An” in oct” AD 1829
2 did or did she not bring A woman of color named
Julia and a child named Harriet .
Ans, she did and they was at my house frequently
that fall and winter

2 Did Mrs Carrington treat them as salves
Ans My understanding was that they was subject to Mr.
Carringtons control and in my presence was treated as
slaves

Ques, How long did Mrs. Carrington keep those slaves in
Ill. before she carried them to Missouri

Ans I cannot state the time But I recollect of
saying that she had as well be careful as she
might, get herself in difficulty By keeping slaves too long in the Illinois

Ques How long more you resided in the Ills

ans about nine years come fall in this county
Ques Do you know of Julias any feat for at
Mr for Mr Carrington

opened & filed
april 28 1834

A Gamble Clk

Ann Bickerdike of lawful age being Produced
and sworn on the plaintiff Deposeth and
sayeth Question state if you please when
Mrs Carrington Came to the Ills and whether
or not that she brot with her Julia
and Harriet persons of Color

Ans she came here the last of oct 1829
and did Bring Julia and Harriet with her
Question did Mrs Carrington treat Julia as
a slave. Ans Julia the plaintiff did
obey Mrs Carrington in my presence and Mr
Carrington called her her properly that is
She Mrs Carrington & family was at my fathers from wednesday till
friday during which time Julia obeyed
Mrs Carrington and did her work like any
one elses slave so far as i know
Question have you been acquainted with slavery
and know how they are treated by their
master & mistresses. Ans I have lived in a slave
state 15 or 20 years. Question do you know
of Julia washing for Mr Morris Ans I do
know that she washed for Mr Morris
State as near as you can how long Julia & Harriet
was in the Ill before they were sent to
the Missouri in the fall of of 1829Ans
I dont know exactly it might have been one month
and further the deponent saith not

Ann BickerdikeXmark

I M.E. Rattau A justice of the peace in and for the county and state
aforesaid do certify that Ann Bickerdike was by me
sworn and examined on the part of the plaintiff as touching
the matter where in Julia a woman of couloris plaintiff
and Samuel J M Kinney Defendant and her examination
reduced to writing by me on the 18th day of April AD1824
between the hours of 8 o clock AM and 6 PM of
the same day at the court house in

Pittsfield Pike County Ill

M.E. Rattau J.P.

of lawful age being produced and
sworn on the part of the plaintiff Deposeth
and sayeth Question will you state the time
as near as you can when Mrs Carrington Came to this
county Ans Sometime in Oct (the Latter Part)
in AD1829 Question Do you know that Mrs
Carrington brot with her Julia a woman of
Colour and her Child Harriet . Ans I do know
that She did Question Did you work for Mrs Carrington in AD1830
if you did how long Ans One month and a half
which work was done between the first of July1830
and first of Sept1830 Question Did Mrs Carrington
loose her Child in the time spoken of about the work
Ans She did Question. Do you know of Julias having
been at Mrs Carrington in AD1830 and if so how
long Ans She was there But I cannot tell how
long Question was Julia at Mrs Carrington while
the Child was sick. Ans I either saw her
at Mrs Carringtons while the child was sick or
afterwards (Question) Did you see Julia at
Mrs Carringtons in the year 1830 for 4 weeks or not. Ans
I think Not. Question Do you or not know
that Julia was at Mr Carringtons in AD1830
more than eight weeks Ans I do not
Question was or was not Julia to your Knowledge
at Mr Carringtons in AD1830 more than six
weeks. Ans, I do not know
Question Do you know that Julia was not
at Mrs Carringtons more than six weeks
in AD1830Ans I dont know that she was
there that long Question at what time do
you see Julia at Mrs Carrington 1830
Ans I dont remember
Ans Julia & some of the family stayed all night at my
house and in the morning word came for Julia to go
over to Mathises and spreadsome flaxthat Mrs
Carrington had got of and she went
Question are you acquainted with Haston Wells

Ans I am
Ques what is his character as to truth and
verasityin his neighbourhood in general

AnsIt is not good so far as I know
it isnot goodbad

Question Do you recollect of Mrs Carrington loosing her
horses shortly after she came here Ans, I did and I went and two of
the boys where I heard they were but when I got
there the horses had been there, just before, and had
left and was not found at that time

Ques How long did you understand her horses was lost
before she found them

Ans one week or ten days or about that time
Ques Are you acquainted with Nancy Bright , and if you
are what is her general character in relation to truth
and verasity

Ans I never heard it disputed or Doubted, untill
lately in taking Depositions in this case
now in Consideration

Ques are you acquainted with J.B.Mathis

Ans Yes

Ques Do you know that he married Mrs Carringtons
daughter the winter after she came here

Ans It is so he did and they have lived together
ever since and further the Deponent saith
not

I M.E. Rattau a justice of the peace in and for Pike
county and state of Ills do certify that the above
deponent was by me sworn to testify the truth in

Question in what time did Mrs Carrington
loose her child in AD1830 Ans I dont remem
ber in what time of the year it was. Question
was it between July and Sept1830 Ans
it was. (Question) at what time of 1831
did Mrs Carrington send Julia to St Louis and
sell her. Ans I dont know. Question Did
or did not Mrs Carrington keep Julia in the
Ill till it was much talked that she
would loose r or She Julia would or had got her
freedom. Ans There was a talk of it
in 1829. Question Hpw long did Mrs Carrington
keep Julia in the Ills in 1829Ans I
cannot tell how long. Question was Julia sick
when Brought from Missouri in 1830 and if so how
long did she remain sick Ans She so She
was, but I dont know how long she remained sick
and further the deponent saith not

Thomas Thomas K

I M.E. Rattau a justice of the peace in and for Pike
county and state of Ills do certify that
was by me sworn and examined on the part of the
plaintiff as touching the matter now under consideration
wherein Julia (a woman of colour) is plaintiff and
Sam J M Kinney is defendant, and his examina
tion reduced to writing by me on the 18th day of
April between the hours of 8 AM and 6 PMof
the same day AD1834 done at the court
house in Pittsfield County & State aforesaid

M E Rattau JP

State of Ills
County of Pike

I M.E. Rattau A justice of the
peace in and for the county of Pike and State
of Ills do certify that the above deponents was by
me sworn to testify the whole truth of their knowledge
touching the matter in controversy between the parties
relation to the mater in suit where in Julia a
woman of Colour is plantiff and Sam J M Kinney
Defendant and his examination reduced to writing
by me and signed by him in my presence on the
17th day of April at the court house in Pittsfield between the hours of 8 AM
and 6 PM of the same day in AD1834

M E Rattau

William Shoell of lawful age being produced
and sworn & examined on the part of the plantiff
Deposeth and saith

Question Are you acquainted with Mrs Carrington and if you are
how long have you been acquainted

Ans Ever since the fall of 1829 when she first
came to this state. I saw her the day after
her arrival at Philioes Ferry

Ques Did she bring with her, a woman of coulor named Julia and
Harriet her daughter

Ans she did or at least she told me so

Ques Did Julia & Harriet live with Mr Carrington
and were they treated as slaves

Ans they were treated as slaves But Mrs Carrington
was very kind to them, and they was subject
to her control & her Commands in my presence and
I was frequently there

Que how long did Mrs Carrington keep them Julia & Harriet here
before she sent them to Missouri

Ans she Brought them here in Oct and some
time after sent them as I understood to
Missouri and I saw her at Mrs Carringtons
the day before christmas at Mrs Carringtons
daughters wedding and she assisted in preparing
the dinner &c and I have no doubt but that she
stays at least one month in the Illinois before
she was sent away the first time

Ques how long she stay the second time before
she went back; Ans I think one week at least

Ques did you see Julia working at Mrs Carringtons after
she came over from Missouri , Ans I saw her
assisting in for the wedding as before
stated

Ques Is J B Mrs Carringtons

Ans he married Mrs Carringtons daughter Minerva

Quest Where did he live in the summer and fall
of 1830 and how far from Mrs Carrington

Ans in Morgan County this state and about
12 or 15 miles distant from Mrs Carrington

Ans Did you understand from Mrs Carrington
when she first came to this state the
intended to settle herself in this state

Ans I did understand that she was wishing
to settle here and consequently I went with
them to show them the county as they might
make a choice

Ques was it cold weather when Mrs Carrington
arrived and was there ice in the river

Ans the weather was not cold and no ice
in the river I with my sister cross the
river into Morgan County Ills and stay two
or four days and recrop back again and the
river was yet clear of and the
weather not disagreeable and further the
deponent saith not

I M E Rattau a justice of the peace in and for Pike County
and state of Ills do hereby certify that William
Scholl was by me sworn and examined on the part
of the plaintiff as touching the matter in suit
wherein Julia a woman of coulor is plaintiff
and Sam J M Kinney is defendant and his examinat
on reduced to writing by me on the 17 day of Aprile
aforesaid that 4 their examination were reduced
to writing by me and respectively subscribed in my
presence on the days of the 18 and 19th of april
between the hours of 8 am and 6 pm of the same
days1834 at the place and in that behalf
first aforesaid

ME Rattau

AD1834 between the hours of 8 o clock AM and
6 PM at the Court house in Pittsfield Pike CoIll

M E Rattau

Nancy Bright of lawful age being produced and sworn
and examined on the part of the plaintiff Deposeth
and sayeth

Question are you accquainted with Mrs Carrington
and if so how long Ans yes I have been long
before she came to this state from and
ever since she came to this county I have
seen her frequently at my house

Question Do you recollect how long Mrs Carrington
has been in this state. Ans she came
to this county sometime in Oct D 1829
to my house, but did not unload her
furniture there but she got a Cabin of
one Mr Bennet about one mile & a half
below where I lived where she went to and
she remained there till near spring

Question Do you know that Mrs Carrington Brot
Julia a woman of col, and Harriet her daughter
in to this state with her Ans I do know
that they came with them and was called her properly

Question Did Mrs Carrington treat Julia & Harriet
as slaves Ans Julia went by Mrs Carrington
orders and Mrs Carrington told me that Julia the
Black Woman and her Daughter (Mrs Carrington ) Minerva might work for me
for & c and they both was
in my employ and I paid Mrs Carrington

Ques How long did Mrs Carrington keep Julia and
Harriet in this state before she sent them
to Missouri ; Ans some where near four
weeks, then I saw no more of her till near
christmas and then they took her they so Julia to Missouri

Question Question how long did they keep Julia & Harriet
here when they was over at christmas times
Ans one week or ten days

Quest did not Mrs Carrington tell you after her arrival that she wanted
to settle in the Ills Ans yes she told me
shedidintended to

Ques Did or did not Mrs Carrington offer to purchase
the ferry of Mr Philips and offered this
girl Julia in payment for the same
Ans she did if Julia was willing

Question how was Mrs Carrington in a habit of
treating Julia in Kentucky Ans about
like her own Children

Question did Mrs Carrington hire Julia to you to work
for you Ans She did and I paid Mrs Carrington
for the same

Question will you explain the reason why you have
been called Nancy Morris & Nancy Bright

Ans My former husband was named David
Morris and after wards in 1832 I was
married to George Bright

Question Do you recollect what the weather was
about the time that Mrs Carrington came
to Pike County Ill and for two weeks
afterwards Ans it was tolerable
pleasant weather and and no ice to stop the
Navigation of the river.My Daughter

Question Do you recollect of Mrs Carringtons horses
straying from her shortly after she came here
Ans yes after she moved into Bennets Cabbin
awhile her son Joseph came to our house
enquiring after them and I understood
that they found them in a few days
after wards and I saw them riding then
and further the deponent saith not

Nancy Bright

I M.E. Rattau a justice of the peace in and for the
county and state aforesaid do certify that
Nancy Bright was by me sworn and examined
on the part of the plaintiff as touching the
matter wherein Julia a woman of colour is
plaintiff and Samuel J. M Kinney is defendant
and her examination reduced to writing by me
on the 17th day of Aprile1834 Between the
hours of 8 o clock AM and 6 o clock P.M. at
the court house in Pittsfield Pike County Ills

M.E. Rattau

Andrew Philips of lawful age being produced and
sworn and examined on the part of the plaintiff
deposeth and sayeth

Question Do you know when Mrs Carrington first
came to the Ill if so state

Ans The last days of oct in the year of 1829

Ques Did or did she not bring with her Julia
a woman of colour and her Child Harriet

Ans I saw the Julia the plaintiffwith the family
after they came here and it was said that
She Julia came with them

Will you state how long Mrs Carrington kept Julia
and her Child in this stat before she sent them
to Missouri the first time

Ans I cannot state any length of time precisely
but I understood that they were sent to this

before christmas and brot back again about

Chrismas to Mrs Carringtons daughters wedding

Question Did or did not Mrs Carrington say when she
arrived in the Illinois that she came to settle
in the state, Ans I so understood from report that
she intended to settle in the Ills

Will you state as near as you can the time Mrs Carring
-ton moved into Bennetts cabbin Ans the last days
of oct 1829Question state if you please whether
or not that Mr Carrington tried to enter your ferry
in Nov 1829. Ans I was informed on the 19th or 20th
Nov by my father that Mrs Carrington son Joseph
had gone over to the Morgan ride to get the numbers of the landing
of my ferry and accordingly I started on to Spring
=field to enter the land and I understood that
Joseph Carrington went as far as Jackson ville
on his way to enter the said ferry but found I was
too far ahead and he turned Back home

Stat if you please how far lived from
Mrs Carrington in the opinion & number of 1830Ans in in the spring of 1830
Mrs Carrington moved onto the Quincy road in Pike County and
Beny Mathis over to morgan county distant about
10 or 15 miles from Mrs Carrington

Ques, Is or is not Benj Mathis Mrs Carringtons son
in law - Ans it is said that he married
daughter and they do live together

Ques, state if you please Nancy Brights general
character as to truth and verasity
Ans as to common report I don't know of any
thing against it

Ques State if you please the general Character
of Hart, Wells for truth and verasity
Ans as to the above Question I cannot say
Question How far does Haston Wells live from you
Ans about four miles distant
Question how long has Haston Wells lived within that
distance of you, and How long have you been
acquainted with him Ans within that distance
about 3 years, and I have been acquanted with
him partially some years before I came to this
State Question have you or not ever heard any
thing general for or againist his character for truth
and verasity Ans I cannot say

Question What is William Bennetts character in his
neighborhood as to truth and verasity. Ans I do not consider
it very good and further the deponent saith not

Andrew Philips

I M.E. Rattau a justice of the peace in and for pike county and state
of Ills do certify that Andrew Philips was by me sworn and
examined on the part of the plantiff as touching the matter
where in Julia a woman of colour is plaintiff and Samuel J. M Kinney
is defendant and his examination reduced to writing by me
on the 18th day of aprile 1834 between the hours of
8 o clockAM and six P.M. at the court house
in Pittsfield Pike county Ills.

M>E. Rattau JP

Mr Mrs Jane Philips of lawful age being produced and
sworn and examined on the part of the plaintift
Deposeth & saith Question how long have you
been acquanted with Mrs Carrington . Ans ever since
the fall of 1829 the 1st of Nov. Do you know
of her having with her Julia & Harriet of coulor
Ans I saw them with them were they
Mr. Carringtons slaves. Ans they was so called
Ques Do you know of Julias having worked for
Mr Ans I saw her at
washing and I saw Mrs Carringtons children come
and receive soap in pay as Mr Norrris said for washing

State as near as you can how long Julia
and Harriet was in this state before they
were sent to Missouri Ans Sometime after
Mrs Carrington came here in the fall I saw Julia
and Harriet going by my house it was said to Missouri
and some time about Christmas Julia was at Mrs
Carringtons daughters wedding report said so

Question Did you see Julia at mrs Carringtons in
1830 and if so what time in that year
Ans in the fall when Mrs Carrington lost her
child. (Question,) Dis or did not Mr. Bird and
Nancy Bright hunt ducks together in the Ills
Bottom Ans the watter was up in
the garden at my house and Mr Bird shot at
a duck and Mr Norrises as was then dog seen unto the watter
after it and Itallamed my child so Mr Norris
out to call her dog out of the watter so
as to pacify my child and this is all that I know
of the duck hunting and further the deponent
saith not

Jane his X mark Philips

I M.E. Rattau A justice of the peace in and for Pike
county and state of Ills do certify that Mrs Jane
Philips was by me sworn and examined on the part of the
plantiff as touching the matter in suit wherein
Julia (A woman of colour is plantiff and Samuel J
M Kinney is dept and her examination reduced to
writing by me on the 18th day of April between the
hours of 8 AM and 6 pm of the same day
1834 at the court house in Pittsfield Pike Co
Ills

M.E. Rattau

Fee Bill

Plantiff Dr To M.E. Rattau J P
To fees for Taking Depositions

To ensuing 2 subpoenas 18 3/4 ea37 1/2To ensuing 2 attachments 18 3/4 To - - 6 1/4 43 3/4To writing 7 depositions amounting
in all to 2 thousand wordTo at 12 1/2 for every 12 - words3. 37 1/2To writing 8 certificates2. 00Justices fees -$ 6. 56 1/4Constables for serving 7 subpoenas87 on all 32 5 35 for with on the same1.10 3. 32 1/27 50 $ 3.50amount in all$ 13. 38

I certify the above to be a true Bill
of costs for taking depositions as above
named on the 17th & 18th days april 1834M.E. Rattau JP

of Gustavus A Bird
in full of the above for Bill may 7th 1834

M E Rattau

Bill of
Cost
$ 13.38 3/4

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

You are hereby commnaded to summon John Simonds Charles Colhors
Wm. Risley Joseph Zabor
that setting aside all manner of excuse and delay,t he be and appear in proper person
before the judge of our Circuit Court ,forthwith
at the city of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia is plaintiff and
Saml Mc Kinney 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 26th day of Apl
an the year of our Lord one thosuand eight hundred and thirty four Archibald Gamble Clerk C.C.

March Term 1834

For plff

John Sim and 25Chas Collens25Wm Risley25 Joseph Tabon25forthwith

Executed this writ on John Simonds
on Charles Collins & on Wm Risley & on
Joseph Talor by reading it to them in
the county of St Louis the 25 April in 1834

JK Walker sheriff Servis $ 2.00

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

You are hereby commanded to summon Silas Drake &
Joseph Labor that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge our our Circuit Court , on the forthwith
at the City of St. Louis , then and there to testify and
the truth to say in certain matter of controversy now pending in our said Court, wherein Julie is plaintiff and
Samuel McKeriney defendant on the
part of plaintiff and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this first day of May
in the year of our Lord one thousand eight hundred and thirty four A Gamble Clerk C.C.

for

Silas Drake
Joseph Labor
forthwith
for plaintiff

this writ on Silas
Drake and for When on the
1st May1884
from St. Louis .

for $ 1,00

County of St. Louis , Sct. State of Missouri ,To the Sheriff of St. Louis County-greeting.

You are hereby commanded to summon James P Spencer Henry Francis that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court ,forthwith
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 Julia is plaintiff and
Samuel T McKeriney 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 1st day of May
in the year of our one thousand eight hundred and thirty four A Gamble Clerk C.C.

March Term 1834

for the plff

James P Spencer
Henry Francis forthwith

Executed this writ on James P . Spencer
by reading it to him in St. Louis CountyMay 2nd
1834 Henry Francis not found in my county

John
by John K Walker Shff
by Isaac

Service5062 1/2

The plaintiff moves the court
and grant a new trial to the case

1 Because the courtthe jury

2 Because the jury found contrary to the evidence

3 Because they found contrary to the of evidence

reasons for New Trial

1 That if the jury believe from the evidence that the plaintiff
Julia was taken into the State of Illinois by her owner with-
out any intention on the part of such owner to make
the State of Illinois the residence of said
Julia that the plaintiff is not entitled by such remov-
al into that State to recover in this action

2 That the taking of the plaintiff into the State of Illinois
by her owner
for the purpose of curing her of
sickness and with the intention of returning herinto Missouri when she should be recovered of such
illness does not entitle her to recover in this action

3 That the plaintiff is not entitled in this case according to the
evidence to recover her freedom under the 2nd section of the 6th
article of the constitution of the State of Illinois

1 and 2 Instructions given
by the court in the
case of

No 1

To instruction given by the court in case of

No 2

State of Illinois County Ss

The depositions of Lenard, William
and Henry J., of the County and State aforesaid, witnesses pro-
duced, sworn and examined, before James , a Justice
of the Peace, in, and for the said County and State, who met on the
twenty fifth day of July, at the office of the clerk of the
Court in , in the County and State aforesaid, but not being
able to complete them on that day. the further taking of said deposi-
tions, was adjourned to the next day at nine o'clock in the
forenoon at the same place, at which time and place the said
depositions were completed as herewith enclosed, and were taken
in , out of, and under the
seal of the Circuit Court of the county of St. Louis , and State of Missouri , bearing
date on the third day of June in the year of our Lord one thousand eight hundred
and thirty one, to the said Justice directed, to be used as evidenceof a
certain suit at common law, now pending and undetermined in the said
Circuit Court of the said County of St. Louis . Wherein Julia a woman of colour
is Plaintiff and Samuel McKinney is defendant, on the part of the Plaintiff
the said Lenard and William and Henry J., being first July
sworn according to law, did and say as follows.

We the Jury find for the
plantiff