To theHon William C. Carr Esq. Judge of the Circuit
Court of the Third Judicial Circuit of the State of Mo.
now in
session Your Petitioner Dunky
a woman of colour respectfully represents to yourthis Honourable
court that she was born in Africa from which place she was shiped
by persons unknown to her, and landed at Charleston in the
State of South Carolina about Twenty years ago, where she
remained but few days after which she was conveyed from
thence to Kaskaskia in the State of Illinois by Alcorn
& Bernard Jas Bryant by whom she was delivered to William
Morrison at the place last aforesaid whom she served
as an indented servant in the said State of Illinois
until September in the Year of our Lord one thousand
eight hundred and thirty when she was delivered to
Andrew Hay in the State last aforesaid who held
her in servitude at the place aforesaid until the Third
day of April in the year of our Lord one thousand eight
hundred and thirty one at which time he removed her
to the City of Saint Louis and State ofwithin the County
of Saint Louis and State of Missouri where he the said
William Carr Andrew Hay holds your Petitioner
in servitude- Your petitioner has reason to, and does
verily believe that she is justly entitled to her freedom
and therefore prays that she may be permitted to prossecute
for the same in the Circuit Court of the County of Saint
Louis and State aforesaid, in forma pauperis, and
Stephen W Forman &Geor. D. Shaw be assigned as counsel
And as in duty bound your petitioner will ever pray
Dunky her
mark
Before me personally appeared Dunky a coloured woman
being byme duly sworn upon her oath says the Facts contained in the
above petition are true- Sworn the 5th day of April 1831 within
the Township of Saint Louis :
Dunky her
markJPeace
Saint Louis Circuit Court March Term 1831Wednesday 6th April 1831
Dunkyvs
Andrew Hay
George D Shaw presents the petition of Dunky a woman of color
praying that she may be permitted to institute a suit against Andrew Hay for
establishing her right to freedom and that the may be permitted to sue as
a poor person thereupon the court permit the said Dunky to sue as
aforesaid and direct an action of assault and battery and false im-
prisonment to be brought in the name of the said Dunky and assign
George D.Shaw and Stephen W Foreman as her counsel and it is ordered
by the court that the said Andrew Hay permit the said petitioner to
have a reasonable liberty of attending her counsel and the court when
occassion may require it and that she said petitioner shall not be
taken or removed out of the Jurisdiction of this court or be subject to
any severity of treatment on account of her said application for
freedom-
A true copy of the order Archibald Gamble Clerk
Dunky
a woman of colour
vs
Andrew Hay
Petition
For liberty to sue in
formapauperis
filed April 6 1831 A Gamble Clk
St Louis Circuit Court Of the term of July 1831
County of Saint Louis to wit Dunky a woman of
colour who by permission of the court sues in forma
paupiris complains of Andrew Hay for that on the
first day of April in the Year of our Lord one thousand
eight hundred and thirty one, the said Andrew Hay
with force and arms made an assault upon the said
Dunky to wit at the City within the County of Saint Louis
and State of Missouri and then and there seized and
laid hold, of the said Dunky and with great force and
violence pulled and dragged about her the said
Dunky and then and there struck the said Dunky
a great many violent blows and strokes and then and
there imprisoned the said Dunky and kept her in
prision there without any reasonable or probable cause
whatsoever for a long space of time to wit for the space of
three days then next following contrary to law and
against the will of the said Dunky whereby she the said
Dunky was then and there not only greatly bruised wounded but wasthereby greatly injured in her
circumstances.
And the said Dunky avers that before
and at the time of the committing the grevivences above
mentioned she was and still is a free person and that
the Defendant held and detained her and still holds
and detains her in slavery to wit at the City within the
County of Saint Louis and State of Missouri , and other
wrongs to the said Dunky then and there did against
the peace of the State and to the damage of the said Dunky
of Five hundred dollars therefore she brings her suit
S. W. Foreman G D Shaw
Atty
County of Saint Louis Ss.
The State of Missouri To the Sheriff of the county of Saint Louis
Greeting
We command you to summon Andrew Hay that he be and
appear before the Judge of our Circuit Court at the next July
Term thereof to be held at the City of St Louis within and for
the county of St Louis on the fourth monday of July next
then and there to answer unto Dunky a woman of color of
a plea of trespass assault and Battery and false imprison-
ment to the damage of the said Dunky of Five Hundred
Dollars and have you then there this writ
Witness Archibald Gamble Clerk of our said
Circuit Court at Office this Eleventh day
of April in the year of our Lord one
thousand eight Hundred and thirty one Archibald Gamble Clerk
Served this writ on Andrew Hay by reading it
the declaration to him in the City of St Louis on the 16h day of April 1831. I also at the
same time read to him the order of the
Circuit Court endorsed on the petition
hereto annexed
Jno. K. Walker
Sheriff
service of writ 1.00
Order of Court .50
$1.50
ads
Dunky a woman of color
And the said Andrew Hay by Gamble his
attorney comes and defends the force and injury
when and says he is not guilty of the said supposed
trespass and injury in the declaration mentioned in
manner and form as the said plaintiff hath
above thereof complained against him and of
this he puts himself upon the Country
And for further plea in this behalf the
said defendant says that the said plaintiff
ought not to have and maintain her aforesaid
action against him because he says that the said
plaintiff is a slave without this that she is free
as in her said declaration is above supposed and
this he is ready to verify wherefore he prays Judgement
And for futher plea in this behalf the said
Defendant says that the said plaintiff ought not to maintain her said action against him because
at the
time of the committing the said supposed griev
ances in the declaration mentioned the said plaintiff was held to
labour in the State of Illinois under the laws of said
State of Illinois and had escaped into the County
of Saint Louis aforesaid without this that at the
said time when when the said plaintiff was free as in
her said declaration is above supposed and this he
is ready to verify wherefore he prays Judgement
H R Gamble atto
for Dftfiled August 10th
1831 A Gamble Clk
No 12
July Term 1831
St Louis Circuit
Dunky
a coloured person
vs
Andrew Hay
Action for freedom
The Clerk
will issue Summons
Geo. D Shaw
attyFiled 11th April 1831 Archibald Gamble Clerk
1st pled N.G
2 plff a slave
3rd An
Indentured
servant
filed
August 10th 1831 A Gamble Clk
vs
Andrew Hay
And the plaintiff, for replication to the plea of
the defendant by him first above pleaded whereof he
has put himself upon the county does the like
And for replication to the plea of the defendant by
him secondly above pleaded she says that by reason of
any thing in that plea alleged she ought not to be barred
precluded from having maintaining her action aforesaid,
because she says that at the said time, she was not a
slave, but on the contrary thereof she then was still is
a free person as in her said declaration is above supposed
and this she of the Country
J. W Foreman
And as to the plea of said defendant by him thirdly
above pleaded the said plaintiff says that plea alleged
she ought not to be barred precluded because she says
that at the said time she was not heldto labor in
the state of Illinois under the laws of said state,
escaped into missouri but on the contrary thereof,
she the said plaintiff then was still is a free
person as in they her said declaration is above
supposed this she prays may be enquired of
by the Country
J W Foreman
orderpermittingsuittobeinstituted
Book 6 page 92
motionoverruled
Fee 103
No 12
St Louis Circuit Court
July Term 1831
Dunky
vs
Andrew Hay
Replications
Dunky
>vs
And Hay
Replications
Filed 28th October 1831 Archibald Gamble Clerk
County Of St. Louis , Sct.
State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon Mary Louise Rocheblave Charles
Laroch Andrew Blair
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 9th day of Decembernext 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 Dunky is plaintiff, and
Andrew Hay 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.
Executed this writ on Chs.Laroch10 Dec
1831 Andrew Blair Marie Louise Rocheblave
not found
John K Walker
Shff 50
n e 25
75 cts
November Term 1831
Dunky
vs
Andrew Hay
for plff
Marie Louise Rocheblave Charles Laroch Andrew Blairon 9th Decr.
County Of St. Louis , Sct.
State of Missouri ,To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon William Kelly
that setting aside all manner of excuse and delay, he be and appear in proper person before the
Judge of our Circuit Court , on the Ninth day of Decembernext 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 Dunky is
plaintiff, and Andrew Hay 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 fourth
day of November in the year of our Lord one
thousand eight hundred and thirty-one Archibald Gamble Clerk C.C.
Mr Kelly not found in my
County
Jn K . Walker nonest 63 cts
November Term 1831
Dunky
vs
Andrew Hay
for plaintiff
William Kelly on 9th Decr.
County Of St. Louis , Sct.
State of Missouri ,To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon Marie Louis Rocheblave - Charles Laroch -
Andrew Blair and William Kelly
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 Thid day of Aprilinstant 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 Dunky is
plaintiff, and Andrew Hay 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 Seventeenth
day of February in the year of our Lord one
thousand eight hundred and thirty-two Archibald Gamble Clerk C.C.
March Term 1832
Dunky
vs
Andrew Hay
for plff
Marie Louise Rocheblave Charles Laroch Andrew Blair William Kelly on 3d April
Served this writ
on M. L. Rochbleve
on this 19h March
on Wm Kelly on
22nd, John Laroch
on 23rd
by reading in the
City of St Louis
>A. Blair not
found
Jn K. Walker
Shffserv $1.50
non est 12 1/2
$1.62 1/2
County Of St. Louis , Sct.
State of Missouri ,To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon Pierre Menard
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 third day of Aprilnext 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 Dunky is
plaintiff, and Andrew Hay 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 24h
day of March in the year of our Lord one
thousand eight hundred and thirty-two Archibald Gamble Clerk C.C.
March Term 1832
Dunky
vs
Andrew Hay
for plff
Pierre Menard on 3d April
Served on Pierre
Menard on the 28th March 1832
in the City of
St. Louis by read
-ing it to him
Jn K Walker
Shffserv50cts
County Of St. Louis -Sct.
State of Missouri ,To the Sheriff of St. Louis County—Greeting.
You Are Hereby Commanded To Summon Thomas Drunn
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 24th day of april
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 Dunky is
plaintiff, and Andrew Hay
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 19th day of
April in the year of our Lord one thousand
eight hundred and thirty-two A Gamble Clerk C.C.
Dunky
vs
Andrew Hay
for
Thos Drunn24th of April
for plaintiff
below Clerks
Executed this writ on Thomas
Drunn on the 23rd April 1832
in the City of St. Louis
Jn K. Walker plff Service 50 cts
Andrew Hay deft.
Suit for freedom in the Circuit Court of
the County of St Louis Missouri
To the above named deft. or Hamilton Gamble Esq. his
attorney of record. Take notice that I shall attend at
the office of Patrick Walsh a justice of the peace in
the City of St Louis county aforesaid on tuesday next
between the hours of eight of the clock in the forenoon
five of the clock in the afternoon of that day, then
there to take the deposition of Witness to be read on
the trial of the above cause on the part of the Plff
St.Louis 19 April 1832 Dunky pltff:
by her atto;J. W. Foreman
This notice served on me April 19. 1831
H. R. Gamble
Dunky
vs
Andrew Hay
Notice
Pursuant to the above and answered
notice personally appeared before me Patrick
Walsh a Justice of the peace within and
for the County of St Louis Thomas of
lawfull age who being first sworn and examined upon his oath says that he knows
the plaintiff named in the notice Dunky a
woman of colour and first became acquainted
with her at Kaskaskia in the
state of
Illinois in the year eighteen hundred and
ninteen and twenty - Dunky is a tall coloured
woman with a yellow tinge and scars upon her
cheeks apparantly made with a knife and
was said and a native African
that at the this deponant knew Dunky
at Kaskaskia she was claimed by William
Morreson of that place and that in the
fall of eighteen hundred and twenty seven
a son of William Morreson brought said
Dunky to Galena and left her to hire
her own time and that this deponent hired
said Dunky about four months and paid
her wages to the son of said William Morreson
who claimed her
ThosDrunnSworn to and subscribed before me this 24th day
of April A.D.1832 Patrick Walsh Justice of the peace
StLouisCounty
Opened filed
April 5th 1832
A Gamble clk
(no fees )
Depositions
Dunkey
vslb/> Andrew Hay
The Clerk of the
Circuit Court
St Louis County
Thomas Drunn
for plff.
County of St. Louis - Sct.
State of Missouri ,,To the Sheriff of St. Louis County—Greeting.
You Are Hereby Commanded To Summon Thomas Drunn- Pierre Menard
Andrew Blair- Marie Louise Rocheblave - Charles Laroch -
and William Kelly - 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 30th day of Julynext
at the City of St Louis , then and there to tesify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein Dunky is plaintiff, and
Andrew Hay 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 28th day of June in the year of our Lord one thousand
eight hundred and thirty two Archibald Gamble Clerk C.C.
July Term 1832
Dunky
vs
Andrew Hay
for plaintiff Thomas Drunn Pierre Menard Andrew Blair Marie Louis Rocheblave Charles Laroch William Kelly on 30h July
Served this writ on P. Menard
on 21st July 1832 in the City of
St Louis A Blair M L. Rocheblave
Charles Laroch Wm Kelly Thos
Drunn not found
Jn K Walker Shffserv 50 cts 5non ests
County Of St. Louis - Sct.
State Of Missouri ,,To the Sheriff of St. Louis County—Greeting.
You Are Hereby Commanded To Summon Pierre Menard 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 30th day of July
at the City of St Louis , then and there to tesify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein Dunky is
plaintiff, and Andrew Hay
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 25th day of
July in the year of our Lord one thousand
eight hundred and thirty two A Gamble Clerk C.C.
P Menard not found
Jn K Walker Shffnon est .12cts
Dunky
vs
Andrew Hay
for
P. Menard30th July for
Plaintiff
vs
Andrew Hay
Suit for freedom
in the St Louis Circuit
Court
To Mr. Andrew Hay the above named Plain
=tiff, and H R. Gamble esqr. his attoney
Take notice that depositions of Witnesses
to be read in evidence at the trial of the above
named cause, will be taken, at the dwelling
house of Madme Louise Rocheblave , in
the City of St Louis on Saturday the
6th day of October next, between the hours
of eight o clock in the morning six O clock
in the afternoon of that day, and to be
continued from day to day between the
same hours, if need be.
The Plaintiff
by
Foreman Bates
atty St Louis Sept: 26. 1832
Dunky
vs
Hay
notice to take depositions.
Copy on
H.R .Gamblesaturday 29th Sep:,32
by in
my
presence
County Of St. Louis - Sct.
State Of Missouri ,To the Sheriff of St. Louis County—Greeting.
You Are Hereby Commanded To Summon Mary Louise Rocheblave - Charles
Laroch Pierre Menard - Andrew Blair- William Kelly and
Thomas Drunn
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 Fifth day of Decembernext
at the City of St Louis , then and there to tesify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein Dunky is
plaintiff, and
Andrew Hay
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 , this2nd day of November in the year of our Lord one thousand
eight hundred and thirty two Archibald Gamble Clerk C.C.
November Term 1832
Dunky
vs
Andrew Hay
for plaintiff
Mary Louise Rocheblave Charles Laroch Pierre Menard Andrew Blair William Kelly Thomas Drumon 5h Decr
ChasLaroche M. L Rochblave Pierre
Menard Andrew Blair William
Kelley Thos. Drunn not
found
John K Walker Shff 6 Non. e. .75
County Of St. Louis - Sct.
State Of Missouri ,,To the Sheriff of St. Louis County--Greeting.
You Are Hereby Commanded To Summon Mary Louise Rocheblave - Charles Laroch
Pierre Menard - Andrew Blair- William Kelly and Thomas Drum
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 ninth day of Marchnext
at the City of St Louis , then and there to tesify and the truth to say, in a certain matter of controversy
now pending in our said Court, wherein Dunky is plaintiff, and Andrew Hay 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 third day of March in the year of our Lord one thousand
eight hundred and thirty three Archibald Gamble Clerk C.C.
March Term 1833
Dunky
vs
Andrew Hay
for plaintiff Mary Louis Rocheblave Charles Laroch Pierre Menard 14 Andrew Blair William Kelly Thomas Drumon 29h March
Executed this writ on Pierre Menard in
St Louis City on the 14th of March 1833
Mary Louise Rocheblave Charles Laroche
Andrew Blair Wm Kelly Thomas Drum
not found in my county
John K Walker Shff
by J Brotherton Dpyservice 50
5 5 non est 62
$1.1 2
vs
Hay
of
Marie Louise Rocheblave
St Louis Circuit Court
Dunky(ablack woman
v
Andrew Hay
The clerk of the Circuit Court
S Louis County
Opened filed
March 25 1833 A Gamble clk
Depositions Taken by virtue of a Notice, on Saturday the
sixth day of october in the year eighteen hundred and
thirty two, between the hours of eight of the clock inthe
morning and six o clock in the afternoon ofsaid any
at the dwelling house of Mde Louise Rocheblave in the
city of S Louis and to be read in evidence on the trial
of in the circuit court of the county
of S Louis Between Dunky a Blackwoman as plaintiff
and Andrew Hay as defendant on the part of the plaintiff
Marie Louise Rocheblave personally appeared who being duly sworn
to tell the whole truth of the matter between the parties aforesaid
on her oath saith That she removedfrom the village of
Kaskaskia in the state of Illinois to the city of St Louis about fifteen years agoor
upwards That the plaintiff Dunky was brought to Kaskaskia
by acertainMr. Thompson among a number of other states,
six or eight years before the deponent left that place
deponent and she was brought from Virginia that said Dunky remained in the possession of said William
Morrison from the time of her arrival at Kaskakia to
the period of the removal of deponent to this city of St Louis
that she has seen the said Dunky in this city of St Louis
whom she recognized to be the same she had seen at
Kaskaskia she has marks lengthwayon her checks
she cannottell the age of the said Dunky at the
time she came to Kaskaskia
Mari Louise Rocheblave Sworn to Subscribed in the
day year at the place Between
the hours above mentioned BeforeJ.C.TurnerJ.P.
County Of St. Louis --Sct.
State of Missouri ,To the Sheriff of St. Louis County--Greeting.
You are hereby commanded to summon Mary Louise Rocheblave , Charles Laroch ,
Pierre Menard , Andrew Blair, ,
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 25th day of Julynext
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 Dunky is
plaintiff, and Andrew Hay 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 13th day of June
in the year of our Lord one thousand eight hundred and thirty three A Gamble Clerk C.C.
Executed this writ on Mary L.
Rocheblave on the 22 July 1833 by
reading the same to her in the
County of St Louis . C.Laroche P.
Menard William Kelly Thos Drum
not found in my County
John K Walker SheffS. D. Shff service 50 5 n.e. 62 1/2 $ 1.12
July Term 1833
Dunky
vs
Andrew Hay
for plaintiff Mary Louise Rocheblave 22 Charles Laroch Pierre Menard Andrew Blair William Kelly Thomas Drumon 25 July
County Of St. Louis --Sct.
State of Missouri ,To the Sheriff of St. Louis County--Greeting.
You are hereby commanded to summon Mary Louise Rocheblave - Charles Laroche,
Pierre Menard - Andrew Blair - William Kelly Thomas Drum -
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 2nd day of Decembernext
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 Dunky is
plaintiff, and Andrew Hay 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 28h day of October
in the year of our Lord one thousand eight hundred and thirty three Archibald Gamble Clerk C.C.
November Term 1833
Dunky
vs
Andrew Hay
for pff Mary Louise Rocheblave 5Charles Laroche Pierre Menard Andrew Blair William Kelly Thomas Drumon 2nd Decr
Executed this writ on M L.Rochhblave
5th December 1833 in St Louis none
of the other Witnesses found
John K Walker Shff service 50 5 n.e. 62 1/2 $ 1.12
vs
Andrew Hay
The Defendant moves the Court to set aside the
verdict rendered in this case and grant a new
trial for the following reasons
1st Because the verdict is against evidence
2nd Because the verdict is without evidence
3rd Because the verdict is against law
4th Because the verdict is against the instructions
of the Court
H R Gamble atto
for Deft
Dunky
vs
Andrew Hay
Motion for a new trail
reasons filed Dec 12th
1833 A Gamble Clk
Dunky
vs
Andrew Hay
Bill of Exceptions
filed April 19th 1834 A Gamble Clk
vs
Andrew Hay
Be it remembered that on the trial of this
Cause the said plaintiff to maintain the issues
on her part produced and read in evidence
to the Jury the following depositions of Marie
Louise Rocheblave and Thomas Drum (here insert the deposition
of Mrs. Rocheblave and Thomas Drum ) It was there admitted by the
parties plaintiff and defendant before the Jury
that the plaintiff was held in servitude in the
State of Illinois and that before the commence-
ment of this action she came to the State of Mis -
souri without the consert of the person claiming
her services in Illinois and that before the com-
menct of this action the defendant arrested the
plaintiff in Missouri for the purpose of removing
her to Illinois for the person there claiming her
services and the Defendant exercised over her in missouri no
other control than was necessary for such re-
moval. The Defendant then gave in evidence to
the Jury a statute law passed on the seventeeth day
of September 1807 and in force in the then Territory which
now forms the State of Illinois which the parties
agree may be read from the printed book in all
Courts. The defendant next gave in evidence to
the Jury the following copy of the record of regis-
try in the state of Illinois to the mode of authenti-
cating which the plaintiff waived objections (here insert the copy of Registry) and
it was admitted that the plaintiff is the negro
named in said copy from the register This was all
the evidence given in the cause.
The Court then instructed the Jury that if they be
leived from the evidence that the plaintiff in this
case was registered in the Territory of Illinois as an
indenturedservant in the year 1811 in pursuance
of the act of the Legislature given in evidence in
this case for a period not yet expired and that
she came into this state without the consent of
the person claiming her services in Illinois and
that the defendant exercised no authority over
her in this state except what was necessary to
remove her into Illinois for the person claiming
her services there they must find for the Defendant
The court also instructed the Jury that the copy of
the Record of registry given in evidence in this
case establishes the agreement on the part of
the plaintiff to serve William Morrison for
the period in that copy mentioned in pursuance
of the law of the Territory of Illinois
The Jury having found a verdict for the plaintiff
the defendant moved the Court to set aside the
verdict and grant a new trial for the follow
-ing reasons
1st Because the verdict is against the evidence
2nd Because the verdict is without evidence
3rd Because the verdict is against law
4th Because the verdict is against the instruc
-tions of the Court
Which motion for a new trial was by the
Court overruled To which opinion of the Court
in overruling the said motion for a new trial
the defendants by his counsel excepts and prays
the Court to sign and seal this his bill of Ex-
ecptions and that the same may be made part
of the record which is done
L E Lawless
That if the Jury belive from the evidence that the plff
in this case was registered in the Territory of Illinois as
an Indentured servant in the year 1811 in pursuance
of the Act of the Legislature given in evidence in this case
for a period not yet expired and that she came
into this state without the consent of the person
claiming her services in Illinois and that the defend
ant excercised no authority over her in this state except
what was necessary to remove her into Illinois to serve and the they
must find for the Defendant.
That the copy of the record of Registry given in
evidence in this case establishes the agreement
on the part of Dunky to serve William Mor-
risonfor the period in that copy mentioned
in pursuance of the law of the Territory of
Illinois
That if the Jury believe from the evidence that the plaintiff in
this case was registered in the Territory of Illiniois as an In
dentured servant in the year 1811 in pursuance of the act
of the Legislature given in evidence in this case for a period
not yet expired and that she came into this state with-
out the consent of the person claiming her services in
Illinois and that the defendant exercised no authority
over her in this state except what was necessary to remove
her into Illinois for the person claiming her ser-
vices then they must find for the Defendant.
1
2.75
6
9.74
We the Jurors find for the plaintiff
BenjnLaedhead
foreman
Damage $ 1.00