Frances Collard being duly,
sworn deposth and saith that some time about
the year seventeen hundred and ninety four of five, this
deponent knew, Phebe Pruitt then the wife one
John Whiterides living in the then Territory, of
Louisiana at a place called Whiteside Station, that
the said John Whiterides and Phebe , then had
with them a negro girl named Winney whom
they had had living with them as in slave for
several years- that the said Whiteside , about
that time removed to the Western side of the
Mississippi , taking with them as the deponent the said negro girl,
that about thirteen, years ago the deponent, also removed
to the west side of the Mississippi , where she found
the said Phebe (her husband being dead) residency with
a negro women named Winney whom she still,
held as a slave that she has heard the said Phebe ,
acknowledge that the negro woman Winney , whom
she now holds as a, slave is the same Winney
she hed in the Louisiana Territory. and the said Phebe
in argument with, then deponent that the said
Winney , could not be free inasmuch as she was
under age when brought away.

her X mark callard
Sworn to and subscribed, before me Clerk, of the Circuit ,
Court this eighth of june 1818 A Gamble , clerk

affidavit,

Superior court,.
March Term 1879.

This is an action, of
trespass, and false
imprisonment--
age .

Let a summons issue,

In the superior, court northern circuit,
March Term 1819.

County of S Louis court; Winny a free
woman held in slavery, and who is per,
mitted by the court to sue as a poor,
person by J Barton and Henry J Geyer ,
her attornies assigned, as counsel by the
said court complains of Phebe Whiteside
alias Pruitt , of a plea of trespass,- for,
that the said Phebe heretofore, wo wit: on
the first day of - January in the year
of our Lord one thousand eight hun-
dred and fifteen with force and arms,
at the county aforesaid unlawfully an
assault did make in and upon her the
said Winney , and then and then beat
bruised and ill treated, her the said
Winney ,. and then and there imprisoned,
her the said Winney , and kept and de-
tained her in prison without any lawful
cause whatsoever and hath ever since,
kept and detained and still, doth keep

and detain her in prison against the
will, of the said Winny and contrary,
to the laws of this Territory, - and other,
wrongs, to her then and there did, a-
gainst the peace of the united states
of america and to the damage of
the said Winny five, hundred dollars
and therefore she sues,

J Barton & Geyer atts,

Territory, of Missouri ,
Northern Circuit, the United States , of America to, the Sheriff, of the County of St Louis , Greeting -

You are commanded that, you summon Phebe Whitesides , alias Phebe Pruitt that, she be and appear
before the judges, of our Superior Court , of our territory of Missouri , at our said superior, Court, to be held in and for,
the said territory, in the Northern Circuit, of the said territory, at the Town, of St Louis , on the fourth monday of,
march next, then and there in our court before, our judges, to answer unto Winny a free woman,
held in slavery, in a plea of Trespass, and false imprisonment, to her damage five hundred dollars,
and have you then and there this writ and certify, to our said court how you execute, the same

Witness, the Honorable Silas Bent Esquire Presiding judge,, of our said arrest, at st
Louis this fourteenth day of december in the year of our lord one thousand and eight hundred
and eighteen and of our independance, the forty third, -

Served this writ,
February 1819 by read,
ing, it to the defendant,
at the house of Wm ,
Musick Bonhomme,
Township,

$. 811.802.61

190
Superior Court Northern Circuit,
March Term 1819

Damage

This is an action brought, to
the freedom of the
petitioner or plaintiff, together
with

Filed april 26th 1819

of the
$10.40

no 5
sub court northern circuit
March Term 1819.

petition, of Winny ,
to sue freedom, free dom,

June term 1818 dismissed,

Superior , Court Northern, Circuit
Sept term 1819 -

Replication,

And the said Winney saith, she ought not
to be barred and precluded from, having and maintaining,
her, aforesaid action by reason of any thing, by the said,
Phebe , above in the said plea alleged because she
saith, that at the said time, when she was not the
slave, of the said Phebe ,, as the said Phebe , has above
in her said plea alleged, and this she prays,
may be - And
said

J Barton p.q.,

Replication, -

Same as in the above case,

J Barton ,

Replication,

Same as in the above case,

J Barton ,

Replication, -

Same as in the above case,

J Barton ,

Replications,

Superior Court for the Northern Circuit

St Louis county Phebe Pruitt ,
the defendant in these several causes
being duly sworn, says that she has
a material, witness, absent from
the county of St Louis whose,
not at
this term,. That the said witness
removed, some years ago from the
county of St Louis up the river Mis-
souri but to what particular place
this deponent does not know, she
has no doubt but that
she, shall be able to discard, his place
of residence, and proven, his testi-
mony at the next term, of this Court,
this deponent, did not know,, untill a very few
days ago, that, the said witness was material,
for her and not untill it was too late to
his attendance, at this, court. this deponent,
knows, of no other witness by whom she,
can prove, the same facts, which she expects
to prove by the said witness. This deponent,
cannot name, the said witness then but she has
the means, of ascertaining, his name, at home

The said deponent expects to prove, by the
said witness that at the time the said Winny ,
was held as a slave in Illinois , by John Whitesides ,
the then husband of this deponent, as stated by
the said Winny , in her petition, that she was
not the property of the said John Whitesides ,
but belonged to the children, of this deponent,
by gift from their, grand father,
and that the said children were then,
infants,. But that this deponent was to have,
the use, of the said slave, during the life of
this deponent, And further, this deponent saith not -

her X mark
sworn, to
22nd april 1820 before before me,

Territory Of Missouri ,
Northern Circuit.ss.
The United States of America to Isaac ,
Greeting.

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court of our terri-
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St. Louis , on the twenty eighth
day of April being the fifth day of the April term of our said court,
to testify and the truth to tell in a certain case then and there to be tried, and wherein Winny ,
a free woman of color, is plaintiff and Phebe
is defendant on the part of the
said defendant and from day to day
until duly discharged by the court, and not depart the said court without the leave thereof—and
of this fail not at your peril, and our sheriff of our county of St , Louis is hereby
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.

Witness the Honorable Silas Bent ,
Esquire presiding judge of our said court this twenty sixth day of
April in the year of our Lord one thousand eight hundred
and twenty and of our independence the forty fourth
J. B .

I acknowledge, the

Superior , Court
April Term 1820

woman,

28th April

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

You are hereby commanded to summon Ephraim Musick and Thomas R
Musick
that setting aside all manner of excuse and delay they be and appear in proper person before the Judege of our circuit
court on the 5th day of September at the town 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 Winny a free
girl, is plaintiff,
and Phebe Whitesides , alias Pruitt , is defendant on the part of
the Defendant and have you then and there this writ.

Witness, Archibald Gamble , Clerk of our said circuit court, at
the town of St. Louis , this 13th day of August in the
year of our Lord, one thousand eight hundred twenty one
A. Gamble Clerk, St. L . C.C.

Served this writ,
on Thom R Musick ,
on the 21st
August 1821
Ephraim Musick ,
not found in
this county

E.F. Brown D shff,

1 service335090$1. 731.501.002.60.757.58

St. Louis Circuit Court ,
August Term 1821

for thomas R Musick ,
Ephraim Musick ,

for defendant
5 Septr 1821

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

You are hereby commanded to summon Ephraim Musick Thomas , R Musick ,
and Elisha Herrington,
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 Febrynext at the town 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 Winny , (a woman of colour) is
plaintiff, and Phebe Whitesides , is
defendant on the part of the Defendant and have you then there this writ.

Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the town of St. Louis , this 26th day of January
in the year of our Lord, one thousand eight hundred and twenty two,
A. Gamble Clerk, St. L . C.C.

served, this writ
on Thomas R ,
Musick , on the
29th January
1822 — the others
not found in my
county

E. F . Brown Dshff,

service,501001.50

St Louis Circuit court
February Term 1822

For E Musick , Thomas ,
R Musick & E Herrington,

For defendant,
Febry 7th

Reason for setting
aside proceedings-

Because the defendant not at the
time of commencement of this suit
claim the plaintiff as a slave, nor has
she at any time since, claimed her
as a slave.

for

Reasons for setting
aside proceedings

Filed Febry 6th
1822
A

County of St. Louis

Thomas R Musick being sworn saith, that
about eight years from this time
this deponent drew, an instrument in
writing for the above defendant and her hus-
band fields Pruitt ,, by which conveyance they the
said Phebe , and Fields , conveyed all their interest
in the said Winnie , to the children of the
said Phebe ,: This deponent further says that
a few days thereafter the said Phebe , and Fields
separated, from each other and the said Phebe ,
quit house keeping and has even since that time
living, among her children from house to house without
claiming any interest in the said Winne , that
the said Phebe , has since, that time claimed no,
place, of residence, but has resided sometimes with
one of her children and sometimes with
another: that the children of the said Phebe possess,
the said black woman Winne , and have possessed,
her since the time of said conveyance and claimed
her, as their property: and that the said Winne , has
never since about the time of the said
conveyance been possessed, or claimed as a slave
by the said Phebe ,. This deponent further says that
he was a near, neighbor to said Phebe , for a long
time before the said conveyance and intimately,
acquainted, with her and her children and knows
the plaintiff Winne , and has known Winne ,

for at least eighteen years, and further saith,
not

Sworn, before me
this 7th July 1822.
in, open court Tho P Musick , A Gamble Clark

Filed Febry 7th 1822

A Gamble Clark

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

You are hereby commanded to summon Francis Collard Tho Withington ,
that setting aside all all manner of excuse and delay they be and appear in proper person before
the Judge of our circuit court, on the 12th day of February at the town 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 Winny a women of colour is
plaintiff, and Phebe Whitesides , 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
town of St. Louis , this 5th day of February
in the year of our Lord, one thousand eight hundred & 22
A Gamble Clerk, St. L . C.C.

Served this writ
on Thos Withington ,
on the 8th February
1822 by reading,
it to him at his place
of residence in st
Ferdinand , town
ships- on Francis
Collard an
Feb 1822 at
Wm Pattersons in
township

fees

for
Francis Collard
Thos , Withington

for plaintiff
This day 12th

Patterson

St. Louis Circuit Court

February Term 1822

On the trial of this suit it was
proved on the part of the plaintiff that the said de-
fendant with her then husband resided in the present
state of Illinois between twenty and thirty years since
during the space of three or four years : and that du-
ring the said three or four years they held the said
Winne in servitude, as their slave, having brought
her the said Winne with them from Carolina ,, that
at the end of the time last above mentioned, the said
Phebe , with her said husband removed to the now
state of missouri: and that the said Winne was then
and for years afterwards there held as third slave.
The Counsel for the defendant then required the
Court to instruct the Jury that a residence in
Illinois , as above mentioned did not render the
said Winne free under and in virtue of the
ordinance of congress for the year one thousand seven
hundred and eighty seven for the government of the
territory of the United States North West of the river,
Ohio ,; and also that the law did not authorise the
recovery of more than nominal damages in this action by the plaintiff

which instructions the Court refused; but charged the Jury that
said ordinance did in law set the said Winne ,.

free if it should appear to the satisfaction of the jury, that the said defendant & her then
husband resided there, within intent to make the territory the home of themselves and of the
said Winne . and that said Winne was entitled to dama-
ges in this form of action on the same principles
that any other plaintiff might recover in an action of
false imprisonment,. To
these opinions of the Court delivered to the Jury
the Counsel for the defendant excepted & prayed
the Court to sign and seal a bill of exceptions
taken thereof which is done accordingly in
open court this 15th day of February in the
year one thousand eight hundred and twenty two

M.B Tucker ,

St Louis Circuit court

Bill of exceptions

filed february 15th 1822
A Gamble Clark

And the said Defendant by
Petition her attorney comes & defends the
wrong & injury, when and as to the
assaulting, beating, bruising, illtreating,
& imprisoning the said plaintiff as in his
said declaration mentioned the said
defendant says that the said plaintiff
ought not to have, or maintain her afore-
said action thereof, against her because
she says that before and at the said
time when go in the said declaration
mentioned to wit at the place & within
the jurisdiction aforesaid the said plaintiff
was & still is the slave of her the said
Defendant. Whereupon, the said Defendant
did beat imprison the said plaintiff so
being the slave of her the said defendant
so she lawfully might do; which on the
said said several supposed trespasses, whereof the
said plaintiff hath above, thereof complained
against her and this she, is ready to verify
whereupon, he prays judgment -

R Pettibone atty, for deft,-

The same plea as above

The same plea as within

R Pettibone atty,
for deft,

The like plea, as within

R Pettibone atty,
for Deft,

We the Jury, find for the plaintiff
And Damages to the amount of one hundred
fifty seven dollars fifty cents.

John Simonds
foreman

To the Honorable the judges of the superior
court in the northern circuit now telling
in the county of S Louis for said circuit.

The petition of Winney a black
woman who petition for herself and for
the following named persons who are her
children under the age of twenty one
years humbly showith,

That about the year seventeen hundred
and ninety five she was carried, from Kentucky , & held as a slave
in the territory of Indiana by one John Whitesides ,
and Phebe , his wife. That she lived then with
them several years when the said Whitesides ,
removed to this territory with him
your petitioner where she has been held
as a slave ever since that since, she has
been living in this territory she has had
the following children to wit; Jerry, Daniel ,
Jenny, Nancy , Lydea, Sarah, Hannah
Louis and Malinda , and your petitioner
is informed that by reason of having been
held in she and her children born
since are free.

And your petitioner further showith,
that she and her children. Hannah
Lewis and Malinda are now claimed as
slaves by Phebe Pruitt , that Jerry , is claimed
as a slave by the of Thomas
Whitesides , deceased, Daniel by John

Whitesides Jenny , by Robert Musick Nancy ,
by Isaac Lydia by John Baller,
and Sarah by Michael Hallow,.

Therefore your petitioner prays that such
order, as the law directs, may be made to enable,
her to sue, for her freedom and as next friend
to each of her said children to sue, for their,
freedom.

And Winne , her X mark
Witness present
Peter Ellis