Territory of Missouri
Northern CircuitThe United States of America to the Sheriff of the county
of St Louis Geeting -
You are commanded that You summon Michael , Halter that he
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 at the town of St Louis in the Northern Circuit on the
fourth monday in March next, then and there in our said, court
before our judges, to answer unto Sarah a free girl of color, held in salvery,
in a plea of trespass, assault and battery, and false imprisonment,
to her damage five hundred dollars- and, have you then and
there this, writ and certify to our said court for you
execute the same,-
Witness the Honorable
residing, Judge of our said court at St Louis this,-
fourteenth day of december in the year of our lord, one
thousand and eight hundred and eighteen and of our
Independence, the forty third
No 191
April Term, 1821
Superior Court
March Term, 1819
Summons
trespass, &
false imprisonment,
Michael Halter,
To the clerk of the
Superior Court N.E.
This is an action of
trespass,& false imp,
risonment damage
$500 on which you
will issue a summons,
to the sheriff
of St , Louis Territory.
Michael Halton not found in this Bailwick,
March 20th 1819
J.R.Walker
Dshff
now costs 50
travel 100ms-5.50
$6.000
filed april 26th 1879
Superior court
Sarah
And the said Defendant by
R Pettibone , his Attorney comes and defends
the wrong of injury, when and as
to the assaulting beating bruising ill,
treating and imprisoning, and keeping,
in prison the said Plaintiff as in her
said declaration, mentioned the said
Defendant saith, that the said Plaintiff
ought not to have or maintain her
aforesaid, action thereof, against him
because he says that before and at the
said time when in the said
mentioned, to wit, at the plan of within
the jurisdiction, aforesaid the said Plain-
tiff was and, still is the slave of him the said
Defendant whereupon, the said Defendant
at the said time when he did beat,
imprison & retain, in prison the said
Plaintiff so being the slave, of him the
said Defendant as he, lawfully might
do, which are the same
trespass, whereof the said Plaintiff
hath, above thereof complained against
him and this he is ready to verify-
whereupon, he prays Judgement
R Pettibone atty,
for Deft.
And the said, Sarah saith she
might not to be bound, and precluded,
from having and maintaining
her aforesaid action by reason of
any thing by the said Michael Halton ,
above, in his alleges, because
she saith that at the said, time when
in the declaration mentioned was
not the slave, of the said Michael
in manner and form as he has
above in his said plea alleges,
and this she prays may be en-
queried of by the county and
the said defendant doth, the like
W Barton atty,
Sarah
Plea,- replication,
filed september 20th
1819
St.Louis Circuit Court
Sarah a free girlvs,
Michael Halton
february term-1822
On the trial of this cause it was
proved on the part of the plaintiff that one Winnie , mothe-
er of the said plaintiff was carried into the now state
of Illinois between twenty and thirty years since, by
the said defendant and her husband when and where
the said Winnie , was by then in slavery during the
space of three or four years; that at the end of said
time of three or four years, the said Phebe , with
her said husband removed to the now state of
missouri carrying the said Winnie , with them in
which lst mentioned place the said Winnie , has
been held in slavery, ever since such removal,
and that said plaintiff was born, after such res-
idence of the said Winnie , in Illinois as aforesaid
the Counsel, for the defendant then required the court
to instruct, the jury that a residence in the then
North, west territory (now Illinois ) as above mentioned
did not render, the said Winnie , free under, and
in virtue, of the ordinance of Congress, of 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 -which instruction,
the Court refused but charged the jury, that
Said ordinance did in law set the said Winnie ,
free if it should appear to the satisfaction, of the
jury, that the said defendant and her then hus-
band resided in Illinois with intent to make that
territory the home of themselves and the said -
To this opinion of the court delivered to the
jury, the Counsel, for the defendant excepted and
Prayed the court to sign, and seal a bill of excep-
tions taken thereto which is done accordingly, in
open court this tenth day of march in the year
one thousand eight hundred and twenty two.
St. Louis Circuit court
Sarah a free girlvs,
Michael Hatton
Bill of exceptions
Pettibone & Spalding atty
vs,
Michael Halton
Reasons for dismissing, suit
Because there is no proof that
papers came from Superior
Court and there is no petition on on,
file
vs,
John Butten,
do
Isaac Vateau,
do
Robert Musick ,
do
Charels Hatian,
do
John Whiterides ,
Phebe Whiterides ,
do
Phebe Whiterides ,
vs,
Michael Halton ,
eight other suits
reasons, for dismissing
filed february of 1822
A Gamble ,
Superior Court Northern Circuit
March Term, 1819.
County of St Louis to wit Sarah a,
free, girl held in slavery and, of who
is permitted by the court to sue, as a
poor person. by J Barton , and Henry S,
her attornees assigned, by the
Court as counsels complains, of Michael ,
Halton , of a plea, of trespass,-for that
the said Michael , Halton , heretofor,
to wit, on the first day of January in
the year of our lord, one thousand
eight hundred and fifteen with,
force, and arms, at the county
aforesaid lawfully, an assault,
did make, in and upon the said
Sarah and then and there beat,
bruise, and said
Sarah and then and there
imprisoned, the said sarah and kept and detained, her in prison, without, any reasonable
on probable cause, whatever and
has scince kept and still,
doth, keep and detain her, in
prison against the will of her the
said sarah and contrary, to the
law of this territory and this wrong
to the said sarah then, and
there did, against the peace of
the United States of America . and
to the damage of the said sarah
five hundred dollars and Therefore
she sues,.
Barton ,
Geyer ,