To the Honorable John M Krum Judge, of the
St. Louis Circuit County

The petition of Sarah a colored woman,
your Honor respectfully represents.

That, she was born a slave in the state of
Virginia , and was owned by one John Prosser , that the said
John Prosser , died leaving Margaret Prosser ,,, his widow, and
certain issues, of the said John , and Margaret Prosser to wit,, William, Susan, Mary who, is now the widow of one John H. Martin ,, Margaret, John , Robert , and John Samuel ,.

your petitioner states that by an order of
the County, in the State
of Virgina she was sold, at the administrator sale, of the goods
and Chattels, of said John Prosser Dec'd , at the same County aforesadi, and was purchased, by one a short, time your petitioner unto the said Margaret widow,
of John Presson Dec'd during, her life and at his death, to her
the said Margaret ,- that after your petitioner was so deeded, as aforesaid,, the said Margaret hired, out your
petitioner, in the said and one McMullin became the hirer of your petitioner,, that at this time the said
Margaret widow, of the said John Prosser dec'd and the said William ,, Samuel Margaret, John Robert and George Samuel the heirs of said John and Margaret Prosser aforsaid,, left, the state of Virginia , and emigrated,
to the state of Illinois , they have continued and still do reside,, that your that your petitioner remained, after that time some six
months with, the said McMullin hired, as aforesaid,, that after remaining with, said McMullin , as aforesaid,, one John H ., Martin and
Mary one, of the heirs, of John Prosser Dec'd , and one,
of the issue, of said John , and Margaret Prosser aforesaid,, the wife,
of said John H. Martin ,, took your petitioner, out of the hands of,
said McMullan, him aforesaid,, and out of the state of Virginia ,
and brought, your petitioner, to the state of Kentucky where, she
was, kept by, said Martin and his wife, for a long period, of time

that at this time is living some, times in the in the
year Eighteen hundred, and forty The, said Martin , and Wife left, the state of Kentucky , and emigrated, to the state
of Illinois bringing with, them your petitioner, at that time held in slavery,
- that at that tme the said John H ,. Martin
and Mary his wife delivered, your petitioner, out in the county,
of Morgan , state of Illinois , to the, said Margaret widow, of
the John Prossner,-dec'd. that the said William, Samuel ,, Margaret , John Robert , George Samuel , issue, as aforesaid
were, living with, said Margaret Widow as aforesaid, in said county,
of Morgan , state of Illinois ,-

Your petitioner represents unto your Honor
that, after the said Martin , and his wife, brought your petitioner
and delivered her over. to said Margaret , Widow as afore,,
said in the said Morgan County , in the State of Illinois ,
as aforesaid, the said Margaret widow as, aforesaid
kept your petitioner in slavery, in said state of Illinois for,
the span of three months,, to wit from November, in the year eighteen hundred, and forty until the, latter end,
of February in the year eighteen hundred and fortyone
that after holding your petitioner, in slavery, in the state
of Illinois , for over the, time and space of three, months
as aforesaid, the said Wiliam , of the said John and Margaret Prosser , as aforesaid came, to the city, of St Louis on, his way,
from State, of Virginia where, he had gone on business, to
the state of Illinois , and as your petitioner, is informed,
and hired out, your petitioner, to William Waddingham ,, in said city, of St. Louis ,, as a slave, of said Margaret Prosser Widow of,. But so it was, that when the, said William arrived, at State, of Illinois , he the said William ,, and said
Hunt , and Wife came, to the City , of St Louis , with,
your petitioner, and delivered, her with, the charge,

of our William in City of St Louis where,
she was kept in slavery since, that time up to the
present date has been held in slavery in this City of St Louis .

states that on or about, the
day of July AD1845 a person, to your petitioner
unknown came, to the city of St Louis with an order
in writing for the body of your petitioner stating,
that it was his intention to take your petitioner
to , and further stated that he would
be, in this city of St Louis about the twenty
fifth day of July AD 1845 at which time,
he would take your petitioner, away from this City

Your petetioner further respectfully,
represents that the material facts in her
petition she can only by the State of Illinois , where her witness
reside, at this time

For and in consideration of the permission
your petitioner would humbly, your honor,
to grant to sue, as a poor person, in
that she may be enabled to establish, and recover,
as her right, her freedom, and all and singular
such as the, relief as the Law authorises, and your
Honor should meet and the
and as in duty bound,

x

State of Missouri , County of Illinois ,

Personally appeared before me Alphonso Witmore ,
a Justice of the peace, of the County of St Louis , Sarah , a colored, woman
when being by me being duly sworn and marketh oath, and says that the facts set forth,
in this petition to her knowledge are true, and such as are stated from such,
formation she believes, to be true sworn to and subscribed, before me this 22nd July 1845

Sar,x ah, her mark, Alphonso Witmore , Justice of the Peace,

On reading, the foregoing petioner
, it is found
that the said petitioner, be allowed to sue as
a poor person, to establish her right to
freedom, be ajudged,
as her council said suit, further ordered that, the said,
petitioner have reasonable liberty to
attend her counsel as occasion may require and, that she be not removed,
out of the jurisdiction, of St. Louis Circuit Court of
that she be not, subjected to any sever-
ity on account of her application, for
freedom

at St. Louis July 22. 1845,

In the Circuit Court , for Saint Louis County,November Term, 1845 Saint Louis County ,

Sarah , a person of color who, by
hand, of their Judge, of the Court first had, and affirmed brings their suit as a poor person, by Henry of Hark her counsel assigned,, by the Judge, of the court, for complains, of William Waddingham in, a plea of trespass,
for that the said Sarah , before and at the time of the committing of the grievances hereinafter mentioned was and still is a free person,
and the said William Waddingham , on the 1st, day of October now last past with force, and arms at Saint Louis aforesaid in, and the plaintiff did make an assault, and then, and there did imprison the plaintiff, and keeps, and detains her in prison for a long space of time to wit for the space of her, and then, and there held, and ever since, has held and still, holds in slavery the said plaintiff, and to the plaintiff then, and there, did against the peace, and to the great damage, of the plaintiff,
and for the recovery, of her freedom the plaintiff brings suit of,

81-1845

In the St Louis
Circuit Court
november term 1845

And the said defendant by BJ Jhonson ,
his acting counsel and defends the
force and
when a and says
that he is not guilty,
of the said sever
al grievances above laid to his charge
or any or within of them or any part
thereof as the
said plaintiff has above thereof
complained against him and
of this in the said defendant puts
himself upon the County,

BJ
atty for deft,

Let the above plea be filed

aty for

Suit for freedom
in form

let humanous

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

We command you to
Summon William Waddingham
if he, be found in your County that he
be and appear
before the Judge of our Circuit Court , on the first day of the next term thereof, to be
held at the City of St. Louis , within and for the county of St. Louis , on the third Mon-
day of November next, then and there to answer unto Sarah ,
a person of color of, her petition for freedom
And have you then there this writ.

Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. Louis , this Thirty first day of
July in the year of our Lord eighteen
hundred and forty five Jn , Ruland Clerk

On reading & considering the foregoing petition & the proofs by George W Kelby
offered thereunder, it is ordered that the said petitioner be allowed to sue
as a poor person to establish her right to freedom & that H N Hart Esq.,
be assigned as her Counsel to prosecute said suit, and it is further ordered
that the said petitioner have reasonable liberty to attend her Counsel as
occasion may require & that she be not removed of the jurisdiction
of the St Louis Circuit Court & that she be not subjected to
any severity an account of her application for freedom.

for pleading extended, 10 Dec,14 p 404 plea filed,16 p 440 for Dec 16. 1846 for new trial 17 p 476 for for 17 p 508 for bill of 17 p 523

No 81
St Louis Circuit Court
November Term 1845

Summoned Petition for freedom (Trespass)

Filed 31st July 1845
John Ruland clk (198)

Executed this writ in the,
County of St Louis on the 6th day of August 1845 by offering to the read it and the,
declaration to William Waddingham the,
defendant which he refused to hear,
and also by reading to the said William
Waddingham , the orders of the Judge
made in this case

William Milburn Shff
By A . Osburn Dpty, Service $ 2.00

Done at St Louis July 22 1845. John M Krum Judge 8th Jud.Cir.Mo.
a true copy of the orders

attest John Ruland Clk.

Notice to take Depositions.-Printed and sold at the St. Louis Job Office. In the St. Louis circuit court,
november term 1845 St. Louis MO,.
Suit for freedom,.

Take Notice, That on the second, - day of may - in the
year of our Lord one thousand eight hundred and forty-six - between the hours of
eight O, clock in the forenoon, and six O, clock in the afternoon of that day, at
the office, of James F ,. Makere, a Justice, of the Peace,, in
County and state, of Missouri ,
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the defendant,; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same hours, until
completed.

William Waddingham ,
by . To the above-named Sarah ,
St.louis April 20th 1846

I acknowledge service, of the
within, exceptions, to the formality,
of taking said depositions,

St louis April 20th 1846
atty by appointment of Judge St Louis Circuit Court for,

Instructions For Taking Depositions.

The officer taking the Depositions will observe the following forms and mode of proceeding-commence thus:

“Depositions of Witnesses produced, sworn and examined, at the office of James , F . Mahen, a Justice
of the Peace , in the County of Marion , and State of Missouri ,, before me,
(name of Officer, and style of Office,) in a certain cause, now pending in the the Saint Louis , Circuit
in the Sate of Missouri , between Sarah , a woman of color
plaintiff, and William Waddingham ,
defendant
on the part of the defendant
M. Prosser ., of lawful age, being produced, sworn and examined, on the part of the defendant deposeth,
and saith, (here insert the statement of the witness.”)

Note.-Every deposition must be reduced to writing in presence of the officer before whom it is taken, and signed by the witness.

If any paper or exhibit is produced and proved, or referred to by a witness, it ought to be described in his deposition, or marked and referred to
by the Deponent, in such manner that it may be identified when the Deposition is read-and all such papers and exhibits must be attached to, and
returned with the depostion.

The officer will annex at the foot of the Deposition of each witness, the following certificate:

“I (insert name of Officer, and style of Office,) do hereby certify, that Samuel M . Prosser , the deponent, whose place of residence
is in Marian County in the State of Missouri was by me sworn as the (or affirmed,) 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
day of May in the year eighteen hundred
and forty six, between the hours of eight O'clock in the forenoon,
and six O'clock of the afternoon, at the Office of James , F. Mahon a Justice of the Peace
in the County of Marion and State of Missouri

Given and certified, the Second day of May, 1846

P. F --."

Then proceed with other Depositions (if any) in the same form, annexing a like certificate to each.

When all the witnesses who appear have been sworn and examined, and their depositions reduced to writing, subscribed and certified as above,
the officer will attach to the Depositions all papers and exhibits, proved or referred to ein examination, the Commission and notice, (herewith en-
closed,) with the following certificate endorsed thereon or attached thereto.

“I (name of Officer, and style of Office,) within and for the County of Marion in the
State of Missouri do certify, that in pursuance of the (or annexed) Commission
notice, came before me, at the office of , Mahon a Justice of the Peace
Samuel M . Prossor (insert the names of all the witnesses,) who were or was there by me sworn and examined, and such examina-
tion reduced to writing, and subscribed by them respectively, in my presence, and their said depositions are now herewith
returned.

Given at , in the County of Marion , and State of Missouri , this
second day of May, 1846

P. F .,"

The return must be accompanied by a certificate of the official character of the officer taking them; attested by the seal of the State of -, or
by the seal of some court of record within said State-which may be as follows:

It is hereby certified, That the name of the officer, on (here insert, in words at length, the date at
which the depositions are taken and certified,) in the year of our Lord eighteen hundred and forty
was (and now is) an acting Justice of the Peace within and for the
County of Marion State of Missouri duly commissioned, and acting as such, and that full faith
and credit are due to his acts as such.

In Testimony Whereof, I, A. B ., have
[ L . S .] hereunto subscribed by name, and affixed the seal of office, this
day of May eighteen hundred and forty six

A.B .,-."

The officer taking the Depositions is required to enclose in a strong envelope, securely sealed, the Depositions, Papers and Exhibits, Commission,
Notice and Certificates, and direct the same to the Clerk of the St. Louis Circuit Court , in the City of St. Louis , Missouri ,
noting on some convenient part of the envelope, the style of the cause and contents-thus:

Depositions for Defendant

If the packet is to be transmitted by mail, it will be necessary to enclose it (directed and endorsed as above) in another envelope, directed to
Banjamin St. Thomas attorney at St. Louis , MO, in order to insure its being taking
out of the Post Office.

The depositions must be begun on the day mentioned in the notice. If they cannot be completed on that day, the taking of them may be adjourned
to the succeding day, at the same place, and between the same hours. The person taking them, should in such case, make the following entry,
closing the business for that day, viz:

Not being able to complete the taking of said depositions, by reason that (here insert the reason), I adjourn the further taking of
the same till to-morrow, then to be continued at the same place, and between the same hours, mentioned in the annexed notice.

P. F .-

On the succeeding day, let the person taking the depositions, commence as follows:

Pursuant to the adjournment as above stated, on the day of in the year eighteen hundred and forty six
between the hours of eight O'clock in the forenoon, and six O'clock in the afternoon, at the office of James St . F. Mahon ,
Justice of the Peace in Marion County, State of Missouri . I continued the taking of said Depositions as follows, viz:

N . O ., “in continuation of his Deposition, commenced yesterday, on his oath, further says, &c.

The foregoing directions must be strictly observed or the depositions will be unavailing.

Opened and, Filed 4 May 1846

Jno Ruland clerk

Deposition, for Deft,

Depositions of witnesses, produced sworn, and
examined at the Office of James F Mahan , a Justice
of the peace, in the town, of Palinysa,, in the county of
Marion , and state of Missouri ,, before me James F Mahan , a Justice, of the peace in and for said county
in a certain cause, now pending in the Saint Louis
Circuit Court , in the state of Missouri ,, between
Sarah ,, a woman of color plaintiff and William Waddingham Defendant,, On the part of the said
defendant,

Samuel M , Prosser of lawful age, being
produced, sworn and examined, on the part of the defendant, deposeth, and saith, that I am a brother
in law, to Mrs. Margaret K . Prosser , Widow of my deceased,
brother, John Prosser ,. In the year 1838 or 9, Prosser , having
sold her farm, in Mason , county in the state of Virginia , started
to move to the state of Missouri ,,
with my brother and family, with the intention of setting
there; having her daughter Mary , Prosser , who afterwards
married, to J. H ., Martin , and two negroes, Sarah , the
plaintiff in this action and George a negro, boy, in
the state of Virginia , said Sarah , was left to one William ,. Mrs Prosser carried,
on as for as Jacksonville , in the state of llinoise,
where I there reside,, and stopped, for the Winter,
and afterwards, purchased, property, and settled,
in Morgan County Illinois , after the intermarriage, of
J. H. Martin with Mary Prosser , he hired, said Sarah , and
took her to County in the state of Kentucky ,
In the fall of 1840 I think Martin , moved to the
city of St Louis , in the state of Missouri bringing,
said Sarah , with him, thinking he would not knowing that she had settled, in
Illinois , after Martin arrived at St Louis and found
that Mrs Prosser was still in Morgan county Ill,
he went over to with his family,lb/>

taking said Sarah , and her child still supposing Mrs, Prosser intended moving, to Missouri , this
was probably in the month of November shortly
after Martin arrived a Jacksonville , ( Sarah's, child
was taken very ill, and remained sick, for about
three weeks. This caused Mrs. Prosser much trouble,
and anxiety, Martin having taken Sarah , and
the child to Jacksonville , without her knowle-
dge, and desiring to send them, to Missouri , was
prevented from, doing so, by the sickness, of the
child I was the attending Physician on said child
and know that it was unsafe, and I may say,
impossible to send the said child to Missouri ,
for some time, after its recovery without managing,
its returning health and probably its life. The
weather, letting in, before its recovering so, bad and
in element that it would not, have been safe
to remove it. Mrs Prosser , regretted, very much
that Mr. Martin did not leave said Sarah ,
and child in Missouri , with a Mr Waddingham ,
of St Louis , with whom, she had made arrange
ments to through her son William , Prosser to hire her out, so soon, as her time was
out with Mr. Martin as soon as it was possible the health of the child, the state of the
roads, and the weather would permit, said Sarah ,
was taken back to St Louis and hired, out. Mrs
Prosser made every possible effort to, have Sarah ,
and child sent back to St Louis although they
were, still in the possession of Martin and as
soon, as the childs health would permit, being
moved the roads, being very bad, and the weather
severely cold, Mr Martin to to Sarah and, child
back to St Louis , and was there hired, out to said
Waddingham agreeably, to arrangements pre-
viously made by William , Prosser said Sarah ,

has continued in St Louis from, that time hired,
out, from, time to time, to different ever since, and further this deponant saith not,

I, James F Mahan , a Justice, of the peace in and
Marion County , in the State, of Illinois , do hereby certify, that Samuel M Prosser , whose residence, is
in in the county and state aforesaid
was by me sworn, to testify, the whole, truth of
his knowledge, touching the matter in controversy
in the case aforesadi the deponant was
examined and his examination reduced, to
writing and subscribed, by said deponant in my
presence, on the 2 nd day of May 1846 between
the hours of eight in the forenoon, and six, in
the afternoon of that day, at the office, of James F Mahan , a Justice of the peace in the County ,
of Marion , and state, of Missouri , given and
certified, the second day of May 1846

James F Mahan , J. P

I, James F Mahan , a Justice, of the peace within and
for the County of Marion , in the state of Missouri ,
do certify that in persuance, of the and notice, came before me,
of the Office, of James F Mahan , a Justice, of
the peace in the county and state aforesaid
Samuel M . Prosser , who was there by me sworn,
and examined and such examination reduced,
to writing, and subscribed, by him in my presence, and his said depositions are now herewith returned Given, at in the county of
Marion , in the state of Missouri , this May 1846.

James J P

Justices fees To wit,

Writing, 740 words,0. 74 one oath,5two certificates, to deposit,25 - 50changed to $ 1.49

James F. Mahan ,

Notice to take Depositions.- Printed, and sold at the St. Louis Job Office.In the St. Louis Circuit Count November term 1846. St. Louis Mo,.
Suit for Freedom,.

Take Notice, That on the seventh - day of May - in the
year of our Lord one thousand eight hundred and forty-six - between the hours of
eight O, clock in the forenoon, and six O, clock in the afternoon of that day, at
the office, of Charles Dalton ,, a Justice of the peace,, in
Jacksonville , Morgan County , and State of Illinois ,. depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the defendant,; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same hours, until
completed.

To the above- named plaintiff,
St louis April 18th 1846 William Waddingham ,
by
his attorney,.

I acknowledge service, of the within notice,, and will waive, all objections,
to the formality, of said deposition,

attorney by appt of St Louis Circuit Court as attorney, for pltf,April 18th 1846.

County Of St. Louis , Ss.The State Of Missouri ,To any Judge, Justice of the Peace, or other Judicial Officer of the State of Illinois Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit Court for the County of St. Louis , in the State of Missouri , wherein Sarah ,
a woman of color, is
plaintiff, and William Waddingham , is
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said defendant, or his

Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said par-
ties; and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon,
with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this eighteenth day of
april in the year of our Lord one thousand
eight hundred and forty six John Ruland Clerk C. C.

Depositions, of witnesses produced,, sworn and examined, at the office, of Charles Dalton , a Justice, of the
peace, in Jacksonville , in the County , of Morgan ,
state of Illinois ,, before me Charles Dalton , a Justice, of
the peace, and for, the County , of Morgan , of Illinois ,, in a certain cause now pending, in the
St Louis Circuit Court , in the state of Missouri between Sarah , a woman of plaintiff and,
Willam Waddingham defendant, on the part of defendant,
William R Prosser , of lawful age, and being produced sworn and examined,, on the part, of the defendant deposeth will saith,

Q 1 By consent, the question is asked, by the
plaintiff attorney,

Are you interested, in the result of this suit,

Ans I am not

By defendants, attorney,

Q 2 If you had any, interest in the result of this suit
have you released the same to the defendant,

Ans I have

Q 3 How long have you known, sarah the plaintiff,
in this suit, and if she was a slave when
you first knew, her to who did she belong,

Ans I have known, her over fifteen years, she was a slave when I first, knew her, and belongs a to
a man by the name, of Ish in the state
of Virginia , and has since, that time been purchased,
by my mother or fifteen, years aqo

Q 4 were you the aqent of your mother the defendant,
in this suit,, and if so, as such agent, did you hire,
out sarah to any person, in Kentucky , before she
ever, came to Illinois ,

Ans I was, the agent this far I, was going to Virginia ,

December 1839 and was requested, by my mother
to stop, in Kentucky , and hire, sarah to Mr Martin ,
who was, then living at at the mouth
of Big Sandy in Kentucky , in compliance, with my
mother request did stop, at the place aforesaid and, hired sarah to Mr Martin , for one year

Q-5 Who brought, sarah to Illinois , and when was she brought,

Ans. Mr Martin brought sarah to Illinois , in November
1840

Q-6 Had your mother any thing, to do with bringing,
sarah to Illinois ,, and did she ever, con-
sent to sarah being, brought to Illinois , to
your knowledge,

Q-7 My mother did not consent to sarahs being
brought to Illinois , so far, as I know

Q-8 Were you living, with you mother and acting,
generally as agent in her
in herNovember 1840 and for some month,
before and after

Ans I was

Q-9 Did you know that Martin , was going to being sarah to Illinois , you saw her at
your mothers

Ans To the best of recollection, now I did not
know any thing of his intention to do so,

Q-10 State whether, your mother knew that Martin ,
was going to bring, sarah to Illinois until, she
saw her arrive, at her house in Morgan County ,

Ans I do not know whether she did or not, to the
best of recollection, when sarah arrived, my
mother said that she was sorry, that sarah had,
come, and did not know that she was coming

Q 11 Did your mother request you to go to St Louis ,

to hire out sarah soon after she was brought here by Martin ,

Ans Soon after Mr Martin , came here I, was going
again to Virginia ,, once, my mother, told me
to stop, in St. Louis and hire sarah out and write to Mr Martin , and he would take her there

Q12 Did you comply with the request of your,
mother if State at what time

Ans I, in compliance with the request of mother stopped, at St Louis and contracted, with Mr Waddingham , for the hire of sarah, he agreed to hire,
sarah if she was brought down by Mr Martin , to
St Louis in were she him if not he was
hire her at any rate until I, Returned from
Virginia this was in december 1840 and I, think
between the first and middle, of the month

Q13 Did you write to Martin fas requested by your mother if so when did you write and from what place.

Ans I wrote to Mr Martin from louisville Kentucky ,
as soon as I, arrived there on my way to Virginia respecting, the arrangement, I had made with Wadding
ham,

Q14 Do you know where that letter is at this time,

Ans The letter in question, was mailed, in Louisville and
read, by Mr Martin , at Illinois , as I, am in
formed and believe since the death of Mr Martin ,
I, found the letter among any papers, and sent
it to B. F. Thomas Esq. of St Louis

Q15 When did you return from virgenia

Ans I, returned in february 1841

Q16 Did you find sarah at your mothers on your
return, home if so state the reason why she had, not been sent to St louis

Ans When I return, home I found, sarah at my mothers,
and the reason they gave for not sending her
to St Louis was, that her child, had been sick,

Q17 Did you aftwerwards take Sarah , to St Louis
and hire her out for your mother if so state
when and to whom did you hire her

Ans I, did after my return, home take, sarah to St Louis
and hired her to Mr, Waddingh I, arrived in St Louis
on the 22nd, day of february 1841. however I, considered
that I, had previously, hired her to Waddingham and
at the time I, took her to St Louis
I delivered, her to Waddingham , on the old contract
previously made . went in company,
with me when I took Sarah , St Louis
they being on their return, to Kentucky ,

Q18 Did Martin , then live in Kentucky , and was
he retruning home

Ans He did, live in Kentucky , at the time as far as I
know, and was then on his return home

Q19 Did Martin come, to Illinois , to live in November
1840, or did he only come on a visit to your
mother and her family,

Ans I, understood that he only come on a visit to
my mother, and family. he having married, my
sister-martin has died,

Q20 Has sarah ever been in Illinois , at any other time
except the time she was brought here by Martin ,

Ans Not to my knowledge

Q21 Did sarahs child die after you took her to St Louis

I, have been so informed

Q22 After Martin brought sarah to Illinois ,
did your mother design, keeping her here any
length of time or did she try to send her back,
to a slave state as soon as possible,

Ans It, was not my mothers intention to keep,
her here any length of time but intended
to send her directly to a slave state as
she told me herself

Cross examined, by plaintiff attorney,

Q23 How long was sarah here in all

Ans she came here in November 1840 and in February
1841 I, took her to St Louis Missouri ,

Q23 How long after you returned from Virginia , until
you took sarah to St Louis

Ans A few day

Q24 Was sarahs child sick when you arrived home
from Virginia

Ans I do, not recollect,

Q25 What was the matter, with the child when it was
at your mother

Ans I do not know

Q26 Was your mother apprehensive, of difficulty in regard,
to sarah if she kept her here in Illinois ,

She was

William . k. Prosser ,

I Supplied> Charles , Dautton a justice, of the peace within, and for the county of Morgan ,
and state of Illinois , do hereby, certify. that, william Prosser the deponent whose
place, of residence is, in the county of Macoufin, in the state of Illinois ,, was by.
sworn, to testify the whole truth of the knowledge the in touching the matters,
in the cause aforesaid that the deponent was examined, and his

examination reduced, to writing, and subscribed, by the deponent,
in my presence, on the seventh day of May, in the year
eighteen hundred, and forty, six, between the hours, of eight, of the hour, in the forenoon, and
six, of the hour, of the afternoon at the office, of Charles Dautton Esquire, of the
in Jacksonville , in the county of Morgan , and state of Illinois ,

given and certified, the seventh day of may 1846

Charles Dautton , J. P.

Susan I Prosser , of lawful, age being produced sworn,
and examined, on the fact of the defendant deposeth,
and saith,

Q 1 By plaintiff attorney,
Have you any interest, in the result, of this case,

Ans I have not. by defendants attorney,

Q 2 Were you living, with your mother in November 1840 and for several, years before and since that time,

Ans I was

Q 3 Who brought Sarah , the plaintiff in this suit to your mother and the time she arrived,

Ans Mr Martin , my brother in law, brought her to my
Mother in November 1840 about the 22 or 23 of the month,

Q 4 did, your Mother know, that Mr Martin , was going
to bring Sarah , to Illinois , did she consent, to his
bringing her,

Ans My Mother knew nothing of the intention of Mr Martin , of bringing her to Illinois , it was done
without her consent as far as I, can learn she
so expressed, herself to me, upon the arrival, of Sarah ,

Q 5 State whether your Mother endeavored, to send sarah back, to a Slave State immediately, after her arrival,
in Illinois , at her House

Ans She did

Q 6 State what was the, reason she was not sent back,
to a Slave State immediately,

Ans Sarahs Child, was Sick and my Mother was advised by supplied> Dr Prosser , not to send her, away at that time, it could endanger, the childs life,

Q 7 Do you know, of Mr Martin getting, a letter, from your
Brother in relation to his, having hired Sarah , to
Mr Waddingham , in St. Louis

Ans Mr Martin , was to start, to St. Louis with Sarah , so soon as he,
should receive a letter, from my brother he did receive a letter, shortly after, my brother left, home, the weather, was extremely, cold and I understood, that the
river, was frozen, over at the time and the child was also sick, at the time all of which prevented Mr Martin , from taking Sarah , to St. Louis

Q 8 State whether in your opinion Sarahs child,
was or, was not at that time so ill that
it would have endangered, its life to have taken
it to St. Louis at that season, of the year

Ans My opinion is that it would have endangered,
its life

Q 9 How long did Sarahs , Child remain sick, while
at your Mother

Ans It was sick, when it came there, and continued
sick, nearly all, the time, it remained there,

Q 10 State whether or not your Mother did not get
your Brother William R Prosser , to take Sarah , to St. Louis as soon as the Child could be
taken with safty to its health,

When Mr Martin , and My went forth, to Kentucky ,
My brother went, as far, as St. Louis in company, with
them, and took Sarah , and her child with him

the child, had only been will enough for a few, days to be taken away

Q 11 state whether the in of the weather, and
the sickness, of the child were or were not the
sole causes why sarah was not sent to
St , Louis sooner than she was

They, were the sole causes why she was not sent
sooner

Q 12 Did, your mother ever design keeping, sarah
in Illinois , any longer, than she could safely
send her and her child out of the state

Ans she did not

Cross Examined, by Plaintiff Attorney,

Q 13 Do you know what was the matter with the
child when it was sick,

Ans The, child had the dysentary, and teething, at the same
time

Q 14 By Defendant, attorney

Did Dr Prosser , go to see the child more than once

Ans I think, he was there more than once but am
not certain

&

I Charles Daulton , a justice, of the peace, within and for, the
county, of morgan& state of Illinois ,, do hereby certify that
Susan , . Prosser , the deponent,, whose place, of residence,
is in the county of Morgan , and state of Illinois ,, was
by me sworn, to testify, the whole truth of her knowledge
touching the matter in controversy, in the cause aforesaid,
that the deponent, was examined, and her examination
reduced, to writing, and subscribed by said deponent,
in my presence, on the seventh day of May eigh-
teen hundred, and forty six between eight, of the
clock, in the forenoon,, and six, of the the clock, in the

afternoon, at the office, of Charles Daulton , a justice,
of the peace, in in the county, of Morgan ,
and state of Illinois ,

given and certified the seventh day of May
1846 Charles Daulton ,. P .

Mary S ,. Martin of lawful age, being produced sworn,
and examined on the part, of defendant,, deposeth, & saith,

Q 1 Are you the widow, of Mr. Thomas H. Martin ,

Ans I am

Q 2 State if you know of your husband having
hired, sarah from your mother in 1839
and if so for how long

Ans Mr Martin hired, sarah from, my brother William R Prosser ,, who done business, for my mother in 1839
and paid money for the hire, but for what length,
of time I do not know

Q 3 Where were you living in November 1840

Ans We were living in County Kentucky ,

Q 4 state when you and your husband paid a,
visit to Illinois , when you arrived,
and any information you may posses, in
relation to sarah, coming with you,

Ans We left Kentucky , on the 10th of November 1840 and
arrived, here on the 22nd of the same month
we brought, sarah to Illinois with, us and
expected, to return, in about two weeks
my brother persuaded, us to remain here until
he could make a trip, to Virginia , and back
which we consented, to do

Q 5 was sarah brough to Illinois , with the knowledge,
or consent of your mother

Ans she was, not to the best, of my knowledge

Q 6 Did your mother endeavor, to send her back, to a slave
state immediately, after her arrival, here

Ans she did

Q 7 state what was the reason sarah was not
sent to st Louis, sooner than she was

Ans Her, child was sick the weather, was very cold and

and I understood, the river, was froze, over, and
Dr Prosser , advised my mother not to send sarah
away, with her child, in the condition it was
then in

Q 8 How long, after your arrival at your mothers before
your brother started to st St. Louis ,

Ans I do not recollect exactly, but feel certain that
it was only a few days

Q 9 Do you know whether your
husband received, a letter from your brother, in
relation to his having hired sarah in st louis ,
and state all you know upon that subject

Ans Mr martin did recieve, a letter from my brother
instructing, him to take, sarah to Mr Waddingham ,
in St Louis , where he had hired her, but he,
was prevented from taking, her for reasons
stated in a former, answer

10 What was the matter with sarahs child
and in your opinion, was it in
such a condition as would have endangered,
its life to have taken, it at that time to st Louis,

Ans It had, the dysentary, and I think was teething,
at the same time and probably, had taken, cold
my opinion is, that it would have been
a great risk, to the child, to have sent,
it away, at the time referred, to

Q 11 How long had the child been sick,, and how long
did is continue sick,

Ans the, child was taken sick, on the boat, as we
was coming from Kentucky , and continued, sick
nearly, all the time it remained here

Q 12 Did your mother send sarah to St Louis ,

as soon as she could do so, with safety to, to
her and the child

Ans, The weather, had been very cold during, our stay,
at my mother and as soon as the weather moderated, so that we, could travel we started, for home and at the same time Sarah
was taken, to St Louis by my brother

Q, 13 Did your Mother at any time design, keeping
Sarah in Illinois any longer than she could
have an opportunity of sending her with safety
to a slave State

Ans, She did, not I heard her express her anxiety
frequently to send her out of the State

Q , 14 Did you and your husband design, leaving
Sarah in Illinois when you brought, her here

Ans, We did not

Mary Martin

I Charles Daulton a Justice, of the peace, within and, for the County
of Morgan & State of Illinois , do hereby certify that Mary & Martin
the deponent, whose place, of residence is in the County of Morgan
and State of Illinois , was by me sworn, to testify the whole
truth, of her knowledge touching the matter in controversy
in the cause, aforesaid, that deponent was examined
and her examination reduced, to writing, and sub-
scribed, by said deponent in my presence,, on the
seventh day of May in the year eighteen hundred and forty six
between the hours of eight of the clock in the forenoon
and six of the clock of the afternoon, at the office
of Charles Daulton , a Justice, of the peae, in
in the County of Morgan and State of Illinois

Given and certified the seventh day of May 1846
Charles Daulton J.P.,

I Charles Daulton a Justice, of the peace, within and for the
County of Morgan , and State of Illinois , do certify that
in pursuance of the annexed, commission and notice
come before me, at the office of said Charles Daulton ,
a justice of the peace, in , in the County, and
State last aforesaid, William R . Prosser ,, Susan & C. Prosser ,
& Mary J . Prosser , Martin , who were there by me sworn, and
examined, and such examination reduced to writing,,
and subscribed, by them, respectively, in my presence,
and their said deposition are now herewith
returned

Given at in the County of Morgan
and State of Illinois this seventh day of May 1846
Charles Daulton , a Justice, of the peace,
within and for Morgan , County Illinois

Bill of

Taking, depositions 2880 wrods 12 1/2, cts per 72 words$5. 00 William K Prosser , 1 day as witness 50 Susan E Prosser , 1 day as witness 50 changed to Mary Martin 1 day as witness 50150$6.5025$6.75

State of Illinois Morgan County

It is hereby
certified that Charles Daulton , on
the seventh day of May eighteen
hundred & forty six, was,, and now,
is an acting justice of the

Peace, within for the County
of Morgan and State of Illinois , duly commissioned, and acting as such, and that full faith credit, are due,
to his acts as such.

In testimony whereof, I
Joseph Holsh Clerk, of the
County court
in and for the County and state, aforesaid have hereto subscribed, my name and
affixed the seal of office of
said court,
a of record their
seventh day of May eighteen
hundred and forty six.

Opened filed May 20th 1846

Clerk,

Depositions for Deft,

St. Louis Circuit
November term AD, 1845

suit, for frredom,
Take Notice, That on the seventh day of may in the
year of our Lord one thousand eight hundred and forty- six between the hours of
eight of, the clock, in the forenoon, and six of the, clock, in the afternoon of that day, at
the off of Charles Daulton a justice, of the peace,
in Jacksonville Morgan County , and State, of
Illinois ,
depositions will be taken by the undersigned, to be read on the trial of the above entitled case,, on
behalf of the plaintiff,; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same hours, until
completed.

To the above-named
William Waddingham Defendant,

attorney by appointment of Judge St Louis Circit Court ,
for Sarah a woman of color plaintiff,

I acknowledge service, of the
within notice,, and waive,
all objections to the formality, of
said deposition,.

April 18th 1846. B . F. Thomas ,
atty for defendant,

State of Missouri ,
county of St louis

Samuel being duly sworn maketh oath and says, that he, did on eighteenth, day
of April 1846 a true, and perfect copy, of the withing notice on William Waddingham , in the city, of St Louis , by leaving the said copy, at his usual place, of abode with,
a white,
person of his Waddingham , family
over, the age of fifteen years.
18 day of april 1845.

of

County Of St. Louis , Ss.The State Of Missouri ,To any Judge, Justice of the Peace, or other Judicial Officer of the State of Illinois Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit Court for the County of St. Louis , in the State of Missouri , wherein Sarah
a person of color
is the plaintiff, and William Waddingham
is the defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said Sarah
her
Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truch touching
his knowledge of any thing relating to the said matter in controversy between the said par-
ties; and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon,
with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this Second day of
May in the year of our Lord one thousand
eight hundred and forty six. John Ruland Clerk C.C.

Depositions of witnesses produced,, sworn, and examined at Jack ,-
sonville,, in the county, of Morgan , and state of Illinois ,
before me Charles Daulton , a justice, of the peace within,
and for the County, & state aforesaid,, in a certain cause
now pending, in the Circuit, Court, of the county, of
st. Louis, and state of Missouri , sarah (a woman,
of color) plaintiff,, and William Waddingham , defendent
on the part, of plaintiff,

James U Porter , of lawful age,, being produced sworn,
and examined, on the part, of plaintiff deposeth, and saith,

1 At what time did sarah come, in to Illinois , and Morgan county,

Ans She came to the county, and state aforesaid, in the
latter part, of October, or the first part, of November 1840

Q 2 Who did she work, for while, she was in Morgan , county, Illinois ,

Ans She was working, for Mrs. Prosser & family during the,
time I knew, her

Q 3 what kind of work, did she do doing her stay at
Mrs. Prosser ,>

Ans She was working, cooking, milking,

Q 4 How many children had sarah when she lived,
at Mrs Prosser ,

Ans She had one child which she brought with her
when she came to said County ,

Q 5 Who brought sarah into the county, of Morgan together
with her said child,

Ans A. Mr. Martin who was, the son in law, of Mrs Prosser ,

Q 6 How long was sarah at mrs.

Ans My My opinion, is that, she was at Mrs. Prosserss about four months

Q-7 How long are you sure, she was at Mrs, Prossers
in said county,

Ans I am sure, she was there three, or four months,

Q-8 where did she then go

Ans She was then taken, to St Louis , in the State
of Missouri , as I understood from Mrs Prosser and
other members, of her family,

Q-9 Was sarah held, as a slave by Mrs. Prosser , formally while there,

Ans she was Mrs Peoper said she would not mind, to keep her,
here, if it was not
for the abolitionists, but they would take her
away if she attempted, to keep her,, she was not will
ing, to risk it, on that account,.

Q. 10 Was the Proper family here

Ans They were so far as

Q. 11 What was the appearance, of sarah

Ans. She was tolerably tall, of yellow complextion tather slight build, I think

Q-12 How long have the Prosser family been here,

Ans. My my impression, is that they came here about, the
year of 1837 or 8

Janes

I Charles Daulton , a Justice, of the peace, within and, for the county, of Morgan and state, of Illi ,-
nois, do here by certify that James U Porter , the deponent,,, whose place,
of residence is, in the County , of Morgan , and state of Illinois , was by
me sworn, to testify, the whole truth of his knowledge, touching
the matter, in controversy in the cause aforesaid,, that depo,-
nent, was examined, and his examination reduced, to writing,
and subscribed by said deponent,, in my presence,, on the seventh
day of May in the year eighteen hundred and forty six, between
the, hours of eight of the clock in the forenoon, and six, of the
colock, in the afternoon at the office, of Charles Daulton , a justice,
of the peace, in Jacksonville , in the County , of Morgan , and state of Illinoins,

given and certified, the seventh day of May 1846 Charles Daulton , J.P.

*[2A]

I Charles Daulton a Justice, of the Peace within and for, the county fo Morgan , and state of Illinois ,, do hereby certify, that James Kere ,
the deponent, whose place of residence is, in the County of Morgan ,
and state of Illinois , 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 seventh day of may in the year
eighteen hundred forty six, Between, the hours of eight,
of the clock, in the forenoon and six, of the clock, in the after-
noon,
at the office, of CHarles Daulton a justice, of the
peace, in in the and Jacksonville and state of Illi ,-
nois,

given and certified the seventh day of may 1846
Charles Daulton , J.P.

James Kere , of of lawful age being next produced sworn and examined, on the part, of plaintiff,

Q1 At what time, did the Prosser family come to
the state of Illinois ,

Ans They have been, in Illinois , not
less than, than three years

Q2 Have, they resided there ever since,

Ans The Widow, and her family has with the exception,
of her son William

Q3 A what time did Mr,. Martin , and family come
here,

Ans I cannot tell at what time, James Kere ,

Elijah Bacon , of lawful, age being next prd
duced sworn, and examined,, on the part, of the plaintiff deposeth, and saith,

Q-1 At what time did, the Prosser Family come to
Morgan county Illinois ,

Ans They have resided here, from five, to eight years permanently,

Q-2 At what time did Mr Martin , and Family come
to said county,

Ans two three years since,

Q3 What servant, have you seen, at Mrs Prossers,

Ans I saw, a mullatto woman, there but at what time I do, not now recollect,

Q4 What was, done with, said Mullatto,

Ans I understand, she was, taken to St Louis Missouri ,
and supplied> hired, out

Q5 Had, said Mullatto, any children,

Ans I think she had one child,

Q-6 was she held, as a salve

Ans That was my understanding,

Elijah Bacon ,

I Charles Daulton , a Justice, of the peace, within and for the
county, of Morgan , and state of Illinois do hereby certify, that
Elijah Bacon , the deponent whose place, of residence, is in the county, of Morgan , and state of Illinois ,, was by 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 seventh day of May in the year eighteen
hundred and forty six, between, the hours, of eight, of the
clock, in the ,supplied> forenoon, and six of, the clock, in the afternoon, at the office, of Charles Daulton , a Justice, of
the peace, in Jacksonville , in the county, of morgan, and
state, of Illinois ,

given and certified, the seventh day of May 1846 Charles Daulton J.P.,

Not being able, to complete, the taking, of said depositions,
by reason, of the sickness, of J.R. Simmons , one of witnesses, the further taking, of the same tell tomorrow,
then to be continued, at the same place,, and between, the
same hours mentioned, in the annexed notice,

Charles Daulton JP,

This day came the plaintiffs attorney, and discontinued,
the further, taking depositions, in the cause mentioned, in the annexed notice,

Given, and certified, the 8th day of May 1846 Charld Daulton JP

I Charles Daulton , a Justice, of the peace within,
and for the county, of Morgan , and state, of Illinois ,
do certify, that in pursuance, of the annexed, commis-
sion and notice came, before me, at the office of
said Charles Daulton , a Justice, of the peace, in Jacksonville , in the county, and state last aforesaid,
M. Porter James Kere , Elijah , Bacon , who by me
sworn, and examined, and such examination reduced, to writing and subscribed, by them respective
ly in my presence, and their, said depositions, are now, herewith returned,

given at Jacksonville , in the county, of Morgan , state of Illinois , this eighth day of may 1846
Charles Daulton , a Justice, of the peace,
in and for the county, of Morgan State , of Illinois ,

Bill of cost,Issuing/ 1 Subpoena, - 18 3/4 taking depositions, 1128 words 200218servy 4 06 30$2,98 Certificate2525$ 3.23

State of Illinois M
Morgan County ,

I Joseph
Clerk of the County Common Court, in and for said
county, do certify that Charles Daulton Esq whose name appears subscribed,, to the
certificate, of depositions was, at the time, of signing, the
same and still is and acting Justice, of
the Peace within, and for said county, Duly commissioned and qualified according,
to law, and that as such full,

faith, and credit, should be, given to all of his official ats,

In testimony whereof, I hereby,
set my hand and affix, the
seal, of said court, at Jacksonville ,
this 9th day of may AD1846

J.M . Porter ,

Deps, for plff,

Opened and filed november
18th 1846 John Ruland Clk,

In St louis circuit court November term AD 1845

Take Notice, that on the thirteenth day of november in the
year of our Lord one thousand eight hundred and forty- six, between the hours of
Eight o'Clock, in the forenoon, and six o'Clock, in the afternoon of that day, at
the office of Charles Daulton a Justice, of the
peace, in Jacksonville Morgan county state of Illinois ,
depositions will be taken by the undersigned, to be read on the trial of the above entitled case,
on behalf of the plaintiff,; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place, and between the same
hours, until completed. St. Louis ,October 29th AD 1846

To the above named William Waddingham ,
defendant, Sarah a woman of color,

William Waddingham
Notice to defendant,

Executed this notice, in the county, of st louis ,
on the 29t day of October 1846 by
a true copy, thereof at the usual, place of abode,
of William Waddingham , with a member of his,
family a white person over the age of fifteen year

Samuel Conway sheriff,

County Of St. Louis , Ss.The State Of Missouri ,To any Judge, Justice of the Peace, or other Judicial Officer of the State
of Illinois Greeting

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses
in a cause depending
in our Circuit Court for the County of St. Louis , in the State of Missouri , wherein Sarah ,
of color, is plaintiff, and William Waddingham , is
defendent, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said plaintiff, or her Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said par-
ties; and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be pro-
duced, or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon,
with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this thirty first day of
October in the year of our Lord one thousand
eight hundred and forty six. John Rulland Clerk C.C.

Depositions of witnesses produced sworn, and examined
at Jacksonville ,, in the County , of Morgan , and
state of Illinois ,, before me Charles Daulton ,
a Justice, of the peace within, and for the
county, and state aforesaid,, in a certain
cause now pending in the Circuit court,
of the county, of st. louis and state of
Missouri ,, Between, Sarah a, woman of
color plaintiff,, and William Wadding ham,
defendent, on the part, of the plaintiff,

J. R . Simons , of lawful age being being produced,?
sworn, and examined, on the part, of the
plaintiff deposeth, and saith

I am acquainted with, the Prosser , famly, they
they removed, to Illinois , about nine years since, I understand they came from the state of Virginia ,
I knew, Thomas H ,. Martin the Son-in-law of Mrs
Margaret , Prosser I have understood, that he
is now dead, the widow, of said Martin
is now living. Mary is her given, name
Wlliam, Susan Mary ,, Margaret ,, John Robert Samuel , are the names of the children of John
Prosser dec'd, I suppose that John Martin
died some, two or three years since Martin
was in Illinois , on a visit, before he removed
to the state, and I think he removed, to the,
county, about four years since, I never heard from Mrs,, Prosser of her family, that they claimed, to own blacks,
I have heard, from others that they owned a,

negro, woman, I either, saw or heard that
the woman, that I have spoken,
before as being at Mrs Propers had a child
with her when there, I do not know whether,
said woman and child were, claimed by
Mrs Prosser as slaves or not I do not
know when the woman and child did
came to Illinois , or who brought, them, or
when they were taken, away, or who -
from Illinois nor, where they came
from I am related, to Mrs Prosser only
by marrige, my, son married, Mrs. Prossers
Daughter and my Daughter married Mrs
Prossers Brother-in-law Mr, Martin was employed, as a clerk in my store while, he and his wife resided here, but I do not recollect, how long.
I do not know whether Mr, Martin and family
corresponded with, Mrs. Prosser and her family
before they Martin , and family, came to Illinois ,
I do not recollect, at what time or, how long
the negro, woman alluded, to was, at Mrs.
Prossers Martin , was here some time before he
removed the interval, was not long between

J ,. R . Simons ,

state of Illinois
Morgan County ,

I Charles Daulton , a Justice, of the peace,
of said County, do hereby certify,: that J.R . Simons ,, the deponent,
whose place, of residence, is in the county of Morgan , state of Illinois ,, 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 thirteenth day of November in the year of our lord, one thousand
eight hundred forty six, between the hours, of eight O clock, in the forenoon and,
six o clock, in the, afternoon at Jacksonville , in the County , of Morgan , and
state of Illinois ,

given and certified the 13th. day of November A.D. 1846 Charles Daulton , J.P.

Elias Brown , lawful age being next pro
duced sworn, and examined on the fort,
of the plaintiff deposith, and saith

I know Mrs Margaret Prosser , and her family,
the family, of Mrs, Prosser did claim, to be
the owner, of slaves, since they came, to the
state of Illinois , they claimed, to own a
negro woman by the name, of Sarah this must have, been in the winter of 1841 or 2
that I saw said, woman with he child, at
the house of Mrs Prosser ,, when I saw, it,
it was sitting on the floor, I
he was the son-in-law of Mrs Prosser , said
Martin , and family resided in Illinoins, in the
winter of 1842 and 3 and boarded, at my
house in the County , of Morgan ,, he Martin ,
was not in business here at that time
but, was afterwards employed as a clerk,
in the store in Jacksonville the, woman Sarah was held, in Slavery
by Mrs, Prosser . while in Illinois , I do not
know whether she was claimed, as the indi-
vidual property of Mrs. Prssen or whether,
by the estate.

Elias Brown

State of Illinois Morgan County

I Charles Daulton , a Justice, of the peace,
of said county do hereby certify that Elias Brown whose
place, of residence, is in the County of Morgan & State of Illinois
was by sworn to 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 sub
scribed, by said deponent, in my
presence,, on the thirteenth day of November in the
year, of our lord, one thousand eight hundred and
forty six, between the hours, of eight O Clock, in
the forenoon, and six O Clock, in the afternoon
at Jacksonville ,, in the County , of Morgan , and
state of Illinois ,

given and certified the 13th day of Novem-
ber AD. 1846 Charles Daulton J,. P.

State of Illinois
Morgan County

I Charles Daulton , a Justice,
of the Peace within and, for the county, of Morgan
and state of supplied> Illinois do certify, that in pursuance,
of the annexed commission, and motive,, came
before me at my office, in Jacksonville , in the
county & state aforesaid J ,. R . Simons , and
Elias Brown , who were there, by me sworn,
and examined,, and such examina
tion reduced, to writing,, and subscribed, by
them, respectively, in my presence, (there being present,
at said examina-
tion Davis Esq. attorney, for
plaintiff, and Dr. S. M . Prosser agent or attorney,
for the defendant,,) and the, said depositions are now, herewith returned,

given under my hand, and seal, at
Jacksonville , in the county state aforesaid
this 13th day of November A. D. 1846 Charles Daulton J,. P. cost, $2.00

State Of Illinois ,
Morgan County ,
Ss.

I, , Clerk of the county mission court, within and for said county,
Do hereby Certify, that Charles Daulton Esq,
whose name appears to the attached Certificate, of Deposition, was, at the time of
signing the same, and still is an acting justice of the peace, within and for
said county, duly Commissioned and Qualified, according to Law, and that as such
full faith and credit should be given to all his official acts,.

In Testimony Whereof. I hereto set my hand and affix the
Seal of said Court, at Jacksonville , this 13th
day of November Clerk.

County Of St. Louis , Ss.The State Of Missouri ,To
William Milburn
Greeting:

You are hereby commanded that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the first day of December
A.D.1846 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 Sarah a woman of colors is
plaintiff and William Waddingham
defendant on the part of defendant.
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this twenty seventh day of Novermber
in the year of our Lord one thousand eight hundred and
forty six John Ruland Clerk, C. C.

Circuit Court Nov. Term 1846

for Dec. 1st 1846

William Milburn

Executed November 27th
1846 by

Samuel Shff
By Dep.
service 50 cts,

The State Of Missouri ,
County Of St. Louis , Ss.To George Kilby - Alphonso Witmore ,
Greeting:

You are hereby commnaded, that setting side all manner of excuse and delay, you appear
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 pendng in our said Court,
wherein Sarah a woman, of color, is
plaintiff and William , Waddingham ,
defendant on the part of plaintiff,
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal there of hereto affixed, at office, in the City of St .
Louis , this 1st day of december
in the year of our Lord one thousand eight hundred and
forty six John Ruland Clerk, C.C.

Executed December, 20 1846 by reading it, & to Geore Kilby , and A Witmore , and D D Davis ,

Samuel , Conway , Sherrif,
1,30

for pltf forthwith,

Geo Kilby ,
for
or
A Witmore ,
D D Daavis,

County Of St. Louis , Ss.The State Of Missouri , To Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the fourth day of december
1846 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 Sarah a colored woman,
plaintiff and William Waddingham ,
defendant on the part of supplied> pltf, and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 4th day of December
in the year of our Lord one thousand eight hundred and
forty- six John Ruland , Clerk, C.C.

Executed,December 4th 1846 by making known, to
Dr. White , the contents, of this writ,

S Conway , Sherrif, by D.H . Bishop Deputy, service, 50 cts,

Dr, White

County Of St. Louis , Ss.The State Of Missouri ,To Nathanial , Childs - Mrs and Miss
/ him on for main & 2d st right hand side
Dr Barrett, Miss Miller
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the fourth day of
December 1846 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 Sarah a person of color is,
plaintiff and William Waddingham
defendant on the part of plaintiff
and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this 4th day of December
in the year of our Lord one thousand eight hundred and
forty-six. John Ruland Clerk, C.C.

Nathanial , Childs, sent
Mrs & Miss Vanburgen, 2d streets

Dr Barrett
Miss Miller

Executed December 3 1846 by reading
it to N Childs Sr , also by Mrs
Vanbergen and Miss Vanbergen in St Louis County by copy
Dr, Barrett & Miss Miller not found, in

Samuel Conway ,
Sheriff 1,70

County Of St. Louis , Ss.The State Of Missouri ,To William Milburn , Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 15 day of December,
AD.1846 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 Sarah (a woman of color)
plaintiff and William Waddingham ,
defendant on the part of defendant, and herein you are in no wise to fail.

Witness, John Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of St .
Louis , this fourteenth day of December
in the year of our Lord one thousand eight hundred and
forty- six John Ruland , Clerk, C. C.

Wm Milburn ,

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

We command you to attach Geo Kilby , Dr White ,
by bod ies, and safely keep, so that you have bod ies, before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the
County of St. Louis , forthwith, then
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said Circuit Court , between Sarah of color,
plaintiff, and William Waddingham , defendant, wherein
the said Kilby , White and Childs, have heretofore been summoned
on the part of the said Sarah ,

Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 14th day of
Dec in the year of our Lord, one thousand
eight hundred and forty- six Clerk, C.C.

Executed this writ by having, the Body of George Kilby before the judge of the circuit court in the county of St Louis ,December 14th 1846

White not served, by counsel,

Attach forthwith,

White , Kilby ,

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

We command you to attach Duportal D Davis ,
by his, body and him, safely keep, so that you have his, body before
the Judge of our Ciruit Court, now in session at the City of St. Louis , within and for the
County of St. Louis , forthwith, then
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said Circuit Court , between Sarah of color,
plaintiff, and William Waddingham , defendant, wherein
the said D D Davis , has heretofor, been summoned
on the part of the said Sarah ,

Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 15th day of
dec, in the year of our Lord one thousand
eight hundred and forty- six John Ruland , Clerk, C. C.

Executed this writ, on the 15th day of December 1846
by having before, the Court the body of D D Davis , he
having come, in however before service,

S. Conway Sheriff, By D.H . Bishop Deputy,

1.00

50

1.70

1.50

50

50

5.70

3.50

att forthwith,

D D Davis ,

St louis Circuit court nov. term 1846.

The defendant, in the above
entitled, case, moves, the court, to set aside,the
verdict, and grant, a trial,; Because,

1st The verdict, is against the evidence,

2nd The verdict, is against the law,

3rd The verdict, is against the law and evidence,

4th The verdict, is against the wieght of testimony,

5th The court erred, in ruling, out certain facts, of
the of the depostions offered, to be read, on the part of defendant,

6th The court misinstructed, the jury,

7th The court erred, in refusing, to grant the
instructions, asked for by defendants counsel,

8th The court erred, in giving verbal instructions,
to the jury,: that is in verbally instructing, the jury that the matters chiefly relied upon by, the defendant, in defence of this suit to wit, the sickness, of the plaintiffs child while,
in Illinois , at Mr Wm K Prosser between the latter part of,nov 1840, and
the ninth, of february 1841 - the bad, state of the
roads, - the cold and inclement weather, - at
that time, afforded no, excuse, or justification, for Mrs Prosser , in detaining plaintiff, in Illinois inasmuch, as the mother and child are separate and distinct pieces of property.

9th The Court erred, in accompanying, the instruc,-
tions given, to the jury, with the above verbal remarks,

Harvey & Thomas ,
attys, for defendant,

St.louis Circuit court
nov. term 1845

Motion reasons, for
a new trial,

Harvey & Thomas ,
Attys for Deft,

Filed,Dec.17th. 1846

Jn Ruland Clk,

Circuit court nov. 7 1846
suit for freedom.

Said defendant by his
Counsel,
moves the court to cause said above
entitled cause to be redocketed in order
that the motion for a new trial formerly
filed, by defendant in said case may be
reheard,
& argued by defendants counsel becuase,
.

Said motion for a now trial
was called up argued by plaintiff counsel, overruled by the court after the usual
adjourning hour of said court, to wit,
on the 16th day of january AD 1847, & after 4 O clock of said day the established
hour for adjourning,
& in the absence of
defendants counsel.

Harvey Thomas , atty for def,

Circuit
nov 7. 1846

motion for rehearing
of motion for new trial
formerly filed in this
case.

Harvey Thomas
attys for Deft,

Filed feb. 2nd 1847

Jn Ruland clerk.

St. Louis Circuit Court
nov. term 1846.

Be it remembered, that on the trial of the above entitled, cause the plaintiff read in, evidence the following deposition (present deposition of J ,. M ,. Porter , James Kere , Ilijah Bacon ,, J ,. R ,. Simms Elias Brown ,

White , summoned, on the part of the, plaintiff, testified that he, knew plaintiff
that he had practised, for her and her children for several, years in St Louis ,. a gentleman, by the name
of Wm K ,. Prosser , employed me to attend her,
plaintiff was in my employ - I can't say when she, came into my employ, don't
don't know who hired her to me originally, don't don't know to when I paid the hire, don't know, where
she, came from when she, came into my employ,
I think she went, to Mr Child's when she left, me.
I think Mr Prosser took her, away from me. He
came to my house, to receive her pay, the first,
child had the bowel, complaint, owing, to teething,.
It, was in the summer when I attended her. don't know how old, the child was, can't tell, what
part, of the summer, it was; don't know, the year
when I attended, the child:- think it was sometime,
in the year 1842:- can't however,, be positive about that,.

Nathanial Childs Senior testified that the, plaintiff
lived, at his house about three months, in the latter part of 1840, upto march 1842. I really did not hire her, from any one my family told, me
there, was a woman, for hire and they hired her,
according to my direction,. Sarah went to Dr. White when she left my house. I understood Mr Prosser ,

- that

called upon, me for her wages,; plaintiff child died while, at my house. don't know, what was the matter,
with her child,.

George Kilby testified that he knew plaintiff she, was in his employ for sometime,; don't know that she was ever, in Illinois , I, never saw her, in
defendants employ,. I hired her about,
the 10th or 11th of April 1844 I had her, for six months when I wrote to Wm K ,. Prosser , to come, and take her away,. I hired her from Mr Martin , Prosser claimed, plaintiff as belonging to his mother,: that at the
that at the time of bringing, this said witness had no, control
over, plaintiff was plaintiff his charge & control the if the witness had delivered her up, according to the order, of
Dr. Prosser ,, he could have held witness liable,;
from court if witness,
did not wish for her, to stay any longer, at his
house, to send her, to him.*[2A]

was all, () this had had .

all the .

This was all evidence on part, of plff- Defendant read, in evidence, the following depositions, of said depositions next depositions of Susan C,.
Prosser Mary Martin ,, Samuel A Prosser Wm K Prosser ,._

The Court when objetioned by plff ruled out questions, 6, 8, 9, 11, 12
13, 14, 15, 18, 20, 21, & 22, and marked, in pencil in the margin in Wm , K . Prossers defs,
, to which decision, of
the court,, defendant accepted at the time,.

In Samuel M ,. Prossers deposition,, the

Henry S Hart , stated
that he sent for Waddingham before the
filing,
of the petition for the reason that the repres
ted owners lived in Illinois and he was at a loss
to know who to make defendant as Kilby had
denied having the plaintiff in his control, thus
Waddingham came, and stated that he hired such
from Wm K . Prosser , and that she was under his
charge and control, that he held her as a slave and
that witness could not obtain her freedom that he was present,
when Waddingham ,
told Kilby , after he Kilby
had told him that Dr Prosser ,
had sent an order
for sarah, that if he Kilby had delivered her up to
the order of Dr Prosser ,
, he Waddingham ,
would have
held him Kilby personally liable, and requested,
Kilby
to send her to his house.

[3] and “ Jacksonville ,”, in the 2nd page, & 4th line from, top, down
to the workds, “ Mrs,”-being about 13 1/2 lines, & included,
within pencil, marks; as also, from the word “ Martin ,”
on 2nd page, & 23rd line from, Top, down to the word, “ Mr,”.
- being about, nine lines, & included within pencil,
marks upon objection read, by plff,- were ruled out, by the court on, the ground
of irrelevancy to which decision, of the court defendant, excepted at the time he Susan & Prosser , questions 5. 7. 8. & 11. and in Mary Martin ,
questions 6. 13. & 14 the several answers, thereto were, ruled out,
& excluded, by the court of the trial,-

This was, all the evidence on the part of defendant,.

Defendant asked the Court to give the
following instructions ( all of defendents instructions,) which the Count refused to do, and which the court fefused to do and to which,
refusal of the Court defendant by his counsel, excep-
ted at the time.

The Court then instructed the jury, as follows,
( insert, instructions given by the Court,) to the giving,
of which instructions defandant by his counsel, excep-
ted at the time.

The jury, returned the following verdict, ( not the verdict, of the jury,)

Afterwards, defendant filed a motion, for
a new trial in this case, as follows, ( insert motion for, a new trial) which, the court overruled,,
which ruling of the court, defendant by his counsel excepted, at the time, and prayed that his Bill of
exceptions, in that behalf might be allowed. which
is accordingly done, this 8th, day of february A. D.
1847; and upon his motion, the same, is ordered,
to be made part of, the record, in this case,.

John M Krum ,

Bill of exceptions,

Filed,feb. 8th. 1847
Jn Ruland , clerk

Circuit Court nov. term 1847.

On this eighth day of Febru-
rary in the year aforesaid one thousand
eight hundred and forty seven before me
the undersigned John Ruland , Clerk, of the
St. Louis circuit court, personally came,
William Waddingham ,, defendant in the
above entitled case, who being by me duly
sworn, on his oath, states that the appeal
in the above entitled, case is not made for
vexation, or delay, but because
believes that appellant, is agreived by, the decision of the court in this cause.

subscribed and sworn, to before
me Feb 8th 1847 Jn Ruland clerk William Waddingham ,

St. Louis Circuit Court nov. 1847

for appeal

filed feb 1847 Jn Ruland clerk,

In the present suit for freedom under the statute,
of Missouri , the plaintiff claims that her has violated the ordinance of Illinois
of 1787, by introducing slavery wiithin, its limits,
the question to ascertain, whether such violation, has been committed and a forfeiture
of her mistress, or any
to hold any further the plaintiff in slavery, is whether
Mrs Margaret , K . Prosser ,, received Sarah into
the State of Illinois and Kept her any time in
said State as a slave, and whether the plaintiff
could possibly have been sent to a slave, State at any
time previous to her being brought to Missouri
if the jury should find these facts in the affirmation
then the plaintiff is entitled to her freedom and
they must find the defendant guilty,

for plaintiff

2.

That an, emigrant passing, into or thro
Illinois ,, of residing
in that state, - and having with him, a slave,
thus passing thro or, temporary soujourning,
with said slave, not with
to his freedom.

3.
If the jury believes that, Sarah was taken
to her mistress's house,. Wm, Prosser . or,
a visit,, and not held there, as a residing slave,.
they must, find for the defendant,.

4.

- That if they believe, that Sarah , being
on a visit, in Illinois ,, was detained there,
by something of the nature, of necessity -
such, as swollen streams, of water - which could, not be crossed, without danger -
serious sickness of the family or of
her own child, - that then things actu-
ally did exist, in preventing the return, of Sarah - and that she did
return, to St Louis , as soon as they
were removed, - then they, ought to
find for the defendant.

5. That the, act of Martin in removing Sarah cannot impair, the rights, of her owner,
unless such act, were done, with the
knowledge, & consent, of her owner,
or the subsequent ratification, of such owner,.

4 Mo.Rep. 352.

1. If the jury from the evidence,

defendants justification,

If the jury believes, from the Evidence that
Sarah , the Plaintiff in this action, was taken
to the, State of Illinois , by any person, having
the right, or claiming the right to the service, of the Plaintiff - & that she was there, detained in Illinois , & there held,
in servitude, for the space, of three or,
four months- the plaintiff is entitled to,
her freedom & the jury will so
findi in their verdict, - (Here z.)
But if the, jury believes from,
the Evidence that the Plaintiff Sarah ,
was only taken to Illinoise temporarily,
by the person or persons having
the right or claiming, the right
to the service, of the Plaintiff. & only
detained or kept, there during,
a temporary visit, of such
person, without, any intention,
or purpse, on the part, of such,
person or persons, to keep or detain Sarah ,,
in servitude, in Illinois or beyond,
a mere temporary visit where they contemplate, as the time of going, there -
if these, facts appear in Evidence
to the, satisfaction of the jury,, they
Should find, for the defendant,

The sickness, of the child, of Sarah , - bad
roads, - Cold weather high water, bad and uncomfortable traviling constitute, no legal excuse, or jus-
tification for detaining, Sarah
in Illinois beyond, the time necess,-
ary, to the temporary
visit, of the, person or persons who took Sarah , to & which they had in
of taking her, into that State -

Sarah vs Waddingham ,

that a visit or occasional visits or a slave,
from a slave state, to his or her master in Illinois does not Work,

No. the in

If the jury, believes from the evidence that Martin ,
brought Sarah , into Illinois , without the assent
of Margaret K Prosser ,, but that after he ar-
rived at the residence of said Prosser , in said
state she the said Prosser , received said Sarah and took control, over her as a slave,
and kept her for some, time in said state of Illinois ,
as her slave, and used her as such, and that said Prosser , could have sent her out of Illinois prior, to the time Sarah was brought to Missouri ,
and that the defendant was in St. Louis for said Prosser ,
then they must find the defendant guilty.

If the jury, believe from the evidence that the
plaintiff was only temporarily kept in Illinoise ,, and
merely as the servant of a transient, visiter, then
she did not thereby, acquire a right to her freedom

2. Dec. 17 If the jury believe, from the evidence that J H Martin ,
took the plaintiff to Illinois ,, on a temporary
visit to his relatives while said plaintiff was
in his service, ( according, to the terms of the
control, of control, between said Martin and
Margaret K . Prosser , (the legal owner of the
plaintiff) and that she was taken to said state
without the knowledge and consent, of Mrs.
Prosser ,, there such fact, does not give the
plaintiff a right to her freedom.

3. Dec. 17. If the jury, believe from the evidance there
J. H. Martin took the plaintiff to Illinois ,,
without the knowledge and consent of her legal
owner (mrs. Margaret , K . Prosser ,) and that
her owner used every means to sand her back
to a slave state, but was presented from so
doing immediately, though fear of endan
garing the life of the infant child of the plain
tiff, which was then dangerous, sick, that
this is not such a holding in slavery, under
the law as entitles the plaintiff to her
freedom, and that verdict to be for
the defendant.

4. If the jury, believe from the evidance that
plaintiff was carried to the state of Illinois
without the knowledge and consent,of her legal

owner ( Margaret K ., Prosser ) and that
Mrs. Prosser endeavored to send her back to a
slave state, but was prevented from so, doing,
for some time, owing, to the sickness and
delicate, condition of plaintiffs infant child,
and that Mrs. Prosser , did send her out of the state
of Illinois ,, so soon as the health, of the child,
the bad state of the roads and the incliment winter,
weather permitted, without detriment to the
feeble health of the child, then such detaining,
of plaintiff in Illinois ,, for the causes aforesaid,, does
not entitle her, to her freedom, and the verdict ought, to be for the dependant.

Dec.17. 5. Before the jury can find, for the plaintiff in this action
they must be satisfied from the evidence that the
plaintiff was taken to the state of Illinoise , with the
knowledge and consent, of her legal owner,, and that her
owner ( Margaret , K . Prosser ,) detained, plaintiff
in that state with the intention, of holding
her in, slavery.

If the jury, believe from the evidence that the
plaintiff, was carried to the state of Illinois , without the
knowledge and consent, of her legal owner, and
that her owner (Mrs. M. K . Prosser ) detained, There and longer, Than the sickness of her child, the bad state of
the roads and the inclement weather, made it
necessary, and that plaintiff was sent out of said
state as soon as possible without without endangering,
her child's life, then such detention, in
Ilinois , does not give the plaintiff a right
to her freedom and ther verdict ought to be for
the defendant,.

for defendant,

If the jury beleive that
The owner of the plff resided in Illinois and
while so residing there the plaintiff was held,
and used as a slave with the owners for any
time the jury will find for the plff

The jury are instructed
that the alleged sickness of the plffs child
in Illinois is no excuse,
why the said
plff was kept in there.

Dec 17 Refused Dec17

Instructions refused,
for plaintiff.