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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
entitled to her
color in
in his
is
about
of one
about that time sent your
the
in
when
back to
permitted your
time on
dollars per month and
did hire herself to
said
establish her freedom that counsel may be
says that he
by
in
in her petition aforesaid & he believes
all the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
complains of
the said
then
and her the said plaintiff then
in
to
untill this term &
plaintiff
& the
plaintiff
the
she was
holds the plaintiff in slavery where the
plaintiff says
sustained damages to
&
We command you to summon
injured and hath
institute suit against
the Court permit the said
be commenced against the said
and it is ordered by the court that the said
her counsel and the Court when occasion may require it, and that the said
out of the
for freedom
together with the copy of the order made by
the Honorable Judge of the circuit to
of
1834
& false imprisonment
suit for freedom under
the
required by
the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We, reposing special trust and confidence in your integrity and circumspection, do authorize and require you that you cause to come before you such person or persons as shall be named to you by
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to
The said
between the hours of
in the
to
one the trial of said
day (
day
No depositions will be
given your on
This
Form of heading
justice of the peace within and for the county of
at the end of each
of
of a
and state of
is
an the
A B of Lawful
on the
be
and
of each
follows
of october 1835
At the
be
and for the
Sworn to testify the whole truth of their knowledge
touching the matters in controversy between the
aforesaid that their
on the days
as above stated
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Clerk of the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of witnesses taken before the undersigned a justice of the peace
nither & for the county of Davies & state of
at Owensborough in said state & county
the end of each deposition between the hours of nine O clock in therefore
evidence on the trial of a
County and state of
and Berry
and
1 Question by Plaintiff Do you know a mulatto woman named
please describe the age complexion
Answer
and sold as was of said to
can
2nd Question by De. Do you know that said
indiana? If so, please state who sent her there how long she laboured or
master
being sent there to labour.
Answer I was young at the time
to be in the state of
she was there from report or rumour; neither do i known of my own personal
knowledge by whom she was sent there she was absent i think between
20 and 30 days where it was said she was there - my father
whether he sent her to indiana or directed her to be sent or
to her being sent there i am unable to state as i did not see
them start nor do i
there.
3rd Question by De. Did you ever know
father
answer- I did.
his Knowledge
aforesaid that his
the
the
above
deposition
the sum a
aforesaid
his acts as
set my hand and
seal of said
day of
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And the said
by
the
is
grievances above laid to his
Complaining
this he puts himself upon the country
And for a further
alias
the said
time of the
aforesaid was &
this that the said
at the said time was
by
of this he puts himself upon the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
before the Judge of our
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plaintiff
to the within Louis (a
the
in the county of the
sub: for
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commanded to summon
before the Judge of our
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
Served this writ by reading it to
1836
service 50
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We the jury are of opinion
that the plaintiff in the above
case is entitled to her freedom
and issue the damages at one Dollar
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Reasons for a new Trial
Because
testified as a
Newton a white man
was and
event of this suit, because in the bill of
sale given by him of the said
said defendant is a clause binding
the said Newton to defend the said
session of said
claims. And the said defendant,
fore contends that though the said
Newton
was a party in interest, and being a
white man, the said
to have been admitted to
Reasons for for new trial
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
he acted as atorney for the defendant.- That
previous to the time of trial he did not know
or suspect in the slightest degree that a person
of color was to be introduced as a witness and
that when
up as a witness he was
This affiant further says that not supposing
that any person of color was to be brought
in court on he trial a bill of sale from
dant
of the said plaintiff
of sale this affiant had heard of but
tains a
ports to be for the
in
tially therefore between
maker
was employed to act for defendant in their case
by said Newton through his agent.
affidavit
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
sworn on his oath saith that he prays
an appeal in this case from the judgment
of the Court: which appeal is not made
for vexation or delay, but because this
affiant believes that he is aggrieved by the
judgment of this Court.
Filed
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Be it remembered that on the trial of
this cause, one
testify on behalf of the plaintiff, and gave in evidence
that about nine or ten years since the plaintiff,
was sent by
Daniels county
where she remained about four weeks with the knowl
edge and consent of the said
there, she remained in the family of
that the said
vices of
diana.
Duncan, after the time when the said
diana, sold her to
one
The plaintiff also read in evidence the following
depositions. (Here insert them.) Upon this evidence
the jury found a verdict that the plaintiff was en-
titled to her freedom, and assessed the damages
at one dollar, and the court entered judgment
accordingly.
The defendant within the legal time moved
the court to set aside the verdict and grant a new
trial for the following readers in writing and on
the following affidavit; (here set out the written
reasons and the affidavit) which affidavit
was read on hearing of said motion, but the
Court overruled said motion: to which opinion
of the Court overruling said motion, the defendant
by his counsel excepted, and prays the court to sign
and seal this his bill of execeptions, which is
accordingly this
After the above evidence had been given in the
above case, the counsel for the plaintiff offered to
continue the above case as well as another of a simi
lar
Bill of Exceptions
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
1st If the
that the should
there and while there was used and
a
for the the plaintiff
2. The
the
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
This was a suit for freedom
circuit court of saint Louis county by
color who held her in slavery. Upon the trial in the
court aforesaid a man of color by the name of
was produced as a witness and testified on behalf of
the said
at the
of the said
by surprise by the introduction of
aforesaid. The court
grant a new trial, for which refusal, the case is
Did the circuit
trial?
ral assembly of the state of
held in slavery to
of
2.
ding to the act of the
of
page 624 see: 19.
3. The power of the court to grant new
they
they will not
tent testimony.
4. The court will not grant a new trial to let the
into a
15