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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.
The petition of
John
your petitioner states that by an order of
the
of Virgina she was
and
of
the said
to the state of
of the
of said
said
and
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.
that at this time
year
of
and
of
the
of
Your petitioner represents unto your Honor
and
said in the said
as
kept your
the
of
that after holding your
of
as aforesaid, the said
from
the state of
and
your
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.
of our
she was kept in slavery
present date has been held in slavery in this
unknown
in writing for the body of your petitioner
that it was his intention to take your petitioner
to
fifth day of July A
D 1845
he would take your
Your petetioner further
represents that the material facts in her
petition she can only
For and in consideration of the permission
your petitioner would
to grant
that she may be enabled to
as her right, her freedom, and all and singular
such
Honor should
and as in duty
Personally appeared before me
a Justice of the
when being by me
in this petition to her knowledge are true, and such as are stated from
formation she
that the said
a poor
freedom,
as her counsel
petitioner have reasonable liberty to
attend her
out of the
that she
ity on account of her
freedom
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.
for that the
and for the
81-
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 defendant by BJ
his acting counsel and defends the
force and
when a and says
that he is not
of the said several
grievances above laid to his charge
or any or within of them or any part
thereof
said plaintiff has above thereof
complained against him and
of this in the said defendant puts
himself upon the
Let the above
Suit for freedom
in forma
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to
if
be and appear
before the Judge of our
held at the
day of
a
On reading & considering the foregoing petition & the proofs by
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
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
any severity an account of her application
filed
Summoned
Executed this
declaration to
defendant which he refused to
and also by reading to the said
made in this case
Done at
a true copy of the orders
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Take Notice, That on the
year of our Lord one thousand eight hundred and forty-
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the
on that day, will be continued from day to day, at the same place, and between the same hours, until
completed.
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.
The officer taking the Depositions will observe the following forms and mode of proceeding-commence thus:
“Depositions of Witnesses produced, sworn and examined, at
of the Peace
(name of Officer, and style of Office,) in a certain cause, now pending in the the
in the Sate of
plaintiff, and
defendant
on the part of the
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
is
whole truth of his
examined, and his
and
and
in the
Given and certified, the
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
notice, came before me, at
tion reduced to writing, and subscribed by them
returned.
Given at
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
which the depositions are taken and certified,) in the year of our Lord
was (and now is)
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
Depositions for
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
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.
On the succeeding day, let the person taking the depositions, commence as follows:
Pursuant to the adjournment as above stated, on the
between the hours of
Justice of the Peace in
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
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of
examined at the Office of
of the peace, in the
in a certain cause, now pending in the
produced, sworn and examined, on the part of the defendant,
in law, to Mrs.
brother, John
sold
to move to the state of
there; having her daughter
plaintiff in this action and
the state of
on as for as
where I there
and afterwards,
in
J. H. Martin with
took her to
In the fall of
city of
said
that Mrs
he went over to
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
taking said
was probably in the month of November shortly
after
was taken very
three weeks. This caused Mrs.
and
the child to
dge, and desiring to send
prevented
child I was the attending Physician on said child
and know that it was
impossible to send the said child to
for
its returning health and probably its life. The
in element that it would
to remove it. Mrs
that Mr.
and child in
of
ments to through her
out with Mr.
was taken back to
and child sent back to
moved the
back to
viously made by
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.
has continued in
out,
in
was by
his
in the case aforesadi the deponant was
examined and his
writing and
the hours of eight in the
the afternoon of that day, at the
for the
do certify that in
of the
the peace in the county and state aforesaid
and examined and such examination
to writing, and
Justices fees
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Take Notice, That on the
year of our Lord one thousand eight hundred and forty-
behalf of the
on that day, will be continued from day to day, at the same place, and between the same hours, until
completed.
to 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.
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
a woman of color, is
plaintiff, and
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said
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
county of
with all convenient speed.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
state of
the
Willam Waddingham
William R
Q 1 By
Are you
Ans I am not
By
Q 2 If you
have you released the same to the
Ans I have
Q 3 How long have you
in this suit, and if she was a slave when
you first
Ans I have
a man by the
of
by my mother
Q 4 were you the aqent of your mother the
in this
out
Ans I
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
to
who
of Big Sandy in
mother request did
Q-5
Ans. Mr
1840
Q-6 Had your mother any
sent to
your
Q-7 My mother did not consent to
brought to
Q-8 Were you
generally as agent in
in her
before and after
Ans I was
Q-9 Did you know that
your mothers
Ans To the best of
know any thing of his intention to do
Q-10 State
was going to
saw her
Ans I do not know whether she did or not, to the
best of
mother said that she was
come, and did not know that she was coming
Q 11 Did your mother request you to go to
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
to hire out
Ans Soon after
again to
to
Q12 Did you comply with the request of
mother if
Ans
hire her at any rate until
between the first and
Q13 Did you write to
Ans I wrote to Mr
as soon as
Q14 Do you know where that letter is at this
Ans The letter in
formed and believe since the death of
it to B. F. Thomas Esq. of
Q15 When did you return from virgenia
Ans
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Q16 Did you find
Ans When
and the reason they gave for not sending her
to
Q17 Did you aftwerwards take
and hire her out for your mother if so state
when and to whom did you hire her
Ans
and hired her to
on the
that
at the time
I
previously made
with
they being on their
Q18 Did
he retruning home
Ans He
know, and was then on his return home
Q19 Did
1840
mother and her
Ans
my
sister-martin has
Q20 Has
except the time she was brought here by
Ans Not to my knowledge
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Q21 Did
Q22 After
did your mother
length of time or did she try to send her
to a slave state as soon as
Ans
her here any length of time but intended
to send her directly to a slave state as
she told me herself
Cross
Q23 How long was
Ans she came here in
1841
Q23 How long after you
you took
Ans A few day
Q24 Was
from
Ans
Q25 What was the
at your mother
Ans I do not know
Q26 Was
to
She was
I
and state of
sworn, to testify the whole truth of the knowledge
in the cause aforesaid that the deponent was examined, and his
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.
in my
in
given and
and
and
Q 1 By
Have you any
Ans I have not. by defendants
Q 2 Were you
Ans I was
Q 3 Who brought
Ans
Mother in
Q 4
to bring
bringing
Ans My Mother knew nothing of the intention of
without her consent as far as
so
Q 5 State whether your Mother
in
Ans She did
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Q 6 State what was
to a Slave State
Ans
Q 7 Do you
Brother in relation to
Ans
should
Q 8 State whether in your opinion
was
it would have
it to
Ans My opinion is that it would have
its life
Q 9 How long did
at your Mother
Ans It was
Q 10 State whether or not your Mother did not get
your Brother William
taken with safty to
My
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.
the
Q 11 state whether the in
the
sole causes why
sooner
Q 12
in
send her and her child out of the state
Ans she did not
Cross
Q 13 Do you know what was the matter with the
child when it was
Ans
time
Q 14 By
Did Dr
Ans I
not certain
I
Susan,
is in the county of
by me
touching the matter in
that the
in my
teen
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.
afternoon, at the
of the
and state of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Mary
and examined on the
Q 1 Are you
Ans I am
Q 2 State if you know of your husband having
and if so for how long
Ans Mr
and paid money for the
of time I do not know
Q 3 Where were you living in
Ans We were living in
Q 4 state when you and your husband paid
visit to
and any information you may
relation to
Ans We left
we
he could make a
which
Q 5 was
or consent of your mother
Ans she
Q 6 Did your mother
state
Ans she did
Q 7 state what was the reason
sent to st
Ans
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
and I
Dr
then in
Q 8
your brother started to st
Ans I do not
it was only a few days
Q 9 Do you know
husband
relation to his having hired
and state all you know upon that subject
Ans Mr martin did
in
was
stated in a
10 What was the matter with
such a condition as would have
its life to have
Ans It
at the same time and
my
a
it
Q 11 How long had the child
did is continue
Ans
was coming from
Q 12 Did your mother send
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
as soon as she could do so, with
her and the child
at my mother and as soon as the
was
have an opportunity of sending her with safety
to a slave State
frequently to send her out of the State
I
of Morgan & State of
the deponent, whose
and
truth, of her knowledge touching the matter in controversy
in the
and her examination
between the hours of eight of the clock in the forenoon
and six of the clock of the afternoon, at the office
of
in the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I
in pursuance of the
come before me, at the office of said
a justice of the
State last aforesaid, William
&
examined, and such examination reduced to
and
and their said deposition are now herewith
returned
Bill of
It is hereby
certified that
the
hundred & forty six
is an acting justice 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.
to his acts as such.
Opened filed
Depositions for
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Take Notice, That on the
year of our Lord one thousand eight hundred and forty-
in
depositions will be taken by the undersigned, to be read on the trial of the above entitled
behalf of the
on that day, will be continued from day to day, at the same place, and between the same hours, until
completed.
all
of
a
person of his
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.
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
a person of color
is the
is the
and every such person, and at such time and place, as shall be named to you for that purpose
by the said
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
county of
with all convenient speed.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of
before me
and for the
now
st.
of color)
on the
James
and examined, on the
1 At what time did
Ans She came to the
latter
Q 2 Who did she
Ans She was
time I
Q 3 what kind of
Mrs.
Ans She was working, cooking,
Q 4 How many children had
at Mrs
Ans She had one child which she brought with her
when she came to said
Q 5 Who brought
with her said
Ans A. Mr.
Q 6 How long was
Ans My
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Q-7 How long are you
in
Ans I am
Q-8 where did she then go
Ans She was then
other
Q-9 Was
Ans she was Mrs Peoper said she would not
here,
for the
away if she
Q. 10 Was the
Ans They were so far as
Q. 11 What was the
Ans. She was
Q-12 How long have the
Ans. My
year of
I
of
me
the
and subscribed by said
day of May in the year eighteen hundred and forty six
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.
*[2A]
the
and
in the
in my
eighteen hundred forty six
of the
at the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Q1 At
the state of
Ans They have
Q2
Ans The
of her son
Q3 A what
Ans I cannot tell at what
duced sworn
Q-1 At what time
Ans They
Q-2 At what time
to said
Ans
Q3 What
Ans
Q4 What
Ans
and
Q5
Ans I think she had one
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.
Q-6 was she
Ans That was my
to
the matter in
to writing, and
hundred and forty six
the
Not
by
then to be
same
This day came 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.
I
and for the
do certify, that in
sion and
said
M. Porter
ly in my
I
Clerk of the
same and still is and
the
to
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 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.
Take Notice, that on the
year of our Lord one thousand eight hundred and forty
Eight
depositions will be taken by the undersigned, to be read on the trial of the above entitled case,
on behalf of the
on that day, will be continued from day to day, at the same place, and between the same
hours, until completed.
Notice to defendant
Executed this
on the
a
of
family a white person over the age of fifteen year
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.
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
of color, 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
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
county of
with all convenient speed.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of
at
state of
a
cause now pending in the
of the
defendent, on the
J. R.
I am
I
is now
is now living.
Wlliam,
was in
to the state, and I
I
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
before as being at Mrs Prossers had a child
with her when there, I do not know
said woman and child
Mrs
know when the woman and child
came to
when they were
from I am
by marrige,
Daughter and my Daughter married Mrs
Prossers Brother-in-law
I do not
before they
I do not
the
Prossers
removed the
I
of said
whose
examination
eight hundred forty six
six
state of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Elias
of the plaintiff
I
the
the
state of
negro woman by the
that I saw
the house of
it was sitting on the floor, I
he was the son-in-law of
winter of
house in the
was not in business here at that time
in the store
by
know whether she was
vidual property of Mrs. Prssen or
by the estate.
I
of said county do hereby certify that Elias Brown whose
was by sworn to to testify the whole truth of his
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
knowledge
the cause aforesaid, that deponent was examined
and his examination
forty six
the forenoon, and
at
state of
I
of the
and state of
of the
before me at my
county & state aforesaid
Elias Brown, who
tion
at said examina-
tion
plaintiff, and Dr. S. M.
for the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I,
Do hereby Certify, that
whose name appears to the attached
signing the same,
said county, duly Commissioned and
full faith and credit should be given to all his official
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You are hereby commanded that setting aside all manner of excuse and delay, you appear
before the Judge of our
A.
D.1846
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Executed
1846
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
You are hereby commnaded, that setting side all manner of excuse and delay, you appear
before the Judge of our
at the
testify, and the truth to say in a certain matter of controversy now pendng in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
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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.
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
1846
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part 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.
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 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, that setting aside all manner of excuse and delay, you appear
before the Judge of our
December 1846
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
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Mrs & Miss
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Executed
it to N Childs
Vanbergen and Miss Vanbergen in St Louis County by copy
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
A
D.
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part 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.
Not found
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We command you to attach
the Judge of our
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said
plaintiff, and
the said
on the part of the said
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Executed this writ by
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We command you to attach
by
the Judge of our Ciruit Court, now in session at the
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said
plaintiff, and
the said
on the part of the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Executed this
by
having
1.00
50
1.70
1.50
50
50
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The
1st The
2nd The
3rd The
4th The
5th The
the
6th The
7th The
8th The
to the
in
the
that time,
9th The
tions
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a
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Said defendant by his
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
& argued by defendants
.
Said motion for a now trial
was called up argued by plaintiff
adjourning hour of said court, to wit,
on the
hour for
& in the absence of
defendants counsel.
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motion for rehearing
of motion for new trial
formerly filed in this
case.
Filed
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of
plaintiff was
I think
I think
came
child had the
in the year
according to my
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with her
the 10th or
Dr.
did not
house, to
This was all
13, 14, 15, 18, 20, 21, & 22,
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that
of the petition for the reason that the repres
ted owners lived in
to know who to make defendant as Kilby had
denied having the plaintiff in his control, thus
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
when
told Kilby, after he Kilby
had told him that
had sent an order
for
the order of
, he
would have
held him Kilby personally liable, and
Kilby
to send her to his house.
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[3] and “
to the
within
on 2nd page, & 23rd
- being
marks upon objection
of
questions 6. 13. & 14
&
Defendant asked the Court to give the
following instructions (
refusal of the Court defendant by
ted at the time.
The Court then instructed the
(
of which instructions defandant by his
ted at the time.
The
a new trial in this case, as follows, (
which ruling of the court, defendant by
is accordingly
1847
to be made part
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On this
rary in the year aforesaid one thousand
eight hundred and forty seven
the undersigned
above entitled case, who being by me duly
in the above
believes that
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In the present suit for freedom under the
of
of
the
of her
to hold any further the plaintiff in slavery, is whether
the
said State as a slave, and whether the plaintiff
could possibly have been sent to a
time previous to her being brought to
if the jury should find these facts in the affirmation
then the plaintiff is entitled to her freedom and
they must find the defendant
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2.
That
in that
thus passing thro
with
to his freedom.
3.
If the
to her
a
4.
- That if they
on a
by something of the
serious sickness of the family or of
her own
ally did
were
find for the defendant.
5.
unless
or the
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1. If the jury
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If the
the
in
four months- the plaintiff is
her freedom & the jury will so
the Evidence that the Plaintiff
was only taken to
by the person or persons having
the right or
to the
a temporary
person,
or
person
in
a
Should
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The
tification for
in
of
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from a
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If the
brought
of
rived at the residence of said
state she the said
and kept her for
as her
and that the defendant was
then they must find the defendant guilty.
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plaintiff was only
merely as the servant of a
she did not
2.
took the plaintiff to
visit to his relatives while said plaintiff was
in his service, (
plaintiff) and that she was taken to said state
without the knowledge and
plaintiff a right to her freedom.
3.
J. H. Martin took the plaintiff to
without the knowledge and consent of her legal
owner (mrs.
her owner used every means to sand her back
to a slave state, but was presented from so
doing
garing the life of the infant child of the plain
tiff, which was then
this is not such a holding in slavery, under
the law as entitles the plaintiff to her
freedom, and that verdict
the defendant.
4. If the
plaintiff was carried to the state of
without the knowledge and
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Mrs.
slave state, but was
for some time,
and that Mrs.
of
the bad state of the roads and the incliment
weather permitted, without detriment to the
feeble health of the child, then such
of plaintiff in
not entitle
they must be satisfied from the evidence that the
plaintiff was taken to the state of
knowledge and
owner (
in that state with the
her
knowledge and
that her owner (Mrs. M. K.
the roads and the inclement weather, made it
necessary, and that plaintiff was sent out of said
state as soon as possible without
her child's life, then such
to her freedom and ther verdict ought to be for
the
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for
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If the jury beleive that
The owner of the plff resided in
while so residing there the plaintiff was
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
why the said
plff was kept in