Winny vs. Phebe Whitesides (alias Pruitt)
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St. Louis Circuit CourtCircuit Court

PhebePhebe Whitesides WhitesidesPhebe Whitesides alias Pruit

February Term 1822

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

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