Hannah, a free girl vs. Phebe Whitesides
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St Louis Circuit CourtCircuit Court
Febry Term 1822

HannahHannah a free girl
Phebe WhitesidesPhebe Whitesides

In the trial of this cause it was
proved on the part of the plaintiff that one WinneWinne
mother of the said plaintiff was carried into the
now state of IllinoisIllinois between twenty and thirty years
since by the said defendant and her husband when
and where the said WinneWinne was by them held in slave-
ry during the space of three or four years: that at
the end of said time of three or four years the said
PhebePhebe with her said husband removed to the now
state of MissouriMissouri carrying the said WinneWinne with
them in which last mentioned place the said WinneWinne
has been held in slavery ever since such re-
moval: and that said plaintiff was born after
such residence in IllinoisIllinois of said WinneWinne as afore
said The counsel for the defendant then required the
court to instruct the jury that a residence in the then
north west territory (now IllinoisIllinois) as above mentioned
did not render the said WinneWinne free under and in
virtue of the ordinance of Congress of the year one thousand seven hundred and eighty seven for the
government of the territory of the united states north
west of the river shio which instruction the
court refused hub changed the jury that said ordi-
nance did in law set the said WinneWinne free if it

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should appear to the satisfaction of the jury that the
said defendant and her then husband resided there
(in IllinoisIllinois) with intent to make that territory the
home of themselves and of the said WinneWinne and that
the said plaintiff wasentitled To this opinion of the
court delivered to the jury the counsel for the defendant
excepted and prayed the court to sign and seal a
bill of exceptions taken thereto which is done ac-
cordingly in open court this tenth day of March in the year one thousand eight hun-dred and twenty two

N. B. TuckerN B Tucker