Malinda vs. Phebe Whitesides
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St. Louis Circuit CourtCircuit CourtFebry. Term 1822

MalindaMalinda free girl
Phebe Whiteredes alias

On 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 Il-
linois between twenty and thirty years since by the said
defendant and her husband: when and where the said
WinneWinne was by them heldin slavery 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 even
since such removal; and that said plaintiff was born
after such residence of the said WinneWinne in the now
State of IllinoisIllinois as aforesaid. The counsel for the defen-
dant then required the Court to instruct the jury that
a residence in the then North West territory (now Illi-
nois) as above mentioned did not render the said Win
ne free under and in virtue of the ordinance of Con-
gress of 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; which
instruction the Court refused; but changed the jury
that said ordinance did in law set the said WinneWinne
free, if it should appear to the satisfaction of the jury

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that the said defendant and her then husband resi-
ded there (in IllinoisIllinois) with intent to make that
territory the home of themselves and of the said WinneWinne
To this opinion of the Court delivered to the jury the Coun-
sel for the defendant excepted and prayed the Court
to sign and seal a bill of exceptions taken thereto
which is done accordingly in open Court this tenth day of March in the year one thousand eight hundred and twenty two.

N. B. TuckerN B Tucker