Lewis vs. Phebe Whitesides
View original image: Page  003
[missing figure]

St. Louis Circuit CourtCircuit Court
Febry Term 1822

LewisLewis a free boy
vs
PhobePhobe Whitesides WhitesidesPhobe Whitesides aliasPruittPruitt

On the trial of this cause it was
proved on the part of the plaintiff, that between twenty
and thirty years age the said defendent and her husband
removed from CarolinaCarolina to the then territory north
part of the OhioOhio,(now) StateIllinois of IllinoisIllinois, bringing with there
as their slave one WinneWinne , the mother of the said plaintiff,
that they resided in the said last mentioned place
three of four years keeping the said WinneWinne as their
slave; that they then removed to the now state of MissouriMissouri,
carrying the said WinneWinne with them and still
holding her as their slave. The Counsel for the defendent
then required the Court to instruct the Jury that a residence
in the 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 north west of the river
OhioOhio: which instruction the Court refused but changed
the Jury that said ordinance did in law set/unclear> the said Minne free if it should appear to the satisfaction of the
jury that the said Phobe and her husband resided there
(in IllinoisIllinois) with intent to make that territory the home
of themselves and of the said Minne. To this opinion

View original image: Page  004
[missing figure]
of the court delivered to the Jury the Counsel for the
defendent 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 February in the year one thousand eight hundred and twenty two.

N. B. TuckerN B Tucker

[missing figure]