Jenny vs. Charles Halton
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St. Louis Circuit CourtCircuit Court

Febry Term 1822,

JerryJerry a free man
vsCharles HattonCharles Hatton

On the trial of this cause it was proved
on the part of the plaintiff that one WinneWinne mother
at the said plaintiff was carried into the now State ofIllinois
IllinoisIllinois between twenty and thirty years ago by one PhebePhebe Whitesides
WhitesidesPhebe Whitesides alias PruittPruitt and her husband when and where
the said WinneWinne was by them held in slavery during
the space of three or four years: that at the end of the
said time of three or four years the said PhebePhebe with
her said husband removed to the now State of MisMissouri
souri and that the said WinneWinne was there and for years
afterwards claimed and held as their slave there and is
still held as a slave. 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 StatesUnited States
North West of the river OhioOhio, and also that the law
did not authorize the recovery of more than nominal
damages in this action by the plaintiff which instruc
tions the Court refused but charged the jury that
said Ordinance did in law act the said WinneWinne free

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if it should appear to the satisfaction of the Jury
that the said PhebePhebe and her husband resided in Illi
nois with intent to make that (then) territory the
home of themselves and of the said WinneWinne ; and that
the said plaintiff was entitled to damages in this form
of action on the same principles that any other plain
tiff might recover in an action of false impris
onment. To these opinions of the Court delivered to the
Jury the Counsel for the defendant excepted and
prayed the Court to sign and seal a bill of excep
tions 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

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