Lydia vs. John Butler
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St. Louis Circuit CourtCircuit Court
Febry. Term 1822

LydiaLydia free girl
vs
John Butter

On the trial of this cause it was proved
on the part of the plaintiff that are WinneWinne mother of the
said plaintiff was carried into the now state of IllinoisIllinois
between twenty and thirty years years since by one PhebePhebe Whitesides
WhitesidesPhebe Whitesides alias Prewitt and her husband when and
where the said WinneWinne was by them held in slavery du-
ring 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 new State ofMissouri
MissouriMissouriand that the said crime was from that time held
in slavery to the present time. The counsel for the de
fendant 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 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 in-
struction the Court refused, but charged the jury
that said ordinance did in law set the said WinneWinne
free if it should appear to the satisfaction of the
jury that the said PhebePhebe and her then husband resided
there with intent to make that territory the home of
themselves and of the said WinneWinne : and that the said

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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 accordingly in open Court this
tenth day of March in the year one thousand eight hundred and twenty two.

N. B. TuckerN B Tucker