Jenny vs. Robert Musick
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St Louis Circuit CourtCircuit Court
Febry 1822

JinnyJinny a free girl
Robert MusickRobert Musick

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 Illi-
nois between twenty and thirty years since by one PhebePhebe
whitesides alias PruittPruitt and her husband when and where
the said WinneWinne was by there held in slavery during the
space of three of four years: that at the end of the
said time of there or four years the said PhebePhebe with
her said husband removed to the now state of MissouriMissouri
and that the said WinneWinne was then and for years after
wards claimed and held as their slave there. 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 ofmore
than nominal damages in this action by the plain
tiff, which instructions the Court refused but changed
the Jury that said evidence 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

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there with intent to make that territory the home of
themselves and of the said WinneWinne : and that the said
plaintiff was entitled to damages in this form of action
an the same principles that any other plaintiff might
recover in an action of false imprisonment. To
these opinions of the Court delivered to the Jury the
Council for the defendant excepted and prayed the Court
to sign and seal a bill of exceptions taken there
to which is done accordingly in open Court this tenth day of February in the year one thousand eight hundred and twenty two

N.B Tucker

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