Malinda and Nelly, Free Persons of Colour, by and through Their Next Friend, Beriah Cleland v. Robert Wilburn
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State of St LouisSt Louis
Sangamon CountySangamon County
S S

In Persuance of a Dedimus to me
Directed by the Circuit Court of the
County of St LouisCounty of St Louis and State of MissouriMissouri
a Subpoena issued for the attendance of
SamuelSamuel L Irvin on the Twenty first day of January AD Eighteen Hundred and Twenty four Between the hours
of Six AM and Six PM at which
Time the Said SamuelSamuel L Irwin
attended and was Examined on his oath
Touching a matter in Controversey now
Pending in the Circuit CourtCircuit Court for the
County of St LouisCounty of St Louis wherein NellyNelly
a woman of Coulor is Plaintiff and
Robert WilburnRobert Wilburn Defendant

As Touching the Matter as afforesaid
the Deponant Saith that in the
Last of october 1821Robert WilburnRobert Wilburn
brout as above to his Residences
on Richland Creek Sangamon CountySangamon County
then MadisonMadison and keept her till
some time in December the Same Year
at the time Said wilburn braut
NellyNelly to this place he told me
that he intended to move to MissouriMissouri
Boath before and after said wilburn
Braut NellyNelly to this place and at Sundry
times he told me he intended to
move also said wilburn said his
Improvement to me in July 1821

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and in Consequence of his wife's
not being in a Situation to move he
was Detaind as he told me and in
December 1821 said WilburnWilburn took NellyNelly
from this place and said he was going
to Misoury to make a Crop and he
Could not Stay himself but intended
to Leave NellyNelly and his boys and Come
back for his family and further the
Deponant Saith not This 21 Day of January 1824

Sworn to and subscribed
before me the under
Signed one of the
acting Justices of
the peace in and
for the County and
State afforesaid

AbrahamAbraham Sinnard
Justice of the peace

SamuelSamuel L Irwin