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 IllinoisIllinois
Sangamon CountySangamon County

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 ElizabethElizabeth SmithSmith
on the Twenty first Day of JanuaryAD Eighteen Hundred and Twenty four Between the hours of Six
A M and Six P M at which time
the said ElizabethElizabeth SmithSmith attended
and was examened on her oath

Touching a matter in Controversy
now Pending in the Circuit CourtCircuit Court
for the County of St LouisCounty of St Louis where
NellyNelly a woman of Colour is
Plaintiff and Robert WilburnRobert Wilburn
Defendant as Touching the matter
as afforesaid the Deponant Saith
that in October or November 1821
I was Cauld on to attend
said wilburn's wife in Child bed where
I saw a black Child probbable her name
was NellyNelly and I herd said WilburnWilburn
Say that he did not know what he
should Do in Consequence of his wife
being Sick he Should have to Leave

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Part of his family and go to MisouriMissouri
And Further the Deponant Saith not
This 21 day of January 1824

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

AbrahamAbraham Summond
Justice of the peace

Elisabeth SmithSmith