Theotiste alias Cathicthe v. Pierre Chouteau
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Theotiste alias CaticheCatiche
vs
Pierre Chouteau, Jr

Suit for freedom in the Saint LouisCircuit Court
Circuit CourtCircuit Court , tried at the November Term of said Court 1828. In form of
an action of assault & Battery & false
imprisonment.

Be it remembered that on the trial of this cause it was proved
that the plaintiff was born at PrairiePrairieDuRocherRocher , in that part of the
the late North Western Territory of the United StatesUnited States, which now forms
the state of IllinoisIllinois, in the month of January 1782: That said plain-
tiff was born a slave in the family of W Barbeau a French inhabitant of the
village of PrairiePrairie Du RocherRocher , by whom she was held as a slave at
PrairiePrairie Du RocherRocher from the time of the birth of said plaintiff until
the death of said Barbeau which happened some ten or fifteen years
after the birth of said plaintiff. That said plaintiff was sold as
a slave at PrairiePrairie Du RocherRocher , after the death of said Barbeau by
the executor of said Barbeau or some other person, who claimed
her as a slave & who held said plaintiff in slavery in said late
North West Territory of the U. StatesUnited States, now state of IllinoisIllinois, by title
derived form, said [ Barbo ]. That in or about the year 1809or1810 said
plaintiff was brought from said North West Territory of the UnitedUnited States
StatesUnited States, now state of IllinoisIllinois, by a person claiming title to her as
a slave & by whom she was held in slavery, under title derived
from [ Barbo, ]Barbeau to St. LouisSt Louis in the then territory, now state of MissouriMissouri
where she was sold as a slave to one Manuet LisaLisa , under title
derived from whom the present defendant claims the defendantas his slave
where said plaintiff has been held in slavery from the time that
she was first brought to St. LouisSt Louis, to the commencement of this
Suit. No other evidence was given in the cause by either party. The counsel for the plaintiff asked the court to give the
following instruction to the Jury, Viz. "That if the jury believe from the evidence, that the plaintiff
was born in the late North Western Territory of the United StatesUnited States,
now state of IllinoisIllinois, in the year 1782 and was held there as
a slave, since the 13th July 1787, and has since been held as
a slave, they ought to find for the plaintiff." Which instruction the Court refused to give to the jury-to which
refusal the plaintiff of the Court, the plaintiff, by her counsel
excepts. The Court then instructed the Jury, that if they be-
lieved from the evidence that the plaintiff was a slave born in the late
North Western Territory of the United StatesUnited States, in that part of said
Territory, which now formed the state of IllinoisIllinois, prior to the
13th July 1787nonwithstanding sheand has been held in slavery there since
that time, they ought to finds for the plaintiff defendant.

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To the giving of which last mentioned instruction, given
by the Court to the Jury, the plaintiff, by her counsel
excepts, and prays the Judge of the Court to allow the
exceptions and sign and seal the same for a testimony
in the cause, and that the Court will permit this her bill
of exceptions to be filed and become part of the record
in this cause, which is done accordingly

WillWill C. CarrCarr