Susan, a free woman of color v. Henry Hight
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To the Honorable the Judge of the CircuitCourt
of the Northern Circuit of the Territory of MissouriMissouri
[ sicting ] as a CircuitCircuit Court CourtCircuit Court in and for the CountyCounty of Saint Charles
of SaintCounty of Saint Charles CharlesCounty of Saint Charles

The Petition of SusanSusan a free black
woman humbly showith. That some time above
the year one thousand eight hundred and ninety
one JamesJames Royall removed your petition from
the state of [ MaryMary land ] into the then Indiana/now IllinoisIllinois) Territory) and continuedtoreside in said
Territory keeping your petitioner in his possession
until some time about the year the thousand eight
hundred and twelve. when your petitioner was
removed to the now MissouriMissouri Territory, and has ever
since been held as a slave by the plaintiff
Herny Hight who as your petitioner has been informed
is administrator of the estate of the what of the said JamesJames
Royal now decreased. That your petitioner
has been informed that in consequence of having
been removed into the IndianaIndiana Territory as aforesaid
and having resided there for the timeaforesaid the
is entitled to her freedom by order of an ordinance and of
CongressCongress papers for the Government of said
Territory. Wherefore your petitioner prays that
your honor will order that an action may
be instituted against the said HenryHenry Hight
on behalf your petitioner for the purpose of [ accu=ering ] her freedom if she be entitled to it and
that counsel may be assigned your petitioner

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to assist her in conducting said suit and that such other
order may be made as is necessary in this behalf
And your petitioner will ever pray &c

2nd May 1817

SusanSusan by

M"M Girk

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SusanSusan free woman
vs
H. Hight

filed 2nd May 1817

Wm. Christy for C.C.

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WilliamWilliam B. Whitesides states that he knew a negro
girl named SusanSusan to be in the possession of JamesJames
Reyal in the now IllinoisIllinois Territory for about two years
preceding 1812 when the said Reyal removed the
said girl from said Territory to the now MissouriMissouri
Territory. and that he understands and believes the
said girl is now in the possession fo HenryHenry Hight
of St Charles CountySt Charles.

WilliamWilliam B Whiteside

Sworn to and subscribed
before me a Justice of
the peace for St CharlesSt Charles
sournthy the 30th April 1817
James Green J F

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Susan Negro Girl
affidavit
Wm B. Whitside

Filed 2 May 1817

Wm. Christy JC

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Territory of MissouriMissouri
Country of Saint Charles

Sct.

Personally Came before me
William ChristyWilliam Christy for Clerk of the Circuit CourtCircuit Court for the County ofCounty of Saint Charles
Saint CharlesCounty of Saint Charles in the in the Town of Saint Charles, M. McGirk and do
state on oath that he knew a certain Negro girl named SusanSusan
to be in the possession of HenryHenry Hight administrator of James
Rain [ Deceid ], and the said Hight claimed the said girl a
the property of said Rain Deceased. and she has been claimed and is yet claimed by HightHight as a slave one under hire
to someone in St. CharlesSt Charles by said Hight

And I have often heard HenryHenry Hight say that
said SusanSusan did come from within IllinoisIllinois Territory and
that she has resided with oneJamesJames Royal
There for some time

MM McGirk . McGirkM McGirk

Sworn into & Subscribed
in open Court
2 May 1817M. Christy Jc.
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Territory of MissouriMissouri
CountyCounty of Saint Charles of Saint CharlesCounty of Saint Charles

Sct.

The UnitedUnited States StatesUnited States of AmericaAmerica
To the Sheriff of the Country of Saint Charles_ Greeting

We Command you to SummonHenryHenry Hight if he be
Found in your County to be and appear before the Honorable
the Judge of our CircuitCircuit Court CourtCircuit Court to he holden for the CountyCounty of Saint Charles
of Saint CharlesCounty of Saint Charles at the Court House in the town of SaintSt Charles
CharlesSt Charles on the Fourth Monday in November next. Then and there to answer Susan N Free Black Woman of a Plea of Trespass with force and arms. To The Damage
of the said SusanSusan of Five Hundred Dollars
And have you then thre and this writ.

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WitnessWilliamWilliam Christy ChristyWilliam Christy Junior
Clerk of our said Court at SaintSt Charles CharlesSt Charles the Ninth day of June in the year of our Lord one thousand Eight hundred & seventeen and in the Forty first year of the Independance
of the United StatesUnited States

Wm ChristyWilliam Christy J.C.

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Executed Sheriff
Sheriff $ 1,,50

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SusanSusan a free woman
vs
HenryHenry Highte

Mar. Jmp.

Dam $ 8. 00

To the Clerk let a summons
issue to Nov term 1817
M GirkM Girk
somptines
attor
on the fourth
Monday in November
McGirkMcGirk

filed the 26th May 1817

Wm ChristyWilliam Christy JC C.C.C.

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Executed in the Township of Portage des Seoix on the
24th day of July one Thousand eight hundred and seventeen

Parmer Dept Shff

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SusanSusan a free woman
HenryHenry Hight

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Territory Of MissouriMissouri,
County of St. Charles.

ss.

The United StatesUnited States of AmericaAmerica the Sheriff of said county. Greeting:

are hereby commanded to summon WilliamWilliam ThompsonThompson
that all excuses and delays set aside he should appear before the Judge of our circut court, at the next
february term on the first day thereof, to the truth of his knowledge a certain
matterof controversy in the said court depending, between Plaintiff and Defendant, the part of the
plaintiff hereof not to fail not at your peril, and have you then there this writ.

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Witness, of our said at Saint CharlesSt Charles , this day of in the year of our Lord one thousand eight hundred and eighteen and in the forty second year of the
Independence of the United StatesUnited States,

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case- A a slave in IndianaIndiana, sues B her
master then, gets Judgnent of freedom
resides there- the master 5 years after
moves to MissouriMissouri, gets possession of
A in Missouri_ A sues in Aug
same, can A recover?

The Circuit CourtCircuit Court at St LouisSt Louis
have said Aimle be a slave

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issue All

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no 127

October S. 1820
Circuit CourtCircuit Court
February Term 1818

SusanSusan a Black Jr
vs.
HenryHenry Hight

Sum

WilliamWilliam ThompsonThompson

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Executed in the Trespass
Saint CharlesSt Charles in the 9th day of February 1818.

J. Devore

to June.
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1 Service $. 0.3
Mileage .53
0.83

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HenryHenry Hight
ads
SusanSusan a Blackwoman
February Term 1818.

And the said HenryHenry Hight
saith that the said replicaton of her the said SusanSusan
and the matters and things therein contained are not good and sufficient in law to enable her
the said SusanSusan to have and maintain her
said action thereof against him the said HenryHenry
and this be the said HenryHenry is ready to verify- Therefore for want of a sufficient replication in this behalf the said HenryHenry prays judgement
and his costs to be adjudged to him M

And for cause of demurrer in this behalf
according to the form of the statue in such
case made and provided. The said HenryHenry
sets down and shown to the Court here
the pace owing came of demurrer to the said replication that is to sa;, That the said replication takes a after a
and tavern the movement to the defendants
Tavern.

J. BartonJ Barton for Deft

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H. Hight
ads
SusanSusan

Demurrer to replication

Filed Feby. 24th 1818

WmWilliam Christy ChristyWilliam Christy Jr. C.C.C.

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In the Circuit CourtCircuit Court
November Term 1817.

HenryHenry Hight
ads
SusanSusan as a Wack woman

And the said HenryHenry
Hight by J. BartonJ Barton his attorney comes and defends
the force and injury when M and [ sath ] that the
said SusanSusan ought not to have and maintain her
said action thereof against him because he saith
that the said SusanSusan before and at the time when
The said trespasses and imprisonment are above
supposed to have been committed was and
still is the slave of him the said HenryHenry Hight
towit: at the County aforesaid, this that
the said SusanSusan at the time was and still is
free in manner and form as the said SusanSusan
above in her declaration supposes. And this
he the said HenryHenry Hight is ready to verify
wherefore he prays judgement M

JJ Barton . BartonJ Barton &

R. Easton atts for

the defendant

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And for further plea the said HenryHenry Hight saith he is
not guilty in manner and form as the said SusanSusan
above in her declaration supposes and of this he
puts himself on the Country

easton J BartonJ Barton

for for deft_
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HenryHenry Hight
ads
SusanSusan slave

plea

Slavery pleaded in in her

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Plea
plea: cancelled
replication within
27 feby 1818.

.W.C. J.C.C.C.

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SusanSusan a free Black woman
vs
Hight

Replication

And the said SusanSusan by M McGirkM McGirk her a attorney says
that for any thing alleged by said HenryHenry in said first plea she ought
not to be heard nor preeluded because sha say that she
nor is not a slave free in manner and form as she said many has
alleged in his said fond plea declaration and this she prays maybe
ofly the Country

M. McGirk

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And as to the record plea of the said HenryHenry in this behalf above
pleaded wherein he puts himself on the she the said SusanSusan
Doth of like

M McGirkM McGirk
attor

for pltff.
Filed the 29th Nov. 1817. Wm ChristyWilliam Christy Jr C.C.C.
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Territory Of MissouriMissouri,
CountyCounty of Saint Charles ofCounty of Saint Charles Saint CharlesCounty of Saint Charles.

ss.

The United StatesUnited States of AmericaAmerica to the Sheriff of said county --Greeting:

You are hereby commanded to summon WilliamWilliam ThompsonThompson that all excuses and delays set aside he be and appear before the Judge of our circuit court, at the next
June term on the first day thereof, to testify the truth of his knowledge touching a certain
matter of controversy in the said court depending, between SusanSusan a Black Girl Plaintiff and HenryHenry Hight Defendant, on the part of the
plaintiff hereof he is not to fail, and fail not at your peril, and have you then and there this writ.

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Witness, William ChristyWilliam Christy , Junior, clerk of our said court at Saint CharlesSt Charles , this twenty second day of april in the year of our Lord one thousand eight hundred and eighteen and in the year of the
Independence of the United StatesUnited States, the forty second

Wm ChristyWilliam Christy Jr

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Circuit CourtCircuit Court
June Term 1818

SusanSusan a Black Girl
versus. - Sup-
HenryHenry Hight_

Summon

WilliamWilliam ThompsonThompson

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Sheriff fees

1 Service 33
Millage 60
Cts .93

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Executed in the Township of Portage de Seioux
on the 25th May 1818

Wmh J. Devore Shff

By

WarnerWarner Dept. Shff

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Know all nearby then Presents that I Mathias
McMcGirk GirkMcGirk Esq our recognized held and firmly
bound unto HenryHenry Hightadministration &c. and
to the officer of the Circuit Court of the
CountyCounty of Saint Charles ofCounty of Saint Charles Saint CharlesCounty of Saint Charles in the sum of
one hundred dollars lawful money of the
United States_ for the payment of which
well & truly to be made I do hereby
bind myself my heirs executors & adminis
trators firmly by there signed
with my hand & dealed with my deal
then27th day of June 1818

The Condition of this recognizance
is such that whereas SusanSusan a Black=
woman plaintiff as a suit for her
freedom instituted against HenryHenry Hight,
administration of deceased
has at the present JuneTerm of the Circuit
Court of the CountyCounty of Saint Charles ofCounty of Saint Charles Saint CharlesCounty of Saint Charles in
the year above written appealed from the
Judgment of said Court in the suit afore=
said, now therefore if the said Mathias
McGirk Esqr. shall well and truly pay
all the was to which the said Defendant of the officers of the Judgement of the CircuitCircuit Court
CourtCircuit Court is confirmed in the Supreme CourtSupreme Court
on the appeal of the said SusanSusan the
this recognizance or bond to be void
otherwise to be void
otherwise to remain in full force & virtue.

Jsst.

M. M. McGirk

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Wm ChristyWilliam Christy J.C.
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Boues $100
MM McGirk . McGirkM McGirk .
on appeal. for
SusanSusan a black girl

filed 28th June 1818

W. Christy Jr Clk

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State ofMissouri MissouriMissouri
Country of St CharlesSt Charles
Ss

At a a Supreme CourtSupreme Court
held for the second Judicial District at the Town
of St CharlesSt Charles. On Monday the Twenty fourth day of September, in the year of our Lord One Thousand Eight hundred and Twenty one
Were Present Mathias McGirk

John D Cook

of said Court

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Be remembered that heretofore, to wit on
the 26th day of March in the year of our Lord Eighteen hundred and Twenty one was sent
hither from the late SuperiorSuperior Court CourtSuperior Court of the
Territory of MissouriMissouri for the Northern Circuit
the Transcript of the record of a Certain ap
peal. Between SusanSusan aBlack girl who sues
for her freedom and HenryHenry Hight in the Words and figures following. To Wit

August Term 1818

September 10thContinued
by Consent.
September Term 1819.

October the fourth

The parties appear by their attornies
Whereupon Mr McGirl suggests adimi-
-nstration and thereupon. It is ordered that
a the Circuit Court of the
CountyCounty of St Charles of St CharlesCounty of St Charles. [ Commanaing ] the said
Court to Complete the said Record.

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SusanSusan a Black Girl
vs
HenryHenry Hight

An Appeal
Continued.

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SusanSusan a Black
vs
HenryHenry Hight

On Appeal
The Court alignWilliamWilliam Smith SmithWilliam Smith Esqr as
Councel for the appellant.

Tuesday the 25th September 1821.

And now as this day came the practice by
their Attornies aforesaid but because the
Court now here is not yet about
giving payment of and Concerning the
said premises. Any is therefore given to the
said prairies Come before the Court untill
Common 9.O clock to here Judgment of and upon the premises.

ThursdayMorning27 Sept. 1821 Were present

John Cook

&

John Rici JonesJones
of said Court

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Susan a Black Girl
vs
HenryHenry Hight.

Appeal certified
from
the SuperiorSuperior Court
CourtSuperior Court 3

The Court being sufficiently carried of &
Concerning the premises; and because there
is manifest, and in the proceedings of the
said CircuitCircuit Court CourtCircuit Court apparent on the face
of the record thereof. It is Comisioned by the
Court here, that the said Judgment of the
Circuit Court of the CountyCounty of St Charles ofCounty of St Charles St CharlesCounty of St Charles
be and set aside; and the cause
remanded to said Court; and
a

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a new trial had therein upon an issue to
be made on the first plea of the said De
fendant, in Conformity with the opinion of this
Court in thiscase. It is furthermore com
manded by the Court that the appellant recov-
er against the appellee her costs and Char
-ges about her appeal in this behalf laid
out and expanded. And that she have
thereof her execution_

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State of MissouriMissouri
County of St Charles

William ChristyWilliam Christy
Junior Clerk of the Supreme CourtSupreme Court of the
State of MissouriMissouri, for the second Judicial
District Certify that the foregoing is a
transcript of the record and proceedings
in the case of SusanSusan a Black Girl appellant
against HenryHenry Hight appellee.

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In Testimony Whereof I have
hereunto subscribed my name and
affixed my private seal (there being
no official seal yet provided)At
St CharlesSt Charles This 13th day of October in the Year of our Lord Eighteen hundred and twenty one.

Wm ChristyWilliam Christy Jr.

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Susan a Black Girl appellant
vs
Hemy Hight appellee

Record

Clerk Ley L.C.c

1.00
Certificate 0.50
Lean 0.25
$2.75

filed 13th October 1821

Wm ChristyWilliam Christy Jr. C. C.

C. Cy of St. CharlesSt Charles

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SusanSusan a black Girl
vs deft
HenryHenry Hight

from the Circuit CourtCircuit Court
St. CharlesSt Charles County

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the fifteenth day of said month and in the
year of our lordOne thousand eight hundred & twenty One, and in the forty sixth year of
the Independence of the United StatesUnited States.
Were present

The Honorable

RufusRufus Pillebone Jr
Judge of said Court

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In the record and proceedings of said
Court - are the following

SusanSusan a Black Girl
vs
HenryHenry Hight

Appeal commanded from
the SupremeSupreme Court CourtSupreme Court , for
the Second Judicialdistrict.,

The_

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do Certify the foregoing to be a
true copy of the preceedings in
this Case, and do herewith Cer-
tify to the said St. Louis CircuitCircuit Court
CourtCircuit Court the Original record in said
case. -
my hand & seal at St. Charly this 4th day of februrary 1822.

Wm ChristyWilliam Christy Jr.

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Clerks yrrs- $1. 0. St Charly.
Tax on Seal 1. $ 2
$2.0
Clerks In the original Suit $13.20
15.95
Ditto. do. In the the Supreme CourtSupreme Court - 2.75 $17.95
Ditto. do. In the Circuit CourtCircuit Court
Sheriffs year- 4. 80 1/2 Jururs fees $3 Attny 6$ 13.80 1/2
J.N.Garuier, his yer In Supreme CourtSupreme Court 5.20
aggragate $36.95 1/2

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SusanSusan a Black woman
vs
HenryHenry Hight

An appeal
from the StSt Charles.
CharlesSt CharlesCircuit CourtCircuit Court

This was an action of assault &
Battery and false imprisonment instituted by
order of the Circuit CourtCircuit Court of St CharlesSt CharlesCounty
in the name the plaintiff (SusanSusan ) who
Claimed her freedom) against the defendant (who claimed her as a Slave) the
first and most difficult question which
arises in the Cause grows out of the defen
dants first plea and the replicationthereto,
the plea alleges the plaintiff to be the slave
of the defendant, and traverses her being
free as alleged in her declaration, the plain
-tiff replied that she is free in manner and
form as she has alleged in her declaration
and concludes to the Country, the defendant
to this replication and assigned
as cause of demurrer, that, the said replica
=tion takes a upon a and
the inducement to the defendants
traverse: upon this the CircuitCircuit Court
CourtCircuit Court gave payment for the defendant, and
the plaintiff[ applealed ] to this Court, the
act which regulates proceedings in cases
of this hand, seem to have been passed for
the sole purpose of enabling free persons
held in slavery to recover their freedom, and
to contemplate an issue, which will ascer
-tain, whether the party held in slavery
is free or not; pursing the of this
Statue; the question naturally presents
itself. Whether the pleading in this Case

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tend to such issue, with Common Certainty,
the declaration is in Common form. The
plea substantially justifies the tresspass by alleging that the plaintiff is his slave
but unnecessarily traverses a fact which
is not owned in the declaration. if the de
=fendants traverse
were well taken the
replication would very Correctly assigned the sub-
ject of the traverse, and should not deny
the inducement to it. And if the defendant
had not added a traverse to the plea a
very apt and proper issue might have been
found, by the plaintiffs replying that she
was free, and traversing the matter set
[ fourth ] in the plea which would have
been a formal and proper replication;
to bring alone to the special Cause assigned,
the demurrer was certainly improperly
sustained, in as much as such cause
for the replication simply
affirms the freedom of the plaintiff wh-
=ich is traversed; The true traversed by the re
plication, was the appropriate one, and
does not notice the to such
travers; The true traversed by the re
plication, was the appropriate one, and
at the informal: yet as the infromally
was accustomed by the defendants un
necessary traverse and as the material
fact was substantially put in issue by
the replication. It is the opinion of
this Court that the Circuit , in
Sustaining the demurrer to the repli
cation, whatever the State of the

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pleading may be the Statue puts the
of proof on the plaintiff: and where he issue is found for the plaintiff
a Judgment of Emancipation: this shows that the object of Legislaturewas to afford to plaintiff of this an op
portunity to turn the question of freedom
fairly put in issue because the parties,
upon the first error assigned, the Judg=
ment of the said CircuitCircuit Court CourtCircuit Court must
be reversed and the Cauuse remanded
to that Court, there to be tried as an
true to be taken on the said first plea
of the defendant. And the appellee the costs of this appeal. as the judgement is
revered the first error aforesaid
the Court deem it unnecessary to give
any opinion as to the other points

(signed)

John C. Cook

Jn Rice JonesJones
Judges

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Aim a Black Girl
vs
HenryHenry Hight

DrJabez Hubbard, a Witness in this
case 3 days $1.50

Jabez Hubbard

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Susan a black woman
vs
HenryHenry Hight

Action of assualt
and battery and false
imprisonment for
freedom

It was proved on the trial of the cause that in
the year 1889OneJamesJames Rayer came from
the State of MarylandMaryland a slave holding in state
to the and Territory a part of the North
Western Territory and to that part which is
now IllinoisIllinois Territory and that he brought with
him said susan and claimed and exercised
authority over here said IllinoisIllinois Territory as a slave
till 1812 then he removed there
1812 there he removed to LouisianaLouisiana Territory
and took saidSusanSusan with him and that she before
the bringing of this suit came into the hands of defend
antbeing administrator of said Rayer and by him as a slave and that
the was the service ofComencement
of this suit in the hands of siad Hight and
is in his hands -

M McGirk

Benton

.

J. BartonJ Barton


Easton &

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he says if they err there is noowe to set then right
I want him to state what the time the Registery
is in IllinoisIllinois

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We the jurors find for the
Defendant

Delany Brunell

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MissouriMissouri Territory
Saint Charles County

In the CircuitCircuit Court CourtCircuit Court for StSt Charles
CharlesSt Charles Couty

SusanSusan a free black woman
permitted by the court to sue as a poor person
by Mathias M'Girk & George Tompkins her
attornies for that purpose specially appointed
by the court complains of HenryHenry Hight of a
plea of trespass; for that the saidHenryHenry on
the first day of November - in the year eighteen hundred thirteen - with
force & arms &c made an assault upon the said
SusanSusan , to wit, at the said county of SaintSt Charles _ _ _
CharlesSt Charles & within the jurisdiction of this court
and then and there beat, bruised& illtreated her
the said SusanSusan , and then and there imprisoned
her the said SusanSusan , and detained and kept her
in person there, without any reasonable or prob-
able cause whatsoever, for a long time, to wit,
from the time aforesaid till this present time,
contrary to the laws & peace of the UnitedUnited States StatesUnited States &
of this territory, and against the will of the
said SusanSusan : to the damage of the said SusanSusan
of five hundred dollars and therefore she sues

M'McGirk attorney


for plaintiff