Winny vs. Phebe Whitesides (alias Pruitt)
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WinneyWinney a free blackwoman
vs
PhebePhebe Pruitt PruittPhebe Pruitt

Frances CollardFrances Collard being duly
sworn deposth and saith that some time about
the year seventeen hundred and ninety fourof five this
deponent knewPhebe PruittPhebe Pruitt then the wife one
John Whiterides living in the then Territory of
LouisianaLouisiana at a place called WhitesideWhitesides Station that
the said John Whiterides and PhebePhebe then had
with them a negro girl named WinneyWinney whom
they had had living with them as in slave for
several years- that the said WhitesideWhitesides , about
that time removed to the Western side of the
MississippiMississippi, taking with them as the deponent the said negro girl
that about thirteen years ago the deponent also removed
to the west side of the MississippiMississippi where she found
the said PhebePhebe (her husband being dead) residency with
a negro women named WinneyWinney whom she still
held as a slave that she has heard the said PhebePhebe
acknowledge that the negro woman WinneyWinney whom
she now holds as a slave is the same WinneyWinney
she hed in the LouisianaLouisiana Territory. and the said PhebePhebe
in argument with then deponent that the said
WinneyWinney could not be free inasmuch as she was
under age when brought away.

FrancisFrancis her

X

mark Callard

Sworn to and subscribed before me Clerk of the CircuitCircuit Court
CourtCircuit Court this eighth of June 1818

AArchibald Gamble GambleArchibald Gamble clerk

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WinneyWinney a black woman
vs
Phebe PruittPhebe Pruitt

affidavit

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SuperiorSuperior Court CourtSuperior Court N. C.
March Term 1819.

WinnyWinny a free woman
vs
Phebe Whiteside
alias PruittPruitt

Narr in
Trespass &c

This is an action of
trespass and false
imprisonment-Dam-
age $500.

Let a summons issue

J. BartonJ Barton & GeyerGeyer

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In the superior court northern circuit
March Term 1819.

County of S LouisCounty of S Louis court; WinnyWinny a free
woman held in slavery and who is per
mitted by the court to sue as a poor
person by J BartonJ Barton and HenryHenry S GeyerS Geyer
her attornies assigned as counsel by the
said court complains of Phebe Whiteside
alias PruittPruitt of a plea of trespass-for
that the said PhebePhebe heretofore wo wit: on
the first day of - January in the year of our Lord one thousand eight hun-dred and fifteen with force and arms
at the county aforesaid unlawfully an
assault did make in and upon her the
said WinneyWinney and then and then beat
bruised and ill treated her the said
WinneyWinney . and then and there imprisoned
her the said WinneyWinney and kept and de-
tained her in prison without any lawful
cause whatsoever and hath ever since
kept and detained and still doth keep

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and detain her in prison against the
will of the said WinnyWinny and contrary
to the laws of this Territory - and other
wrongs to her then and there did a-
gainst the peace of the united states
of america and to the damage of
the said WinnyWinny five hundred dollars
and therefore she sues

J BartonJ Barton & GeyerGeyer atts

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Territory of MissouriMissouri
Northern Circuit

the United StatesUnited States of AmericaAmerica to the Sheriff of the County of St LouisCounty of St Louis Greeting -

You are commanded that you summon Phebe WhitesidesPhebe Whitesides alias Phebe PruittPhebe Pruitt that she be and appear
before the judges of our Superior CourtSuperior Court of our territory of MissouriMissouri at our said superiorCourt to be held in and for
the said territory in the Northern Circuit of the said territory at the Town of St LouisSt Louis on the fourth monday of
march next then and there in our court before our judges to answer unto WinnyWinny a free woman
held in slavery in a plea of Trespass and false imprisonment to her damage five hundred dollars
and have you then and there this writ and certify to our said court how you execute the same

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Witness the Honorable Silas BentSilas Bent Esquire Presiding judge, of our said arrest at StSt Louis
LouisSt Louis this fourteenth day of december in the year of our lord one thousand and eight hundred and eighteen and of our independance the forty third -

J. C. TurnerTurner clk S. C. N. C.

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Served this writ
9 February 1819 by read
ing it to the defendant
at the house of Wm
Musick Bonhomme
Township


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Service $. 81
travel 1.80
2.61

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No 190

Superior CourtSuperior Court Northern Circuit
March Term 1819

WinnyWinny a free girl
vs
Phebe WhitesidesPhebe Whitesides alias
PruittPruitt

Summons
Trespass
asst & By
&
false imprisonment
Damage $500

This is an action brought to
recover the freedom of the
petitioner or plaintiff together
with damages for her

Filed april 26th 1819

J. C. TurnerTurner clk


of the following
$10.40

J BartonJ Barton & GeyerGeyer attys

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No 5

Sup Court Northern Circuit
March Term 1819.

petition of WinnyWinny
to sue freedom free dom

June Term 1818

dismissed


$135
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SuperiorSuperior Court CourtSuperior Court Northern Circuit
Sept term 1819 -

WinnyWinny

Phebe PruittPhebe Pruitt alias
WhitesideWhitesides

Replication

And the said WinneyWinney saith she ought not
to be barred and precluded from having and maintaining
her aforesaid action by reason of any thing by the said
PhebePhebe above in the said plea alleged because she
saith that at the said time when she was not the
slave of the said PhebePhebe , as the said PhebePhebe has above
in her said plea alleged, and this she prays
may be - And
said

J BartonJ Barton p.q.

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MalindaMalinda
vs
Phebe PruittPhebe Pruitt
alias WhitesidesWhitesides

Replication -

Same as in the above case

J BartonJ Barton

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BobBob
vs
Phebe PruittPhebe Pruitt
alias WhitesidesWhitesides

Replication

Same as in the above case

J BartonJ Barton

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LewisLewis
vs
Phebe PruittPhebe Pruitt
alias WhitesidesWhitesides

Replication -

Same as in the above case

J BartonJ Barton

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WinnyWinny
vs
Phebe PruittPhebe Pruitt
alias WhitesidesWhitesides
MalindaMalinda
vs
BobBob
vs
Louis
vs

Replications

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Superior CourtSuperior Court for the Northern Circuit

PhebePhebe Pruitt PruittPhebe Pruitt
alias alias Whitesides

Winny
The same

LewisLewis
The same

HannahHannah
The same

MalindaMalinda

St LouisSt Louis county PhebePhebe Pruitt PruittPhebe Pruitt
the defendant in these several causes
being duly sworn says that she has
a material witness, absent from
the county of St LouisSt Louiswhose
not at
this term. That the said witness
removed some years ago from the
county of St LouisSt Louis up the river Mis-
souri but to what particular place
this deponent does not know she
has no doubt but that
she shall be able to discard his place
of residence and proven his testi-
mony at the next term of this Court
this deponent did not know, untill a very few
days ago, that, the said witness was material
for her and not untill it was too late to
his attendance at this court. this deponent
knows of no other witness by whom she
can prove the same facts which she expects
to prove by the said witness. This deponent
cannot name the said witness then but she has
the means of ascertaining his name at home

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The said deponent expects to prove by the
said witness that at the time the said WinnyWinny
was held as a slave in IllinoisIllinois by JohnJohn Whitesides WhitesidesJohn Whitesides
the then husband of this deponent, as stated by
the said WinnyWinny in her petition, that she was
not the property of the said JohnJohn Whitesides WhitesidesJohn Whitesides
but belonged to the children of this deponent
by gift from their grand father,
and that the said children were then
infants. But that this deponent was to have
the use of the said slave, during the life of
this deponent, And further this deponent saith not -

Phebe PruittPhebe Pruitt her

X

mark

Sworn to & Subscribed this
22nd april 1820 before before me

J. C. TurnerTurner

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Territory Of MissouriMissouri,
Northern Circuit.

ss.

The United StatesUnited States of AmericaAmerica to IsaacIsaac
Coteau Greeting.

You are summoned that all excuses and delays being set aside you
personally be and appear before the judges of the superior court of our terri-
tory aforesaid at our said superior court
to be held in and for the northern circuit at the town of St. LouisSt Louis, on the twenty eighth day of April being the fifth day of the April term of our said court,
to testify and the truth to tell in a certain case then and there to be tried, and wherein WinnyWinny
a free woman of color is plaintiff and PhebePhebe
is defendant on the part of the
said defendant and from day to day
until duly discharged by the court, and not depart the said court without the leave thereofâand
of this fail not at your peril, and our sheriff of our county of StSt Louis LouisSt Louis is hereby
commanded then and there to make return of this our writ and certify to our said court how he
executes the same.

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Witness the Honorable Silas BentSilas Bent
Esquire presiding judge of our said court this twenty sixth day ofApril in the year of our Lord one thousand eight hundred and twenty and of our independence the forty fourth

J. B. Turner

clk
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I acknowledge the

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SuperiorSuperior Court CourtSuperior Court
April Term 1820

PhebePhebe [ Prewitt ]
ads
WinnyWinny a free

woman
Subpoena

28th April

IsaacIsaac Coteau

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State of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

To the Sheriff of St. LouisSt Louis county-Greeting.

You are hereby commanded to summon Ephraim MusickEphraim Musick and Thomas RThomas R Musick
MusickThomas R Musick
that setting aside all manner of excuse and delay they be and appear in proper person before the Judege of our circuit
court on the 5th day of September at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny a free
girl is plaintiff,
and PhebePhebe Whitesides WhitesidesPhebe Whitesides alias PruittPruitt is defendant on the part of
the Defendant and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 13th day of August in the year of our Lord, one thousand eight hundred twenty one

A. GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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Served this writ
on Thom R Musick
on the 21st August 1821
Ephraim MusickEphraim Musick
not found in
this county

E. F. Brown D shff

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1 service 33
non est 50
90
$1. 73
1.50
1.00
2.60
.75
7.58

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St. LouisCircuit Court Circuit CourtCircuit Court
August Term 1821

WinnyWinny a free girl
vs
Phebe WhitesidesPhebe Whitesides alias
Preuitt

sub

for thomas R Musick
Ephraim Musick

for defendant
5 Septr 1821

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County of St. LouisCounty of St Louis, Sct.

The State of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon EphraimEphraim Musick Musick Thomas R MusickEphraim Musick
and ElishaElisha Herrington
that setting aside all manner of excuse and delay they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the 7th day of Febrynext at the town of StSt Louis.
LouisSt Louis, then and there to testify and the truth to say, in a certain matter of controversy now pending in our
said court, wherein WinnyWinny (a woman of colour) is
plaintiff, and Phebe WhitesidesPhebe Whitesides is
defendant on the part of the Defendant and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the town of St. LouisSt Louis, this 26th day of January in the year of our Lord, one thousand eight hundred and twenty two,

A. GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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served this writ
on ThomasThomas R Musick RThomas R Musick
MusickThomas R Musick on the
29th January 1822 â the others
not found in my
county

E. F. Brown Dshff

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service 50
2 non Ests 100
1.50

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St LouisSt Louis Circuit court
February Term 1822

WinnyWinny
vs
WhitesidesWhitesides

sub

For EEdward Musick Musick, Thomas
R MusickEdward Musick & E Herrington

For defendant
Febry 7th

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WinnyWinny a woman of color
vs
Phebe WhitesidesPhebe Whitesides alias Preuitt

Reason for setting
aside proceedings-

Because the defendant not at the
time of commencement of this suit
claim the plaintiff as a slave, nor has
she at any time since claimed her
as a slave.

SpaldingSpalding

for

Pettibone

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Winnie
vs.
WhitesidesWhitesides

Reasons for setting
aside proceedings

Filed Febry 6th 1822

AArchibald Gamble GambleArchibald Gamble

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Phebe WhitesidesPhebe Whitesides alias PruittPruitt
ads
WinnieWinnie woman of color

County of St. LouisCounty of St Louis

Thomas R MusickThomas R Musick being sworn saith that
about eight years from this time
this deponent drew an instrument in
writing for the above defendant and her hus-
band fields PruittPruitt , by which conveyance they the
said PhebePhebe and Fields conveyed all their interest
in the said WinnieWinnie to the children of the
said PhebePhebe : This deponent further says that
a few days thereafter the said PhebePhebe and Fields
separated from each other and the said PhebePhebe
quit house keeping and has even since that time
living among her children from house to house without
claiming any interest in the said WinneWinne that
the said PhebePhebe has since that time claimed no
place of residence, but has resided sometimes with
one of her children and sometimes with
another: that the children of the said PhebePhebe possess
the said black woman WinneWinne and have possessed
her since the time of said conveyance and claimed
her as their property: and that the said WinneWinne has
never since about the time of the said
conveyance been possessed or claimed as a slave
by the said PhebePhebe . This deponent further says that
he was a near neighbor to said PhebePhebe for a long
time before the said conveyance and intimately
acquainted with her and her children and knows
the plaintiff WinneWinne and has known WinneWinne

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for at least eighteen years, and further saith
not

Sworn before me
this 7th Feby 1822.
in open court

Tho P Musick

A GambleArchibald Gamble Clerk

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WinneyWinney
vs
Phebe WhitesidesPhebe Whitesides

Filed Febry 7th 1822

A GambleArchibald Gamble Clerk

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County of St. LouisCounty of St Louis, Sct.

The State Of MissouriMissouri,

To the Sheriff of S LouisS Louis CountyâGreeting.

You are hereby commanded to summon FrancisFrancis Callard Tho Withington
that setting aside all all manner of excuse and delay they be and appear in proper person before
the Judge of our circuit court, on the 12th day of February at the town of StSt Louis.
LouisSt Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our
said court, wherein WinnyWinny a women of colour is
plaintiff, and Phebe WhitesidesPhebe Whitesides is
defendant on the part of the plaintiff and have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at the
town of St. LouisSt Louis, this 5th day of February in the year of our Lord, one thousand eight hundred & 22

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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Served this writ
on Thos Withington
on the 8th February 1822 by reading
it to him at his place
of residence in StSt Ferdinand
FerdinandSt Ferdinand town
ships- on FrancisFrancis
Callard on the 9
thFeb 1822 at
Wm Pattersons in
township

Jn K WalkerJohn K Walker


fees $1.00
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WinnyWinny a woman of color
vs
Phebe WhitesidesPhebe Whitesides

for

Thos Withington

for plaintiff
Tuesday 12th

F Callard at
Patterson's

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St. Louis Circuit CourtCircuit Court

WinneWinne
vs
PhebePhebe Whitesides WhitesidesPhebe Whitesides alias Pruit

February Term 1822

On the trial of this suit it was
proved on the part of the plaintiff that the said de-
fendant with her then husband resided in the present
state of IllinoisIllinois between twenty and thirty years since
during the space of three or four years : and that du-
ring the said three or four years they held the said
WinneWinne in servitude as their slave, having brought
her the said WinneWinne with them from CarolinaCarolina , that
at the end of the time last above mentioned, the said
PhebePhebe with her said husband removed to the now
state of missouri: and that the said WinneWinne was then
and for years afterwards there held as third slave.
The Counsel for the defendant then required the
Court to instruct the Jury that a residence in
IllinoisIllinois as above mentioned did not render the
said WinneWinne free under and in virtue of the
ordinance of congress for 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 authorise the
recovery of more than nominal damages in this action by the plaintiff

which instructions the Court refused; but charged the Jury that
said ordinance did in law set the said WinneWinne .

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free if it should appear to the satisfaction of the jury that the said defendant & her then
husband resided there within intent to make the territory the home of themselves and of the
said WinneWinne . and that said WinneWinne was entitled to dama-
ges in this form of action on 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 Counsel for the defendant excepted & prayed
the Court to sign and seal a bill of exceptions
taken thereof which is done accordingly in
open court this 15th day of February in the year one thousand eight hundred and twenty two

N. BN B Tucker . TuckerN B Tucker

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St Louis Circuit CourtCircuit Court

WinneWinne a
vs
Phebe Whitesides

Bill of Exceptions

Filed February 15th 1822

A GambleArchibald Gamble Clerk

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Phebe Pruit alias
whitesides
ads
WinnyWinny

And the said Defendant by
PettibonePettibone her attorney comes & defends the
wrong & injury when &c and as to the
assaulting, beating, bruising, illtreating
& imprisoning the said plaintiff as in her
said declaration mentioned the said
defendant says that the said plaintiff
ought not to have or maintain her afore-
said action thereof against her because
she says that before and at the said
time when go in the said declaration
mentioned to wit at the place & within
the jurisdiction aforesaid the said plaintiff
was & still is the slave of her the said
Defendant. Whereupon the said Defendant
did beat imprison the said plaintiff so
being the slave of her the said defendant
so she lawfully might do; which on the
said said several supposed trespasses whereof the
said plaintiff hath above thereof complained
against her and this she is ready to verify
whereupon he prays judgment -

R PettiboneR Pettibone atty

for deft-
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Phebe Pruit alias
WhitesidesWhitesides
vs
MalindaMalinda

The same plea as above

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Phebe Pruit alias
WhitesidesWhitesides
vs
BobBob

The same plea as within

RR Pettibone PettiboneR Pettibone atty


for deft
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The same Defendant
vs
LewisLewis

The like plea as within

RR Pettibone PettiboneR Pettibone atty


for Deft
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We the Jury find for the plaintiff
And Damages to the amount of one hundred
fifty seven dollars fifty cents.

John SimondsJohn Simonds Jr


foreman
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To the Honorable the judges of the superior
court in the northern circuit now telling
in the county of S LouisS Louis for said circuit.

The petition of WinneyWinney a black
woman who petition for herself and for
the following named persons who are her
children under the age of twenty one
years humbly showith

That about the year seventeen hundred and ninety five she was carried from KentuckyKentucky & held as a slave
in the territory of IndianaIndiana by one JohnJohn Whitesides WhitesidesJohn Whitesides
and PhebePhebe his wife. That she lived then with
them several years when the said WhitesidesWhitesides
removed to this territory with him
your petitioner where she has been held
as a slave ever since that since she has
been living in this territory she has had
the following children to wit; Jerry, Daniel
Jenny, Nancy, Lydea Sarah, Hannah
Louis and MalindaMalinda , and your petitioner
is informed that by reason of having been
held in she and her children born
since are free.

And your petitioner further showith
that she and her children. Hannah
Lewis and MalindaMalinda are now claimed as
slaves by Phebe PruittPhebe Pruitt that JerryJerry is claimed
as a slave by the of Thomas
Whitesides deceased, DanielDaniel by JohnJohn Whitesides

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WhitesidesJohn Whitesides JennyJenny by Robert MusickRobert Musick NancyNancy
by IsaacIsaac LydiaLydia by John Butler
and SarahSarah by MichaelMichael Halton HaltonMichael Halton .

Wherefore your petitioner prays that such
order as the law directs may be made to enable
her to sue for her freedom and as next friend
to each of her said children to sue for their
freedom.

And WinneWinne her

X

mark
Witness present

PeterPeter Ellis