Hannah, a free girl vs. Phebe Whitesides
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Territory of MissouriMissouri
Northern Circuit

St.

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

You are Commanded that Your Summon Phebe WhitesidesPhebe Whitesides , also
PruittPruitt that She be and appear before the judges of our superior
Court ofour Territory of MissouriMissouri, at our said superior arrest to be
held in and for the further Circuit of the said Territory at the
Town of the St. LouisSt Louis, on the fourth monday in March meeting than and
there in our said Court, before the Judge of our said court, to
answer unto HannahHannah a free girl held in slavery, in a plea
of trespass, assault & Battery and false imprisonment to her
damage five hundred dollars - and have you then and there
this writ and certify to our fair court how you
the same

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Service this writ
9th February by read
ing it to the defendt
at the house of Mrs
Musick Bonhimme Tow-
nship.

J. K. WalkerK Walker
Diff

Service $.80

Travel 36 ms
1.80

2.60

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No. 197

April 1821

Superior CourtSuperior Court
March Term 1819

HannahHannah a free girl
vs
Phebe WhitesidesPhebe Whitesides alias Pruit

Summary
narr. in
imprisionment

This is an action trespass
& false imprisonment. Dam
age 500

Let a summons issue
J. BartonJ Barton & GeyerGeyer

filed April 9th 1819

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St Louis Circuit CourtCircuit Court
Febry Term 1822

HannahHannah a free girl
vs
Phebe WhitesidesPhebe Whitesides

In the trial of this cause it was
proved on the part of the plaintiff that one WinneWinne
mother of the said plaintiff was carried into the
now state of IllinoisIllinois between twenty and thirty years
since by the said defendant and her husband when
and where the said WinneWinne was by them held in slave-
ry during the space of three or four years: that at
the end of said time of three or four years the said
PhebePhebe with her said husband removed to the now
state of MissouriMissouri carrying the said WinneWinne with
them in which last mentioned place the said WinneWinne
has been held in slavery ever since such re-
moval: and that said plaintiff was born after
such residence in IllinoisIllinois of said WinneWinne as afore
said The counsel for the defendant then required the
court to instruct the jury that a residence in the then
north west territory (now IllinoisIllinois) as above mentioned
did not render the said WinneWinne free under and in
virtue of the ordinance of Congress of the year one thousand seven hundred and eighty seven for the
government of the territory of the united states north
west of the river shio which instruction the
court refused hub changed the jury that said ordi-
nance did in law set the said WinneWinne free if it

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should appear to the satisfaction of the jury that the
said defendant and her then husband resided there
(in IllinoisIllinois) with intent to make that territory the
home of themselves and of the said WinneWinne and that
the said plaintiff wasentitled To this opinion of the
court delivered to the jury the counsel for the defendant
excepted and prayed the court to sign and seal a
bill of exceptions taken thereto which is done ac-
cordingly in open court this tenth day of March in the year one thousand eight hun-dred and twenty two

N. B. TuckerN B Tucker

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St Louis Circuit CourtCircuit Court

HannahHannah free girl
vs.
PhebePhebe whitesides

Bill of exception

Petitione and spalding

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In the Superior CourtSuperior Court . Northern Circuit
March Term 1819

County of S LouisCounty of S Louis, HannahHannah a free
girl held in slavery and who is permitted by the
Court to sue as a poor person by J BartonJ Barton
and HenryHenry S. Geyer her assigned as counsel
by the said Court complains of PhebePhebe Whitesides WhitesidesPhebe Whitesides
alias PruittPruitt of a place of her trespass. For
that the said PhebePhebe heretofore traveled in the
first day of January in the year of our Lord one thousand eight hundred and fifteen
with force and arms at the County aforesaid
unlawfully an assault did make in and
upon her the said HannahHannah and then
and there did beat wound and ill treat
her the said HannahHannah and then and
there imprisoned her the said HannahHannah
and kept and detained her in prison
without any lawful cause whatsoever
and has ever since kept and detain and
still doth keep and detain her in
prison against the will of the said

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HannahHannah and contrary to the cause of
this Territory. And other wrongs to her then
and there did against the peace of
the United StatesUnited States of AmericaAmerica, and to the damage of the said HannahHannah five
hundred dollars, and therefore she sues

Barton & Geyer
for plff