Malinda vs. Phebe Whitesides
View original image: Page  001
[missing figure]

Territory of MissouriMissouri
Northern Circuit
Ss:

The United StatesUnited States of AmericaAmerica to the Sheriff of the county of St LouisSt Louis
Greeting

You are Commanded that you summon PhebePhebe Whitesides WhitesidesPhebe Whitesides alias-
, that she be and appear before the Judges of our superior court
of our Territory of MissouriMissouri at our said superior court to be held in and
for the Northern Circuit of the said Territory at the town of st. Louis on the fourth Monday in March next then and their in our
said court before our Judges to answer untoMalindaMalinda , 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 said court
how you execute the same

[missing figure]
Witness The Honorable Silas BentSilas Bent
Judge of our said court at St LouisSt Louis this fourteenth day of december in the year of our lord one thousand eight hundred and eighteen and of our Independence
the forty third

I. B. N. S. C. N. Cr.

View original image: Page  002
[missing figure]

Served this writ 9th February 1819 by reading
it to the defendant at the
house of Mrs. Musick
Benhomme Township

J. K. WalkerK Walker
Dshiff

Service $.80
Travel 36 ms 1.80
2.60

filed april 26th 1879

View original image: Page  002
[missing figure]
No.198

Superior CourtSuperior Court
March Term 1879

Summons,
MalindaMalinda a free girl
vsPhebe WhitesidesPhebe Whitesides alias PruittPruitt

narr. in trespass
false imprisionment

This is an action trespass
& false imprisonment
Damage $500.

Let a summon issue

J. BartonJ Barton & GeyerGeyer

View original image: Page  003
[missing figure]

St. Louis Circuit CourtCircuit CourtFebry. Term 1822

MalindaMalinda free girl
vs.
Phebe Whiteredes alias

On 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 Il-
linois between twenty and thirty years since by the said
defendant and her husband: when and where the said
WinneWinne was by them heldin slavery 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 even
since such removal; and that said plaintiff was born
after such residence of the said WinneWinne in the now
State of IllinoisIllinois as aforesaid. The counsel for the defen-
dant then required the Court to instruct the jury that
a residence in the then North West territory (now Illi-
nois) as above mentioned did not render the said Win
ne free under and in virtue of the ordinance of Con-
gress of 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; which
instruction the Court refused; but changed the jury
that said ordinance did in law set the said WinneWinne
free, if it should appear to the satisfaction of the jury

View original image: Page  004
[missing figure]
that the said defendant and her then husband resi-
ded there (in IllinoisIllinois) with intent to make that
territory the home of themselves and of the said WinneWinne
To this opinion of the Court delivered to the jury the Coun-
sel for the defendant excepted and prayed the Court
to sign and seal a bill of exceptions taken thereto
which is done accordingly in open Court this tenth day of March in the year one thousand eight hundred and twenty two.

N. B. TuckerN B Tucker

View original image: Page  004
[missing figure]

St. Louis Circuit CourtCircuit Court

MalindaMalinda free girl
vs.
PhebePhebe alias

Bill of exceptions

PettibonePettibone &
SpaldingSpalding

View original image: Page  005
[missing figure]

In the Superior CourtSuperior Court . Northern Circuit
March Term 1879

County of S LouisCounty of S Louis. court MalindaMalinda 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 as-
signed as counsel by the said court com-
plains of PhebePhebe Whitesides WhitesidesPhebe Whitesides alias PruittPruitt
of a plea of trespass. In that the said
PhebePhebe her before court on 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 MalindaMalinda , and then
and there beat bruised and ill treated
her the said MalindaMalinda , and then and
there imprisoned her the said MalindaMalinda
and kept and detained her in prison
without any lawful cause whatsoever
and has ever since kept and detained
and still keeps and detains her in prison

View original image: Page  006
[missing figure]
against the will of her the said MalindaMalinda
and contrary to the laws of the 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 MalindaMalinda five
hundred dollars, and therefore she sues

J. BartonJ Barton & GeyerGeyer