You are Commanded that you summonIsaacIsaac Voteau VoteauIsaac Voteau , that
he be and appear before the judge of our superior court of our
Territory of MissouriMissouri, at our said superior court to be held in and for
the said Territory for the Northern Circuit of the said Territory at
the town of St LouisSt Louis on the fourth Monday in March next
them and there in our said court before our Judges after and to
aforesaid to
answer unto NancyNancy a free girl held and Slavery, in a plea
of trespass assault and 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

Served this writ23rd Jany 1819, by reading
the same to the defend
ant at his own house
Bonhomme Township

service $ .80
travel 60ms 3.00
3.80

Sub Book 7-79
1 cent

summons

NancyNancy a free girl
vs
Isaac VoteauIsaac Voteau

trespass &
false imp-
risonment

To the clerk of the
superior court of 6.
This is an action of
trespass & false impri
sonment damages $5.00
on which you will
issue a summons 6
louis city

And the said Defendant by R PettiboneR Pettibone
his Attorney comes of defends the wrong
of injury when - and as to the assaulting
beating brusing ill treating and imprisoning
and keeping in prison the said
Plaintiff as in her said declaration men-
tioned the said Defendant says, that the said
Plaintiff ought not to have maintain her
aforesaid action thereof against him, be
cause he says that before and at the said
time when in the said declaration
mentioned, to writ, the place of within
the jurisdiction aforesaid, the said plaintiff
was and still is the slave of him the
Defendendant - wherefore the said Defendant
at the said time when didassault
beat, imprison and detain in prison the
said Plaintiff, so being the slave of
him the said Defendant, as he lawfully
might do - which are the same several
supposed trespasses, whereof the said plaintiff
hath above thereof complained against
him, and this he is ready to verify - wherefore
He praysjudgement

And the said NancyNancy saith she might

not to be barred in precluded from ha-
ving and maintaining her aforesaid
action against the IssacIssac Voteau VoteauIssac Voteau
By reason of any thing by him above
in his said pleaalleged because
be she saith that at the said time
When in the said declaration
mentioned she was not the
of the said IsaacIsaac in manner
and from as he has above in
his said plea alleged because
and this she prays may be in-
quired of by the County. And
the said IsaacIsaac with the like

IsaacIsaac Voteau VoteauIsaac Voteau
ads
NancyNancy

plea

Replicationdispute

St Louis County Ss
Isaac VoteauIsaac Voteau the defendant
in the above entitled cause
being dulysworn says that this suit
is brought to try the freedom of the
Plaintiff and depends upon the some
principles as the suits against PhebePhebe
Prewitt - whose affidavit for a contin-
uance is hereunto annexed. That
the said witness mentioned by the
said PhebePhebe in her said affidavit
hereunto annexed, is material for
him on the trial of this cause; and
that he cannot safely proceed to
trial with out his testimony - this
deponent knows of no other testimony
witness by whom he can prove
the same faith that he to

prove by the said witness -
and this de-
ponent further saith that he did
not know that the said witness knew
the said faith, which he to prove
by him untill a short time since, and
untill it was too late to
his attendance at this term. This deponent
has been told by creditable persons and
believes to be true that this said witness
once testified on oath before a sheriff's
Court (where the property of the said
Plaintiff of the said WinnyWinny and her other
children was contested, they having been
buried on as the proprerty of John WhitesidesJohn Whitesides
that they belonged to the children of the
said PhebePhebe Prewitt, by gift from Edward
Johnson, their grandfather - and
the property of the said JohnJohn Whitesides WhitesidesJohn Whitesides .
This deponent has no doubtbut that her

shall be able to procure the testimo
ny of the said witness at the next
Term of this Court - and further
That this application is not made
for delay but that substantial
justice may be done. And further
saith not not Isaac VoteauIsaac Voteau

In the trial of this cause it
Was proved on the part of the plaintiff that between
twenty and thirty years ago the said defendant
and that are WinneWinne mother of the said plaintiff
was carried into the now state of IllinoisIllinois by one
Phebe WhitesidesPhebe Whitesides alias Prewitt. And her husband also
was there held in slavery during the space of three
or four years: that at the end of the said time
of three or four years the said PhebePhebe with her
Said husband removed to the now state of
MissouriMissouri and that the said WinneWinne was there and
for years afterwards claimed and held as their
slave there. The counsel for the defendant then re-
quired the Court to instruct the day 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 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 that the said
PhebePhebe and her then husband resided there with
intent to make that territory the home of
themselves and of the said WinneWinne ; and that the
said plaintiff was entitled to damages in this
form of action on the same principles

To which opinion of the court delivered to the
jury the counsel for the defendant expected and
prayed 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 of our Lord one thoudsand eight hundred and twenty two.

NancyNancy a free girl
vs
Isaac VoteauIsaac Voteau

Bill of exceptions

County of St. LouisCounty of St Louis to writ. NancyNancy a
freegirlheld in Slavery and who
is permitted by the court to sue as
a poor person by JJ Barton BartonJ Barton and HenryHenry SS Geyer .
GeyerS Geyer his attornies assigned as counsel
by the said court. complains of IsaacIsaac Voteau
VoteauIsaac Voteau of a plea of trespass for
that the said Isaac VoteauIsaac Voteau hereto-
fore to writ on the first day of Janu- ary in the year of our Lord one thousand eight hundred and fifteen, with force and arms
at the county aforesaid unlawf-
ully an assault did make in
and upon the said NancyNancy and
then and there beat bruised and
ill treated her the said NancyNancy .
and then and there imprisoned
her the said NancyNancy and kept
and detained her in prison with
out any reasonable or probable
cause whatsoever; and has ever

Since kept and still doth keep
and detain her in prison against
the will of the said NancyNancy and
contrary to the Laws of this territory
and other wrongs to the said NancyNancy
then and there did against the
peace of the United StatesUnited States of
AmericaAmerica and to the damage of
the said NancyNancy five hundred
dollars and therefore she brings
suit