Lydia vs. John Butler
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Territory of MissouriMissouri
Northern Circuit ss

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

You are commanded that you summon to her Butler that he 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 LouisSt Louis on the fourth Monday
March next, then and there in our said Court before our Judges of
our said Court to answer unto LydiaLydia a free girl held in slavery
in a plea of trespass, assault Battery of false imprisonment to her
damage five hundred dollars and have you then and there
this writ and certify to our said court how
the sameâ

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Witness the Honorable SilasSilas Bent BentSilas Bent Esquire
presiding Judge afour 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

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Served this writ 23rd January 1819 by reading
It to the defendant at
His place of residence
Point Labbadie Town-
Ship

John K WalkerJohn K Walker
D shff

Service - $.80
Travel 110 ms 5.50
6.30

Filed April 26th 1829

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No 192

Superior CourtSuperior Court N.C.
March Term 1819.

Summons

LydiaLydia a free girl
vs
John Butter

Trespass and
false imp--
risonment

To the clerk of the -
court this is
an action of trespass
and false imprisonment
damage $ 5.00
On which you will
issuesummons
To the sheriff of St Louis
County.

BartonBarton and Geyer

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Superior CourtSuperior Court

John Butter
vs
LydiaLydia

And the said Defendant
by RR Pettibone PettiboneR Pettibone his attorney comes
and defends the wrong of injury when
and as to the assaultingbeatingbruising
ill treating, and
ing in prison, the said Plaintiff, as in her
said declaration mentioned, the said Defen-
dant saith that the said Plaintiff ought
not to have or maintain her aforesaid
thereof against him because
he says that before and at the said time
when in the said declaration mention
ed, to writ, at the place of within the
Jurisdiction aforesaid, the said Plaintiff
was and still is the slave of him the said
Defendant - wherefore the said Defendant
at the said time when he did beat
imprison and obtain in prison the said
Plaintiff so being the slave of him the
said Defendant as helawfully 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 prays Judgment -

R PettiboneR Pettibone Atty for Deft

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And the said LydiaLydia by saith she
ought not to be barred and precluded
from having and maintaining her
aforesaid action by reason of any thing
by the said John Butter above in his
pleaalleged because she saith that
at the said time when she was
not the slave of the said John
in manner and form as he has
above in his said plea alleged
and this she prays many be
enquired of by the county and
the defendant doth the like.

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John Butter
adm vs
LydiaLydia

plea - Replication
and issue.

filed September 20th 1819
J. V.

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St. Louis Circuit CourtCircuit Court
Febry. Term 1822

LydiaLydia free girl
vs
John Butter

On the trial of this cause it was proved
on the part of the plaintiff that are WinneWinne mother of the
said plaintiff was carried into the now state of IllinoisIllinois
between twenty and thirty years years since by one PhebePhebe Whitesides
WhitesidesPhebe Whitesides alias Prewitt and her husband when and
where the said WinneWinne was by them held in slavery du-
ring 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 new State ofMissouri
MissouriMissouriand that the said crime was from that time held
in slavery to the present time. The counsel for the de
fendant 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 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 in-
struction the Court refused, but charged 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

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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 accordingly in open Court this
tenth day of March in the year one thousand eight hundred and twenty two.

N. B. TuckerN B Tucker

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St. Louis Circuit CourtCircuit Court

LydiaLydia free girl
vs
John Butter

Bill of exceptions

PettibonePettibone and
SpaldingSpalding

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Superior CourtSuperior Court Northern Circuit
March Term 1819.

County of St LouisCounty of St Louis. to writLydiaLydia
a free girl held in Slavery and who is
permitted by the court to sue as a
poor person by J BartonJ Barton and Herry S.
Geyer his attornies assigned by the court
as counsel for the said LydiaLydia complains
of John Butler of a plea of Trespass
for that the said John Butter heretofore
to writ 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 the said LydiaLydia and
then and there beat bruised and ill
treated her the said LydiaLydia and
then and there imprisoned her
the said LydiaLydia and kept and
detained her in prisoned without
any reasonable or probable cause

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whatsoever; and has ever since kept
and still doth keep and detain
her in prison against the will of the
said LydiaLydia and contrary to the Laws
of this Territory. and other ways to the
said LydiaLydia then and there did
against the peace of the UnitedUnited States
StatesUnited States of AmericaAmerica-and to the Dam
age of the Said LydiaLydia five hundred
dollars; and therefore she sues & Co.

J.Barton & GeyerGeyer atts