Jenny vs. Robert Musick
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Superior CourtSuperior Court Northern Circuit.
March Term 1819.

County of St LouisCounty of St Louis. to writ JinnyJinny 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 SS Geyer .
GeyerS Geyer her attornies assigned as counsel
by the said court complains of RobertRobert Musick
MusickRobert Musick of a plea of Trespass. For that
the said Robert MusickRobert Musick heretofore to writ
on the first day of January in the year of our Lord one thousand and eight hundred and fifteen, with force and arms
at the county aforesaid unlawfully
an assault did make in and upon
the said JinnyJinny ; and then and there
beat bruised and ill treated her
then said JinnyJinny . and then and there
imprisoned her the said JennyJenny and
kept and detained her in prison
without any reasonable or probab
le caused whatsoever: and has
even since kept and still
doth keep and detain her

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prison against the will of the said
JinnyJinny and and contrary to the Laws of this
Territory. and other wrongs to the
said JinnyJinny then and there did aga
inst the peace of the United StatesUnited States
of AmericaAmerica. and to the damage
of the said JinnyJinny five hundred
dollars and therefore she
sues

Barton & Geyer 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 summonRobert MusickRobert Musick , that he
be and appear before the judges of our SuperiorSuperior Court court of our Territory
of MissouriMissouri at our said Superior CourtSuperior 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 in March next, then and there in our said
court before our Judges aforesaid, to answer unto JinnyJinny a free girl
held a 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

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Witness the Honorable SilasSilas Bent BentSilas Bent Esquire presiding
Judge ofour 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.

J.C. S.C.N.C.

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Served this writ 8th February 1819. by read
ing it to the defendt
at his place of resi
dence. Bonhomme Township.

JohnJohn K Walker K. WalkerJohn K Walker

service .80
travel 24 ms 1.20
$2.00

filed april 26th 1879

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No 194

April Term 1821

SuperiorSuperior Court CourtSuperior Court N.6
March Term 1819.

Summons

JinnyJinny a free girl
vs
Rob Musick

Trespass and
falso im-
prisonment

To the clerk the
SuperiorSuperior Court CourtSuperior Court N6
This is an action of
Trespass and false
imprisonment
Damage $500.00
which you will issue
a summons to
Shff of St LouisSt Louis city.

Barton & Geyer

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Superior CourtSuperior Court
Northen Circuit

RobertRobert Musick MusickRobert Musick
ads
JinnyJinny .

And the said defendant by RR Pettibone PettiboneR Pettibone
his attorney comes of defends the force
and injury when and as to the assaulting,
beating, bruising, ill treating & imprisoning and
detaining in prison of the said plaintiff, as in
her said declaration mentioned- the said
Defendant says that the said plaintiff ought
not to have of maintain her aforesaid action
thereof against him, because he says that before,
and at the said time when in the said
declaration mentioned, to writ at the place and
within the jurisdiction aforesaid, the said plaintiff
was and still is the slave of him the said defen
dant, wherefore in his own right the said
Defendant at the said time when did
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 said severalsupposedtrespasses
whiney the said Plaintiff hath above
thereof complained against him- And
this he is ready to verify - Wherefore
he prays judgement

R. Pettibone atty for
Plff

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And the said JinnyJinny saith she ought
not to he barred and precluded from
having and maintaining her aforesaid
action thereof against the said RobertRobert Musick

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MusickRobert Musick because she saith that at
the said time when in the said
declaration mentioned she was not
the slave of him the said RobertRobert Musick
MusickRobert Musick in manner and form as
he has above in his said plea
alleged and this she prays
may be inquired of by the
country and the said RobertRobert Musick
MusickRobert Musick doth the like.

BartonBarton for
the Plff

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Circuit

RobertRobert Musick MusickRobert Musick
vs
JennyJenny

Plea
RR Pettibone PettiboneR Pettibone atty
Replication dispute

filed June 20th 1879

J. C.

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Superior CourtSuperior Court

RobertRobert Musick MusickRobert Musick
vs
JinnyJinny

St Louis County Ss

RobertRobert Musick MusickRobert Musick the
above named defendant being duly
sworn says that this suit depends upon
the same principles and facts as the suit
of PhebePhebe Prewett adsWinnyWinny - and that
the Testimony of the witness mentioned
in the affidavit of the said PhebePhebe here
unto , is material for this deponent
on the trial of this cause
and that he cannot safely proceed to
trial without him. This deponent knows
of no other witness by whom he can
prove the same facts which he expects
to be able to prove by the said witness
and he has reasonable grounds to believe

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that he can procure the attendance of
the said witness at the next term of this
Court - This deponent has taken no
steps to procure the attendance of the
said witness at this term- because
he did not know of the said witness
untill, it was too late to procure his
evidence for this term. This application
is not made for delay but that sub
stantial justice may be done

sworn to andsubscribed this
24th day of April 1820 Before me

M.
Robert MusickRobert Musick

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St Louis Circuit CourtCircuit Court
Febry 1822

JinnyJinny a free girl
vs.
Robert MusickRobert Musick

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 Illi-
nois between twenty and thirty years since by one PhebePhebe
whitesides alias PruittPruitt and her husband when and where
the said WinneWinne was by there held in slavery during the
space of three of four years: that at the end of the
said time of there or four years the said PhebePhebe with
her said husband removed to the now state of MissouriMissouri
and that the said WinneWinne was then and for years after
wards claimed and held as their slave there. 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 StatesUnited States North West of the River OhioOhio and also
that the law did not authorize the recovery ofmore
than nominal damages in this action by the plain
tiff, which instructions the Court refused but changed
the Jury that said evidence 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

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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
an 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
Council for the defendant excepted and prayed the Court
to sign and seal a bill of exceptions taken there
to which is done accordingly in open Court this tenth day of February in the year one thousand eight hundred and twenty two

N.B Tucker

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St. Louis Circuit CourtCircuit Court

JennyJenny
vs
Rob Musick

Bill of exceptions

Pettibone &
Ferris and SpaldingSpalding
attys