Winny, a woman of color v. Samuel Donner
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Territory of MissouriMissouri
County of St LouisCounty of St Louis

August Term
of the Circuit CourtCircuit Court

WinnyWinny a woman of colour by JamesJames H
HJames H Peck her attorney complains of
of a plea of trespass for
saidSamuelSamuel on the first day of April
year of our Lord one thousand eight hundred
and, twenty with force and arms made
an assault upon the said WinnyWinny , to writ at st
Louis in the county aforesaid and then and there
seized and took hold of the said WinnyWinny and
her the said WinnyWinny kept and detained for a
long space of time to writ for the space of
five days than next following and also then
and there forced and compelled the said
WinnyWinny to labour and perform menial
services for persons and then and there
imprisoned the said WinnyWinny and kept and
detained her in prisonwithout any reasonable
or probable cause for a long space of time
to writ the space of the five days last aforesaid
contrary to the statute in that case made and
provided and against the will of the said
WinnyWinny , whereby the said WinnyWinny was not only
prevented from pursuing her necessarybusiness
but was also otherwise thereby
fied and injured to writ at St LouisSt Louis in the
county aforesaid and also for that the said

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on the second day of april in the yearof our Lord one thousand eight hundred and with force and arms made an assault
the said WinnyWinny to writ at St LouisSt Louis in the
aforesaid and then and there beat bruised
and ill treated the said WinnyWinny and then and there
the said WinnyWinny and kept and
detained her in prison without any reasonable
or probable cause what soever for a long
space of time to writ for the space of nine days
then next following contrary to the laws of this
territory and against the will of the said WinnyWinny
and other wrongs to the said WinnyWinny then and
there did, to the great damage of the said
WinnyWinny and against the Peace of the UnitedUnited States
StatesUnited States of AmericaAmerica wherefore the said Win
ney saith the is injured and hath sustained
damage to the amount of one thousand
dollars and therefore she sues

James H Beck
att. for Plff

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No. 70

August 9 1820

WinnyWinny - & woman of colour
vs
SamuelSamuel Donner

This is an action
of trespass with
force and arms
let a sum
mons issue
Peck att for plff

filed May 27th 1820

A GambleArchibald Gamble clk.
Executed
90 cts

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executed this writ on SamuelSamuel Donner by
within writ he & petition to him in the Town
of St LouisSt Louis3rd June 1820

IssacIssac C McGirkMcGirk D
DMcGirk D . Shffs

service & travel
90 ets
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of MissouriMissouri of the United StatesUnited States of AmericaAmerica to
of St LouisSt Louis the sheriff of St. LouisSt Louis county greeting.

We command you to summon SamuelSamuel
if he be found in your County that he
appears before the judge of our circuit
at the next term thereof to be held at the St LouisSt Louis within and for the county of
St. LouisSt Louis on the first Monday in August next then
and there to answer unto WinnyWinny a woman of colour
of a plea of trespass to the damage of the said
plaintiff One Thousand Dollars and have you then there
this writ

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WitnessArchibald GambleArchibald Gamble clerk of
our said court at office this 27th day of May Eighteen Hundred & Twenty and of our Independence the
forty fourth -

Archibald GambleArchibald Gamble
by John C. Long DClk

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To the Honorable the circuit found
of the Northern Circuit Setting for the
county of St LouisSt Louis.

The Petition of WinnyWinny a woman
a woman of colour humbly represents that
on the twenty first day of October in the year of our Lord One thousand eight hundred and seventeen she was the property of a certain
JenningBeckweth and by him at that date
owned as a slave. That at the said date in
the Town and County of St. LouisCounty of St Louis (Where the
said Beckweth then lived and held your
Petitioner as aforesaid) a certain conversa-
tion was had and moved by and between
the said Jennings and a certain SamuelSamuel
Donner concerning the emancipation
of your Petitioner when i was then and there
agreed by and between the said Jennings and
SamuelSamuel that for and in consideration of the
sum of three hundred dollars by the said
SamuelSamuel paid to the said Jennings and for
and in consideration that it was the desire
and intention of the said Jennings that
your Petitioner should be emancipated
at such time and on the fulfilment of the
condition herein after mentioned on the be
half of your Petitioner that is to say when
your Petitioner should pay to the said Sam
uel Donner the sum of three hundred

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and fifty dollars by her work and labour or
earning the same for the said SamuelSamuel by facing
or otherwise, that then your Petitioner
should be free and emancipated. and your
Petitioner States for the consideration aforesaid
and with the intention aforesaid as will more
freely appear by an indenture between the said
parties under their hands and seals containing
the stipulating and covenants to the effect aforesaid a
copy of which is here to the court produced
and desired to be taken as a part of this Peti
tion. your Petitioner was transferred and the
possession of the said SamuelSamuel Donner and
your Petitioner states that since she has been
So transferred she has paid the said Donner
a large amount of money and has also earn
ed by her work and labour as a hired servant
by the said Donner a large amount of money
to and for the use of the said Donner and
by him actually received and your Petitioner
expressly states that the amount of money
by her paid to the said Donner (as apart of
the amount in the said indenture mentioned
by her to be paid to the said Donner and the
amount by the said Donner received for her
work and labour as a hired servant as a
foresaid since the said transfer makes in
the whole considerably more than the said
sum of three hundred dollars the sum to the paid
before her emancipation as in the said
indenture is specified and your Petitioner
humbly insists that she according to the

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tentrain of the said indenture is intended
to her freedom yet your Petitioner states
the said SamuelSamuel the Promises not with-
standing (he well knowing the same said
retains and keeps her as a slave and refuses
to allow her for freedom your Petitioner
therefore prays that she may be permitted
to sue as a poor person to obtain her freedom
and your Peitioner will ever pray

WinnyWinny
by her agent
JamesJames

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Petition
WinnyWinny vs
SamuelSamuel Donner

filed Augt.18th 1820

A GambleArchibald Gamble Clk

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SamuelSamuel Donner
ads
WinneyWinney a woman
of colourâ

CircuitCircuit Court CourtCircuit Court
August Term 1820-

and the SamuelSamuel Donner by his attor
ney comes and defends the force and
injury when and says, that he is
not guilty of the said supposed
trespass above said to his charge or
any part thereof in manner and from
as the said WinneyWinney hath above thereof
complained against him and of this
he the said SamuelSamuel Donner puts him
self upon the country se

M. McGirk att for
Deft

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SamuelSamuel Donner
ads
WinneyWinney a woman
Of colour-
Plea

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State of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

To the Sheriff of St. LouisSt Louis countyâGreeting.

You are hereby commanded to summon John Bothick
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on the ninth day of January at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney
is plaintiff,
and Saml Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 21st day of Dec in the year of our Lord, one thousand eight hundred & twenty day of

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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WinnyWinny
vs
Donner

for John Bothick
for plaintiff

January 9th

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John Bothick
not found

John K. WalkerJohn K Walker
Deft
non est. 50 cts.

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State of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

To the Sheriff of St LouisSt Louis countyâGreeting.

You are hereby commanded to summon Barbara Shope NancyNancy Brazier
Thomas WilliamsThomas Williams JesseJesse Creighton CreightonJesse Creighton that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on the ninth day of January at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney
vs plaintiff,
and SamuelSamuel Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 21st day of Decr in the year of our Lord, one thousand eight hundred & twenty

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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WinnyWinny
vs
Donner

for
B Shope
N Brazier
Thos Williams
Jesse CreightonJesse Creighton
for plaintiff

January 9th

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not served in con-
sequence of the
sudden adjourn-
ment of the court

John K WalkerJohn K Walker
DShff

4 non est $2
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State Of MissouriMissouri,
County of st. Louis, sct.

To the Sheriff of St LouisSt Louis countryâGreeting.

You are hereby commanded to summon Mathias McGirkMcGirk Kusucker
MaryMary Paddock senr H Cozins
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on the ninth day of January at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny
is plaintiff,
and Saml Donner is defendant on the part of
the plaintiff and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 21st day of Decr in the year of our Lord, one thousand eight hundred & twenty

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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WinnyWinny
vs
Donner

for
Mathias McGirkMcGirk
Kusucker
MaryMary Paddock an
H Cozens
for plainff

January 9th

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not served in
consequence of
the sudden
adjournment
of court 26th Dec. 1820

John K. WalkerJohn K Walker
DShff

4 non est. 2.E
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State of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

To the Sheriff of St LouisSt Louis countyâGreeting.

You are hereby commanded to summon B Shope N Brazier Thomas
Willams JesseJesse Creighton CreightonJesse Creighton that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on the Eighteenth day of April at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny
is plaintiff,
and Saml Donner is defendant on the part of
the plaintiff and have you then and there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 8th day of January in the year of our Lord, one thousand eight hundred & twenty one day of

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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Served this writ
Barb
ara Shope
(alias CollinsCollins )
on the 2nd Febry
on ThomasThomas Williams WilliamsThomas Williams
the 21st Feb
in the Town of
Bon homme
Jesse CreightonJesse Creighton
& N. Brazier
not found

J K WalkerK Walker
DShff

term 6.6
2 non est 0-0
travel 5-0
$3.26
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WinnyWinny
vs
Saml Donner

for
B Shope
N Brazier
Thos Williams
Jesse CreightonJesse Creighton
for plaintiff

April 28th

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State Of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

To the Sheriff of St LouisSt Louis countyâGreeting.

You are hereby commanded to summon Mathias McGirkMcGirk Kusucker
MaryMary Paddock Senr,
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of circuit
court on the 18th day of April at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny
is plantiff,
and Donner is defendant on the part of
the plantiff and have you then and there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 8th day of January in the year of our Lord, one thousand eight hundred & twenty one day of

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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Served this writ
On Kusucker

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WinneyWinney
vs
Donner

Mathias McGirkMcGirk
Kusucker
MaryMary Paddock Senr
Horatio Cozens for plantiff

April 18th

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Served this writ on
Horatio Cozens
On the 8th day February 1821 and
on
on the 12th July 1821. And on MaryMary
Paddock senr 18th Apr 1821
by delivering her a copy hereof at her
residence in St. LouisSt Louis
Township inMathias and McMcGirk -
GirkMcGirk not found in
my county

IssacIssac C. McGirkMcGirk D

DMcGirk D .Shff 3 services $99 cts 1 non est $50 travel $10 $159
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State of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

To the Sheriff of St. LouisSt Louis countyâGreeting.

You are hereby commanded to summon John Bothick
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on the Eighteenth day of April at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny
is plaintiff,
and Saml Donner is defendant on the part of the plaintiff and have you then and there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this Eighth day of January in the year of our Lord, one thousand eight hundred & twenty one day of

Archd GambleArchibald Gamble

Clerk, S. L. C.C.
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18
WinnyWinny
vs
Donner

for John Bothick
for plff

April 18th

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Served this writon John
Bothick on the 10th February in S LouisS Louis

John K WalkerJohn K Walker Deft

Service - 33 cents
Travel - 6
39 cts
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State of MissouriMissouri,
County of St. LouisCounty of St Louis, sct.

The Sheriff of St LouisSt Louis countyâGreeting.

You are hereby commanded to summon Issac A.Letcher Francois M Guyol
Jesse CreightonJesse Creighton & John L. SuttonJohn L Sutton
that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit
court on theforteenthday of at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney a
woman of colour is plaintiff,
and SamuelSamuel Donner is defendant on the part of
the Deft and have you then and there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 14th day of April in the year of our Lord, one thousand eight hundred twenty one day of

A GambleArchibald Gamble

Clerk, St. LSt Louis. C.C.
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Served this writ on
John L. SuttonJohn L Sutton 23rd April 1821. by reading, and a JesseJesse Creigh-
ton 24th April 1821 by-
reading and an
Isaac AIsaac A . Letcher by
reading by in
S LouisS LouisTownship25th April 1821
Guyol not found
in my county

J. C. McGirkMcGirk D
DMcGirk D shff

3. Services in .99 cts
1 Non Est. .50 cts
Travel .9
$1.58
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WinneyWinney
vs Saml-Donner

plea

Isaac AIsaac A Letcher Francois M. Guyol +JesseJesse Creighton CreightonJesse Creighton
+and John LJohn L Sutton -
+SuttonJohn L Sutton .

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State of MissouriMissouri,
County of St. LouisCounty of St Louis, Sct.

The Sheriff of St. LouisSt Louis countyâGreeting.

You are hereby commanded to summon Thomas WilliamsThomas Williams
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on theforthwithday of at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney is
plaintiff, and SamuelSamuel Donner is defendant on the part of the plantiff and have you then and there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 24th day of April in the year of our Lord, one thousand eight hundred and twenty oneday of

A GambleArchibald Gamble

Clerk, S. L. C.C.
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Thomas WilliamsThomas Williams not found in any county 24th April 1821.

I. C. McGirkMcGirk Dsff
non Est 50 cts

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WinnyWinny
vs
Saml Donner

for Thos. Williams
for plaintiff
WilliamsWilliams maybe
found on a raft
near the steammill

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State Of MissouriMissouri,
County of St. LouisCounty of St Louis, Sct.

The Sheriff of St LouisSt Louis countyâGreeting.

You are hereby commanded to summon Isaac AIsaac A Letcher
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit
court on theforthwithday of at the town of St. LouisSt Louis, then and there to testify
And the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney
is plantiff,
and SamuelSamuel Donner is defendant on the part of
the plantiff and have you then and there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
The town of St. LouisSt Louis, this 25 day of April in the year of our Lord, one thousand eight hundred & 21 day of

A GambleArchibald Gamble

Clerk, S. L. C.C.
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WinnyWinny
&
Donner

For
Isaac AIsaac A Letcher
For plaintiff
Forthwith

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served this writ
On Isaac AIsaac A
Letcher in the
Township of
St. LouisSt Louis by reading
it to

On the 25th April 1821.

E. F. Brown
D shff

Service 33
Travel 10
4303
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The State Of MissouriMissouri,
County of St. LouisCounty of St Louis. Sct.

To the Sheriff of said county-Greeting:

We command you to attach MaryMary Paddock alias Barbara CollinsCollins Barbara Shope if they may be found within your bailiwick, and bring them on the27th- April 1821
forthwith
before the judge of our circuit court now sitting at the town of St. LouisSt Louis,
within and for the county of St. LouisSt Louis, then there to answer unto the StateMissouri
of MissouriMissouri, touching a certain contempt by them committed, in not at-
tending as a witness in a case of WinnyWinny
plaintiff and Saml Donner
defendant on the part of the plantiff after being legally
summoned by the sheriff of the said county, and have you then there this
writ.

Witness A GambleArchibald Gamble clerk of our
said court, at the town of St. LouisSt Louis, this 26th day of April in the year of our Lord one thousand eight hundred and 21, and of our inde-
pendence the forty fifth

A GambleArchibald Gamble Clerk

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WinnyWinny
vs S Donner

for
MaryMary Paddock and
Barbara Shope
(alias CollinsCollins )

attachment on
the 27th April 1821

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[missing figure]

The of Mrs
MaryMary Paddock
and Barbara Shope
Alias CollinsCollins are
now before the
court

27th Apl 1821

IsaacIsaac C. McGirkMcGirk DShff

2 services $1.00
travel .10
1.10
1"10
.39
.93
1.58
1.59
3.26
.50
.43
.50
200
200
.75
13
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State of MissouriMissouri,
County of St. LouisCounty of St Louis, Sct.

The Sheriff of St LouisSt Louis countyâGreeting.

You are hereby commanded to summon FrancoisFrancois
that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on thenow sittingday offorthwith at the town of St. LouisSt Louis, then and there to testify
and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney
a woman of colour is plaintiff,
and SamuelSamuel Donner is defendant on the part of
the and have you then and there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit court, at
the town of St. LouisSt Louis, this 26th day of April in theyear of our Lord, one thousand eight hundred twenty one day of

A GambleArchibald Gamble

Clerk, S. L. C.C.
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WinnyWinny vs
S Donner

Summon
-vs

Thomas WilliamsThomas Williams

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[missing figure]

served this writ
on Francois M
Guyol on the
27th April 1811. by reading
it to him in
the township
of st Louis
Thomas Williams
not found in
this County

E. F. Brown
D shff

1 service 33
1 non est 50
travel 10
93 cts
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The State of MissouriMissouri,
County of St. LouisCounty of St Louis. Sct.

To the Sheriff of said country-Greeting:

We command you to attach John Bothick
if he may be found within you bailiwick, and bring him forthwith
Before the judge of our circuit court now sitting at the town of St. LouisSt Louis,
within and for the country of St. Lonis, then there to answer unto the StateMissouri
of MissouriMissouri, touching a certain contempt by him committed, in not attending
as a witness in a case of WinneyWinney is
plaintiff and SamuelSamuel Donner is
defendant on the part of the plaintiff after being legally
summoned by the sheriff of the said country, and have you then there this
writ.

Witness A GambleArchibald Gamble clerk of our
said court, said court, at the town of St. LouisSt Louis, this 26th day of April in the year of our Lord one thousand
eight hundred and Twenty one, and of our independence
the 1st.

Archibald GambleArchibald Gamble Clerk

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WinnyWinny vs Donner
Attachment for
Jno Bothick

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[missing figure]

Served this writ
on John Bothick
in the Town-
ship of St. LouisSt Louis
and have his
body before the
court this 26th day of April 1821.

E. F. Brown Dshff


Service $1.00
travel .10
$1.10
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WinnyWinny a women of color
vs
SamuelSamuel Donner

St Louis County -
In the Circuit CourtCircuit Court
April Term 1821.

Be it remembered that on the trial of this
cause the plaintiff offered in evidence a certain
indenture executed by and between Jennings
Beckwith and SamuelSamuel Donner of the
following to wit: " MissouriMissouri Territory St. LouisSt Louis county
This indenture that Jennings Beckwith of the county
and territory aforesaid now owns and is possessed of a mulatto
woman named WinnyWinny , a slave of the said Jennings. The said Jennings
doth hereby emancipate and set free the said WinnyWinny , and hereby
discharges her from all manner of obligation of servitude or
slavery from him, to take effect only on the following
conditions and at the expiration of the following time, that
is to say. That whereas SamuelSamuel Donner of said county has
paid to me in hand for the said WinnyWinny the sum of three hun
dred dollars. Now when the said WinnyWinny shall pay to
him the said SamuelSamuel Donner the sum of three hundred
and fifty Dollars, then she is to be free and emancipated as aforesaid;
until which time she is to be the property of the said SamuelSamuel ,
and serve him as a slave; only that the said SamuelSamuel Don
ner shall not sell said WinnyWinny as a slave under pain
of her being free the moment she is sold as a slave
But the said Donner may sell her time until
she pays the aforesaid sum of money to writ, three
hundred and fifty dollars or what way be the
balance at the time she is thus sold, and no more.
testimony whereof we have

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âhereunto set my hands free at Saint LouisSt Louis

This 21st day of October one thousand âeight hundred and seventeen in of us

M Mc. Girk
Jennings Berharth
SamuelSamuel Donner

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to which indenture there was but one subscribing
witness. And the said indenture does not appear
ever to have been proven or acknowledged in court
or to have been recorded in any court whatever
but the same has been recorded in the recorder
office of St Louis County. To the reading of
which indenture in evidence the defendant
by his counsel objected, But the Court over
ruled the objection and decided that the same
might be read in evidence to the jury, which was
done accordingly. To which decision of the Court
the defendantly his counsel excepted and
tendered this his bill of exceptions and prayed
that the same might be signed and made a part
of the record. And be it also remembered that
at the trial of the said cause testimony was
given on the part of the plantiff to prove that

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SamuelSamuel Donner the defendant did at various
times receive money from various persons for
the hire of the said WinnyWinny the plantiff: And
that the said defendant by his counsel requested
the Court to instruct the jury that all testimony
going to prove that matter was
to this cause and ought to be disregarded
by them in making of their verdict
but the court refused to give such instructions
and directed the jury that if Donner
had rendered for the plantiffs services from WinneyWinney to
the amount of three hundred fifty dollars
it was sufficient towarrant a verdict
for the plantiff to
to which opinion and
decision of the court the defendant by
his counsel accepted and tended this his
bill of exceptions and prayed that the
same might be signed and made a part of
the record which is done accordingly

N. B. TuckerN B Tucker

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WinnyWinny vs Donner

Bill of
Exceptions

Filed May 2 1821AG clk

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WinnyWinny a woman of colour
vsSamuelSamuel Donner

To attending as a witness for plff,
5 days ------- $5.00
Sworn to and subscribedJohnJohn L Sutton L. SuttonJohn L Sutton

before me this 15th May 1821

John C Long D.Clerk.

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WinnyWinny
vs
Donner

$5.00

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We the jurorsfind averdict for
the plaintiff of one cent damages

Obadiah Reynolds
fore man

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