Winny vs. Rufus Pettibone et al
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In the Circuit CourtCircuit Court
July Term 1825

No. 12.

WinnyWinny
vs
RufusRufus Pettibone PettiboneRufus Pettibone & others

The within is a counterpart of the writ
Issued to the Sheriff of the County ofCounty of St Louis
St. LouisCounty of St Louis2nd June 1825

Arch GambleArchibald Gamble clerk

Shffs. fees $2.00 To Franklin - R. Brock Shff
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County of Saint LouisCounty of Saint Louis.
The State of MissouriMissouri

To the Sheriff of the County of FranklinCounty of Franklin
Greeting.

We Command you to summon John Butter and BetsyBetsy his wife impleaded with RufusRufus Pettibone
PettiboneRufus Pettibone , Charles B. HattonCharles B Hatton and SallySally his wife, Owen WingfieldOwen Wingfield and SallySally his wife IsaacIsaac Voteau
VoteauIsaac Voteau , John WhitsetJohn Whitset alias WhitesidesWhitesides , Mitchel HattonMitchell Hatton and AnneAnne his wife. MichaelMichael Sanford
SanfordMichael Sanford and TheresaTheresa his wife John WhitsetJohn Whitset alias WhitesidesWhitesides and LucindaLucinda Whitset WhitsetLucinda Whitset
alias WhitesidesWhitesides , That they be and appear before the Judge of our circuit court at the
next Term thereof to be held at the city of St. LouisSt Louis within and for the county of St. LouisSt Louis on
the Fourth Monday in July next then & there to answer unto WinnyWinny a free Woman of
Color who is permitted by the court to sue by Alexander ClarkAlexander Clark her next friend as a poor
person of a plea of trespass to the damage of said plaintiff of Five hundred dollars
and have you then there this writ.

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Witness Archibald GambleArchibald Gamble clerk of our said
Court at Office this second day of June One Thousand eight hundred and twenty four

Archibald GambleArchibald Gamble clerk

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Executed the within writ on John Butler and ElizabethElizabeth
Butler his wife in Newport Township FranklinFranklin County

CountyFranklin County by reading the same to them in their hearing on
the 14th day of June 1825

RobtRobt . Brock Shff

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State of MissouriMissouri
County of S. Louis

In the CircuitCircuit Court CourtCircuit Court July Term 1825

WinnyWinny a free woman of color held in slavery, and who
is permitted by the court, to sue as a poor person
by Alexander ClarkAlexander Clark her next friend, who by her
Attornies Edward BatesEdward Bates and Issac G. Mc Girk, assigned
as counsel by the said court, complains of RufusRufus Pettibone
PettiboneRufus Pettibone , and of CharlesCharles , and sally his wife
.

Butter and BetsyBetsy his wife, John Mulser, alias
MitchelMitchell Hatton HattonMitchell Hatton and AnneAnne his wife, MichaelMichael Sanford SanfordMichael Sanford
and his wife, JohnJohn Whitset WhitsetJohn Whitset Jr., Alias WhitesidesWhitesides
and LucindaLucinda Whitset WhitsetLucinda Whitset , alias WhitesidesWhitesides , of a plea of
trespass, for that the said defendants heretofore
to writ, on the first day of January in the year of our Lord Eighteen hundred and twenty five with force
and arms, at the county of St. LouisSt Louis, unlawfully an
assault did make in upon the body of the said
WinnyWinny , and then and there beat bruised and illtreat
ed her the said WinnyWinny and then and there imprisoned


cause whatsoever, and has still
and detained her in prison, and do still
detain her in prison, against the will of
WinnyWinny and contrary to the laws of this
and other wrongs to the said WinnyWinny then and there
did against the peace of this state, wherefore
the said WinnyWinny says she has sustained damage
to the amount of five hundred dollars and there
fore she sues.

Bates & M cGirk
Atty for plff

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County of St. LouisCounty of St Louis

The State of MissouriMissouri

To the Sheriff of said County Greeting

We Command you to Summon Rufus PettiboneRufus Pettibone , Charles B. HattonCharles B Hatton and SallySally his wife
OwenOwen Wingfield WingfieldOwen Wingfield and sally his wife IsaacIsaac Voteau VoteauIsaac Voteau , John Butter and BetsyBetsy his wife
John WhitsetJohn Whitset alias WhitesidesWhitesides Mitchel HattonMitchell Hatton and AnneAnne his wife Michael SanfordMichael Sanford
and TheresaTheresa his wife John WhitsetJohn Whitset alias WhitesidesWhitesides and Lucinda WhitsetLucinda Whitset alias
WhitesidesWhitesides that they be and appear before the Judge of our Circuit CourtCircuit Court at the next term
thereof to be held at the city of St LouisSt Louis within and for the County of Louis on the fourth
Monday in July next then and there to answer unto WinnyWinny a free woman of color who is
permitted by the court to sue by Alexander ClarkAlexander Clark her next friend as a poorperson of
a plea of trespass to the damage of said plaintiff of five hundred dollars, and have you
then there this writ

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Archibald GambleArchibald Gamble clerk of our said
Court at office this second day of June 1825

Archibald GambleArchibald Gamble Clerk

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No. 32.

In the CircuitCircuit Court CourtCircuit Court
July Term 1825

WinnyWinny
vs
RufusRufus Pettibone PettiboneRufus Pettibone and others

To the Clerk of the
Circuit CourtCircuit Court
This is an action of
assault & Battery and
false imprisonment
a Summons
for the defendants
BatesBates and McMcGirk GirkMcGirk
for plff

filed 2nd June 1825

Archd GambleArchibald Gamble Clerk

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served this writ on IssacIssac Voteau
VoteauIssac Voteau on the ninth day of July 1825 by reading it to
him.

The other defendants to
RufusRufus Pettibone . PettiboneRufus Pettibone . CharlesB
Mattew and SallySally his wife
OwenOwen Wingfield WingfieldOwen Wingfield and SallySally his
wife. John Butler and BetsyBetsy
his wife. John WhitsetJohn Whitset alias,
WhitesidesWhitesides . Mitchel HattonMitchell Hatton
and Ann his wife.

. John WhitsetJohn Whitset alias
WhitesidesWhitesides , notfound
in my County July 9th

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Executed this writ on MichaelMichael Sanford SanfordMichael Sanford and TheresaTheresa his wife July 6th 1825
the City of St LouisCity of St Louis. On IssacIssac Voteau VoteauIssac Voteau on the 9th of the same month in the Towns-
hip of Bonhomme by reading the same to them. The other defendants
named in this writ are not to be found in my County. neither have they a
Place of abode in my County, known to me, at which should have a copy hereof
July 9th 1825

Service $3.00
12 non Ests 6.00
$9.00

John K. WalkerJohn K Walker Sheriff

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WinnyWinny , a free woman of color
vs
Rufus PettiboneRufus Pettibone , Charles B. HattonCharles B Hatton & SallySally his wife
Owen WingfieldOwen Wingfield & SallySally his wife
IsaacIsaac Voteau VoteauIsaac Voteau
John Butler & BetsyBetsy his wife
John WhitsetJohn Whitset , alias, WhitesidesWhitesides
Mitchel HattonMitchell Hatton & AnneAnne his wife
Michael SanfordMichael Sanford & TheresaTheresa his wife
John WhitsetJohn Whitset alias Whitesides
Lucinda Whitset alias WhitesidesWhitesides .

Ss.. In the Circuit CourtCircuit Court
of St. Louis County 1825
Action of Trespass of
assault and Battery &c.

MalindaMalinda , a free girl of color
vs
. Same

HarryHarry , a free boy of Color
vs
Same

Ss. Same

LorindaLorinda a free girl of color
vs
Same

Ss. Same

JinnyJinny , a free woman of color
vs
Ephraim MusickEphraim Musick
Charles B. HattonCharles B Hatton & SallySally his wife
Owen WingfieldOwen Wingfield & SallySally his wife
Isaac VoteauIsaac Voteau
John Butler & BetsyBetsy his wife
John WhitsetJohn Whitset alias Whitsides
Mitchel HattonMitchell Hatton & AnneAnne his wife
Michael SanfordMichael Sanford & TheresaTheresa his wife
John WhitsetJohn Whitset alias Whitesides
Lucinda Whitset alias whitesides

Ss.. Same

Winnitta a free girl of color
vs
Same

Ss. Same

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We the attornies for the parties in the foregoing
named causes, now pending in the St. Louis CircuitCircuit Court
CourtCircuit Court, agree that any competent depositions legally
taken, or taken by consent in either of the above
named causes may be read in all the others, as
far as they may relate to the matter in controversy
and further, we agree, that noted to take depositions
in any of the said causes, served
on any attorney of record for either party, instead of
the party or parties, and that depositions taken in
pursuance of any such notices properly given as
aforesaid, may be read in the same manner
as if notice had him served on the party or
parties themselves in person.

St. LouisSt Louis, October the 4th 1825

H. R. Gamble &IsaacIsaac C. Mc GirkMcGirk
Attorney for Plffs
E. BatesEdward Bates as far as
an command
Cozens
for deft.

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WinnyWinny & Others
vs
Musick. Pettibone &
others.

Agreement between
the attornies of each
party in relation
to Depositions

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

To The Sheriff Of St. Louis County....Greeting:

You are hereby commanded to Summon John BJohn B C. LucasLucas
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our CircuitCircuit Court
CourtCircuit Court , on theforthwithday of at the City of St. LouisCity of St 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 RufusRufus Pettibone's
are defendants, on the part of the Defendants and
have you then there this writ.

Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 11th day of April in the year of our Lord, one thousand eight hundred and twenty six

A GambleArchibald Gamble

Clerk, C.C.
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Served on
on the
11th April 1826
in the city of
St. LouisSt Louis


Fees 50cts

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March 1826

WinneyWinney
vs
Pittibones Admr
for

for Deft.

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

To The Sheriff Of Saint LouisSt Louis County....Greeting:

You are hereby commanded to Summon John. B. C. LucasLucas .

that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Cir-
cuit Court, on the twenty fifth day of July. at the City of St. LouisCity of St 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 RufusRufus Petitioner
admrs. are - - - defendants, on the part of the Defendants and -
have you then there this wirt.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said circuit Court, at the
City of St. LouisCity of St Louis, this twenty sixth day of June - in the year of our Lord, one thousand eight hundred and twenty six

Arch GambleArchibald Gamble

Clerk, C.C.
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July Term 1826

WinnyWinny
vs
R. Pettiboneadmrs
for
John Bc LucasLucas

For. Defendant

July 25th 1826

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Executed on
John Bc LucasLucas
on the 14th July 1826 in the city of St. LouisSt Louis


from

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WinnyWinny
vs
Livi PettibonePettibone Rufus Admr of
RufusPettibone Rufus Pettibone deed
HarryHarry vs Same
MalindaMalinda
vs
Same
LorindaLorinda
vs
Same
JinnyJinny
vs
Ephraim MusickEphraim Musick
WinnettaWinnetta
vs
Same

To JosiahJosiah spalding Esgr, Attorney for the plain
tiffs in the above causes.

You will please take notice, that the said
several plaintiffs, by their agent or attorney, will
attend at the dwelling house of Elias MitzElias Mitz , in
the beauty of St LouisSt Louis, 9 or 10 miles from St LouisSt Louis,
On Saturday the fifth day of August next, be
tween the hours of 10 Oclock A.M. and six Oclock
P.M. of that day, and then and there take the depo
sitions of witnesses, to be read in evidence on
the trial of the above mentioned causes, on the
part of the plaintiffs, when & where you and
the said plaintiffs, will attend & Exam
ine, if you think fit.

St LouisSt LouisJuly the 1826.

Bates & Mc Girk
Atto's for Plffs

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WinnyWinny & others
vs
Pettibone & Musick

Notice to take
depositions at
house of E. Mitz
Saturday 5th Augt.

Received copy of
within 31, July 1826

In this case in which
PettibonePettibone alone is con
cerned I acknowledge
this to be a sufficient
service of notice
.
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County Of St. LouisSt Louis, Sct.
State of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis County...Greeting:

You are hereby commanded to Summon John BJohn B . C LucasLucas
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit CourtCircuit Court , on the 29th, day of November at the City of St. LouisCity of St 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
R PettibonesAdmrs is defendant, on the part of the
Defendant and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 12th day of October in the year of our Lord, one thousand eight hundred and twenty six

Archibald GambleArchibald Gamble

Clerk, C.C.
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November Term 1826.

WinneyWinney
vs.
R Pettibones Admrs.

subpoena

for
John BJohn B C LucasLucas
for
Defendant

" 29th Nov 1826.

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Executed this notice on B C LucasLucas Octr. 20, 1826
By reading to him the same

Fee $50

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WinnyWinny
vs
Pettibone's admin
and others

and said Levi administrator
of Rufus PettiboneRufus Pettibone deceased, & said Lanford &
wife come and defend the force and injury
when . C. say that they are not guilty
of said trespass, imprisonment wrongs
in mannerand form as is
them in said declaration and of this they
put themselves upon the Country &C.

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and for afurther plea said Levi administration as aforesaid and said
and wife say that at the time when the said WinnyWinny was the
slave of CharlesCharles B Hatton BCharles B Hatton . HattonCharles B Hatton ,OwenOwen Wingfield WingfieldOwen Wingfield ,IsaacIsaac Voteau VoteauIsaac Voteau , John Butter
JohnJohn Whitset WhitsetJohn Whitset ,, Michael Hatton, Michael Landford, John whitset
Jr. & Lucinda whitset, to writ at the County aforesaid and that
the said trespass were committed
on said WinnyWinny as such slave and nototherwise; and this
they are ready to verify, wherefore they pray judgment &c.

filed Nov. 29th 1826

A G Clk

atty for plff

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WinnyWinny
vs
PettibonePettibone & others
plea

filed April 12th 1826

A GambleArchibald Gamble clk.

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

To The Sheriff Of St. Louis County:....Greeting

You are hereby commanded to Summon JosephJoseph Garnier GarnierJoseph Garnier
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit CourtCircuit Court , on thefourteenthday of at the City of St. LouisCity of St Louis, then and there
to testify and the truth to say in a certain matter of controversy, now pending in our said court, wherein
is plaintiff, and Winny
Pettiboneadr and others are defendants, on the part of the
Defendantsand have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at
the City of St. LouisCity of St Louis, this 29th day of Novr in the year of our Lord, one thousand eight hundred and twenty six

A GambleArchibald Gamble

Clerk, C.C.
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Executed this writ on Jos N Nov. 29, 1826

$â50

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WinnyWinny
vs
PettibonePettibone ads and others

for J. N Garmer
forthwith for
Deft.

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The State of MissouriMissouri,
County Of St. LouisSt Louis,
sct.

To the Sheriff of said countyâGreeting:

We command you to attach James RichardsonJames Richardson
if he may be found within your bailiwick, and bring him forth
with before the judge of our circuit court, now sitting at the city of StSt Louis.
LouisSt Louis, within and for the county of St. LouisSt Louis, then there to answer
unto the State of MissouriMissouri, touching a certain contempt by him com
mitted, in not attending as a witness in a case of WinnyWinny
plaintiff, and RufusRufus Pettibone PettiboneRufus Pettibone ads
defendant, on the part of the Defendant
after being legally summoned by the sheriff of the said
county, and have you then there this writ.

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Witness AArchibald Gamble GambleArchibald Gamble clerk of our said court
at the city of St. LouisSt Louis, this 29th day of November in the year of our Lord one thousand eight hundred and twenty six
and of our independence the

Arch. Gamble clerk

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Nov Term 1826

WinnyWinny
vs
PettibonePettibone ads

attachment for
Jas RichardsonJas Richardson

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The State of MissouriMissouri, sct.
County Of St. LouisSt Louis,

To the Sheriff of said county-Greeting:

We command you to attach John Bc LucasLucas
if he may be found within your bailiwick, and bring him forth
with before the judge of our circuit court, now sitting at the city of StSt Louis.
LouisSt Louis, within and for the county of St. LouisSt Louis, then there to answer
unto the State of MissouriMissouri, touching a certain contempt by him com
mitted, in not attending as a witness in a case of WinneyWinney
plaintiff, and Rufus Pettibones ads
and others defendant, on the part of the Defendants
after being legally summoned by the sheriff of the said
county, and have you then there this writ.

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Witness Archd GambleArchibald Gamble clerk of our said court
at the city of St. LouisSt Louis, this 29th day of Novr in the year of our Lord one thousand eight hundred and twenty six
and of our independence the

A GambleArchibald Gamble Clerk

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St. Louis Circuit CourtCircuit Court
Term 182

WinneyWinney
vs
PettibonePettibone ads
and others

Attachs
for
Jno BCLucasLucas

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JB C LucasLucas came into court and the attach
ment was not served.

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St LouisSt Louis. Nov. Term 1826.

WinneWinne
vs.
Levi Pettitione Michael Lanford
Theresa his wife and others St. Louis Circuit CourtCircuit Court Nov. Term
1826

Be it remembered that on the trial of
this case the plaintiff winne proved that some time about
the year one thousand seven hundred ninety two one JohnJohn Whitset
WhitsetJohn Whitset came to the now state of IllinoisIllinois and brought with
him said winne then twelve or fourteen years of age hol
ding her as a slave; also then bringing with him his
son ThomasWhitset then aged about eight years; that
said John resided three or four years at a place in the
now state of IllinoisIllinois called WhitesidesWhitesides , station and then
removed into MissouriMissouri in 1796 where he afterwards died, the said
WinneWinne having all that time been held as slave and
said ThomasThomas having rendered with his father John Whit
set during that time said ThomasThomas also with his father
during all the time of said Johns residence in the then
North west Territory that on the morning Whitset was
removing to LouisianaLouisiana the inhabitants of the stationtalked of here from taking plantiff out
of the territory. The plaintiff gave nothing for
in evidence material to the point of law
raised to the admission of the testimony hereinafter
specified. The defendents then introduced a witness
who stated that he was at WhitesidesWhitesides , station afore
said in the fall of the year 1794 and shortly afterwards
had a conversation with said John whitset,
and said John then and there said
before said John came onto
country and while he resided in Georgia he went to VirginiaVirginia, to see the father in
of said John who then a deed of gift of said girl WinneWinne
to his son the said ThomasThomas ; and that that was all
the said father in law did for them although his
said John's house had just been burnt down with
his property; and he had thereupon gone to his said father
in laws to obtain assistance. The plaintiff's counsel
moved to exclude the declarations of said Whitset in
relation to the said deed of gift from the counsel

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nation of the JinnyJinny : which the court according by
did and decided that the said declarations aforesaid
should not go to the Jury: and they were accor
dingly excluded, To which opinion of the court
the defendants counsel excepted andprayed the
court to sign this his bill of exceptions which
is done accordingly.

WillWill : C. CarrCarr

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WinneWinne
vs Pettibone's admistr & others

WillWill . C. CarrCarr

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WinnyWinny a free woman of color
and her three infant children
mentioned in the petition
vs
CharlesCharles B Hatton Rufus PettiboneRufus Pettibone
Charles B. HattonCharles B Hatton
Owen WingfieldOwen Wingfield
Isaac VoteauIsaac Voteau
John Butter
John WhitsetJohn Whitset
Mitchel HattonMitchell Hatton &
Michael SanfordMichael Sanford legal
Representatives of John WhitsetJohn Whitset decd
John WhitsetJohn Whitset and
Lucinda WhitsetLucinda Whitset heirs
of Thomas Whitset deed &
legal representations of JohnJohn Whitset
WhitsetJohn Whitset decd.

Let the order in this can be made, in the usual forum
that WinnyWinny & her children mentioned in the petition
an allowed to sue the above persons for their freedom
as poor persons by their next friend, that they are not
to be removed out of the Jurisdiction of the court, nor
to any seventy for having said an amount of
this application, and that they be not debased of
reasonable liberty of attending their counsel, - (accord
ing to the statute of freedom, the new law)

Court assign Bates & Mc Girk as counsel
in the order, that the Sheriff serve
the defendants with notice of this order.

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JinnyJinny a free woman of color &
WinnettaWinnetta her infant child
vs
Ephraim MusickEphraim Musick
and all the other persons named in Winny's case
except Rufus PettiboneRufus Pettibone .

Let the order he the same with the addition
that JinnyJinny with her child shall be hired out by
the Sheriff to any person he pleases in the county
for the most he can get till the November Term
of this court, and then from term to term till
the suit is finally decided, and that the Sheriff take
bond from the hirer with good in a sufficient sum for the
payment of the hire, and that the hirer shall have
the said JinnyJinny forth coming when and where the
court shall award, and that the hirer allow the
negro liberty of attending her counsel, and that the
Sheriff the hire and keep it subject to
the order of the Court
also State in the entry that Bates & Mc Girk assigned by
the Court as counsel by the court
Insert, that the Sheriff serve the defend
ants with Notice of this order.

Make out a copy and hand it to the Sheriff
in both cases and give it to the shff