Dorinda, a free woman of Colour vs. John Simonds, Jr.
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To the Honourable the Circuit CourtCircuit Court of St. Louis
County

The petition of DorindaDorinda a free woman of Colour
represents that she was born in slavery, and about five
years ago became the property of AringtonArington Phelps PhelpsArington Phelps , who
about three years ago went to reside in the State ofIllinois
IllinoisIllinois taking with him your petitioner, that
he continued to reside in the said State about
two years, during all who in time your petitioner
remained with him in the said State; that
a short time ago she said PhelpsPhelps removed
to the State of MissouriMissouri, bringing with him
your petitioner whom he has since mort
gaged as your petitioner is informed and
believes, to John junior, by
whom she is detained and held in slavery

Your Petitioner therefore prays
that she may be permitted to sue as a
free person -

Dorinda

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DorindaPetitioner

filed Decr 5th 1825

A. G. Clrk

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State of MissouriMissouri
County of St LouisCounty of St Louis

In the Circuit CourtCircuit Court

March Term 1826 - DorindaDorinda free
woman of colour, who by the permissiones of
the said Court isues as a poor person a com
plains of JohnJohn Simonds Jr SimondsJohn Simonds Jr JrJohn Simonds Jr . of a plea of
Trespass for that the said Simonds heretofore
towit on the first day of January in the man in eighteen hundred twenty five
at the said County with force and army
&c. an assault did make upon the said Dorin-
da, and her then and there be at
bruised and imprisoned for the space
of six months then next ensuing, against the
peace of the said State and to the
damage of the said Dorenda of one
hundred dollars and therefore she
brings her such &c

and
for plff

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No 14th

March Term 1826

DorindaDorinda
vs

Arington PhelpsArington Phelps

This is
of hap. set
a synnibs

Cazey

Filed March 11th 1826

Agamble Clerk

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Exceuted this writ on John SimondsJohn Simonds Jr for March 11th 1826 in
the City of St LouisCity of St Louis, by his acknowleding the service thereof

John K. WalkerJohn K Walker Sheriff

Service $1.00
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The State of MissouriMissouri
County of St LouisCounty of St Louissc.

To the Sheriff of said County
Greeting

We command your to summon John SimondsJohn Simonds Jr jr.
that he be and appear before the judge of our CircuitCircuit Court
CourtCircuit Court at the next term thereof to the held at the
city of St LouisSt Louis within and for the County of St LouisCounty of St Louis
on the fourth Monday in March instant then and
there to answer unto DorindaDorinda a free woman of colour
who by the permission of the Count sues as a poor
person of a plea of trepass to the damage of
said plaintiff of one 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 11th day of March 1826

Archibald GambleArchibald Gamble Clerk

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John SimondsJohn Simonds Jr
ads
DorindaDorinda

and the said JohnJohn Simonds Jr
SimondsJohn Simonds Jr by GeyerGeyer his attorney comes
and defends the and injury
when &c and says he is not guilty
of the said trespass assault Hattery
& false imprisonment, in manner
and form as the said plaintiff hath
above thereof complained against
him, and of this he puts himself
upon the country &c

GeyerGeyer for defs

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And for further plea in this behalf the
said defendant plaintiff says that the said plaintiff
is not a free person in manner and
form as she hath above thereof in
her declaration thereof alleged and
of this him puts himself, upon the country
&c

GeyerGeyer for defns

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And for further plea in this behalf the
said defendant says that the said plaintiffs
to have or maintain her action
aforesaid thereof against him because
he says that she the said plaintiff
before and at the time of the commence
ment of this was and is

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a slave and this he is ready to verify
wherefore he prays judgment &c

GeyerGeyer for defs

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John SimondsJohn Simonds Jr
ads.
pleas
DorindaDorinda

1 Not-Guilty

2. Plff not free

3 Plff a slave

filed March 28th 1826

A. GambleArchibald Gamble Clk

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Deposition of produced and Sworn and examined
on the Twentieth day of May one thousand eight hundred & twenty six between the hours of nine of the Clock in the fore
noon and six of the Clock of the afternoon of that day of
the office of Richard JRichard J . Hamilton Geyer in the town of Browns-
ville and County of JacksonJackson in the State of IllinoisIllinois
sue Jack Manning a Justice of the Peace within and for
the County aforesaid in a Certain Case now pending in
the Circuit Court of the County of St LouisCounty of St Louis in the State of MisMissouri-
souri between DorindaDorinda a woman of Colour Plaintiff
and John Simonds JrJohn Simonds Jr . defendant.

Richard JRichard J . HamiltonHamilton of Lawful age being produced Sw
om and examined on the Part of the defendant depo-
sith and saith -

Question first. Are you acquainted with DorindaDorinda a woman of
Colour the Plaintiff in the above mentioned suit
if so at what time and at what place did you
know her?

Anser I am. I have been acquainted with her from her
infancy have seen her in KentuckyKentucky, in MissouriMissouriand
and She also resided with me for a time in Browns-
ville Jackson CountyJackson County State of IllinoisIllinois.

Question What do you know concerning her residence in the
State of IllinoisIllinois; please State the Circumstances atten-
ding it?

Answer DorindaDorinda was brought to IllinoisIllinois Late in the fall of 1823
and Left at the house of Col. James Gill on the IllinoisIllinois
Bank of the Mississippi RiverMississippi River in this County by a man
by the name of BrownBrown as I was informed - About
the same time a communication from
Mr. AringtonArington Phelps PhelpsArington Phelps the Master and owner of
theDorindaDorinda informing me that she was to be
out in the County of Cape County
State of MissouriMissouri requesting me to attend to will
ing her out in the said County and the mon
ey for his will until he returned and took her home

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As soon as I know that she was at said James Gills I
went there with the intention of taking her to Misso
uri and hireing her there but at the earnest solici-
tations of DorindaDorinda to permit her to remain at
my house until her master should return and take
her home I permitted her to go home and remain
with me without the knowledge and contrary to
the institutions of her Master and owner Mr. PhelpsPhelps
I wrote to Mr. PhelpsPhelps informing him of Dorinda's Sit-
uation but received no answer for six or eight mon-
ths or more when he informed me that by reason of his
absence he had not before remained my Communi-
cation and again instructed and requested me to take
DorindaDorinda to MissouriMissouri and live her out as before in-
situation. I took her to MissouriMissouri with that inten-
tion but she again entreated me to let her return with
me and refused to stay there; and She retunred with
me to IllinoisIllinois where she remained until August 1825 when her Master on his return from a trip to
KentuckyKentucky called and took her home with him. She
went freely and with out any compulsion on the part of her
Master or apparent reluctance on hers.

Question 3 Do you know by what authority or produce the aforesaid
BrownBrown brought the said DorindaDorinda to IllinoisIllinois?

Answer I do not.

Richd J Hamilton

Sworn and Subscribed to before me on the day at the place and
between the homes first aforesaid.

Jack Manning J. P.

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Diana W. Hamilton of Lawfull age being produced sworn
and examined on the Part of the defendant deposith and
Saith.

Question 1st Are you acquainted with DorindaDorinda a woman
of Colour the Plaintiff in the above mentioned suit
if so at what time and at what place did you know
her?

Answer I am. But never knew her except during her residence

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in the State of IllinoisIllinois.

Question2. What do you know concerning her residence in the StateIllinois
of IllinoisIllinois Please State the circumstances attending it.
Answer In the fall of 1823I saw a communication from Mr. Arington PhelpsArington Phelps to Mr. HamiltonHamilton requesting him to
attend to having out DorindaDorinda in the County of Case goe
s a a State of MissouriMissouri. I was at Colo. James Gill's
with Mr. HamiltonHamilton the same fall when I saw Dorin
da for the first time. I heard Mr. HamiltonHamilton tel
her that he would take her to MissouriMissouri and will
her ours and heard her request him to per-
suit her to go and five Stay with him untill her
master should return and take tookher home. I asked her if
her Master sent her to Live with Mr. HamiltonHamilton She
said no But that she he was to be Mr. HamiltonHamilton
was to him her is MissouriMissouri But that she had much
rather Stay with Mr. HamiltonHamilton until her master
returned. She remained with Mr. HamiltonHamilton at BrownBrown
[ wille ]JacksonJackson County CountyJackson County IllinoisIllinois and after eight or ten
months Mr. PhelpsPhelps wrote to Mr. HamiltonHamilton the having
been informed of DorindaDorinda ; Situation requesting him
to take DorindaDorinda to MissouriMissouri and him her there
Mr HamiltonHamilton accordingly took her to JacksonJackson Miss-
ouri for the purpose of hiring her their - She when
there requested Mr. HamiltonHamilton and myself
to permit her to return with us to IllinoisIllinois and personal
ly absolutely requested to remain in MissouriMissouri. She retur-
ned with Mr. HamiltonHamilton . and remained until about
August 1825 when her Master Mr. PhelpsPhelps on his re-
turn from a trip to KentuckyKentucky called and took her
with him and she went without any apparent
reluctance.

DianaDiana Mr. HamiltonHamilton

Sworn and Submitted to before sue on the day at the place and
between the hours first aforesaid

Jack Manning J. P.

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Jack Manning a Justice of the Peace within and for the County of
JacksonJackson in the State of IllinoisIllinois do Certify that the about named

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Richard Hamilton and Diana W. Hamilton the aponents were by
me Severally Sworn to testify the whole truth of their knowledge tou
ching the matter in Controvercy aforesaid that they were examin-
ed and their examinations returned to writing and by then respec-tively Submitted in my presence on the day between the hours
and on the place in that behalf first aforesaid Specified -

Taken and certified this 20th day of May 1826

J. Manning J. P.

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State of IllinoisIllinois
Jackson CountyJackson County
Ss

I Jack Manning Clerk of the Circuit CourtCircuit Court for
within and for the County of JacksonJackson in the StateIllinois
of IllinoisIllinois do hereby certify that JackJack Man
ning before whom the foregoing deposition were taken and
whose name is Submitted to the foregoing Several Certificates th-
ere of was on the 20th day of May eighteen hundred and twenty six a Justice of the Peace within and for the county of JackJack -
son aforesaid duly appointed and qualified
and acted as such and that full faith and cercuit are due
to his acts as such

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In testimony whereof I have hereunto set my hand
and affixed my private Seal (no official Seal of the
said Court being provided and the Statute authorizing
the Clerk to use his private Seal in like cases) at
BrownsvilleBrownsville this Twentieth day of May in the year of our Lord one thousand eight hundred and twenty six.

Jack Manning Clerk

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

To any Judge or Justice of the Peace of The State of IllinoisIllinois
....Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by John Simonds JrJohn Simonds Jr .
attorney or agent, and him, her or them examine upon his her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein DorindaDorinda is plaintiff and said JnoJohn Simonds Jr SimondsJohn Simonds Jr
Jur. is defendant on the part of the said Defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 24th day of April in the year of our Lord, one thousand eight hundred and twenty Six

Archd GambleArchibald Gamble Clerk, C. C.

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DorindaDorinda a woman of Colour
vs
John Simonds JrJohn Simonds Jr

In the Circuit CourtCircuit Court of St Louis County

The above named Plaintiff will take notice that
I Shall attend at the office of Richard Hamilton in the Town of BrownsvilleBrownsville,
Jackson CountyJackson County IllinoisIllinois, on the twentieth day of may next, between the hours of
nine O clock A.M. and Six O clock P. M. of that day, before some
competant authority, to take the depositions of witnesses to be read on the
trial of Said Cause, on the part of the said Defendant, when and
where you can attend if you think proper
St LouisSt LouisApril 24th 1826

H. S. Geyer Attorney for the
Defendant

I acknowledge legal service of the above notice for the
above named Plaintiff
April 25th 1825.

A Cozens

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St LouisSt LouisCircuit CourtsCircuit Court

DorindaDorinda a Woman
of Colour
vs
John Simonds JrJohn Simonds Jr

Duly Executed as appearperson the
paper on the 20th day of May 1826.

J. Manning J.P.

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& filed 5th June 1826

Archd GambleArchibald Gamble Clerk

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Dor inda a woman of Colour
vs.
John [ Simons ] Jr.

Deposition

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Clerk of the Circuit CourtCircuit Court of St Louis County
MissouriMissouri

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Opened filed 5th June 1826

Arch GambleArchibald Gamble Clerk

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State of MissouriMissouri
Secretary' Office
To

I George Forgus Secretary of
state of the state of IllinoisIllinois do hereby certify that
Joel Manning was on the 20th day of May 1826 a justice
of the peace for the County of JacksonJackson and State afore
said as appeals from the records of this office

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In testimony whereof I have
hereunto subscribed my name
and affixed the of the seal of the State
this 22d day of June in the year AD 1826

George Forgus
Secty State

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DorindaDorinda
vs.
John Simonds JrJohn Simonds Jr

St. Louis Circuit CourtCircuit Court

Avington Phelps being sworn saith
that he is the owner of the above plaintiff now suing
for freedom: that HenryHenry S. Brown is a material witness
for the defendant in above suit without whom he can
not safely go to trial: that said BrownBrown went some time
since to Texas in the Spanish territory whence he
is expected to return to his residence in Pike CountyPike County
in this State in September next & has in fact
lately written home to that effect; so that this de
ponent fully believes he shall be able to procure
the testimony of said BrownBrown in said suit by the
next term of this Court Deponent further says
that said BrownBrown has been in Texas ever since
said suit was commenced, so that he has hith
erto been unable to obtain his deposition.

Avington Phelps

Sworn to & subscribed
This 2d August 1826
in open Court

Arch GambleArchibald Gamble Clerk

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DorindaDorinda
vs
JnoJohn Simonds Jr SimondsJohn Simonds Jr

affidat
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sir,

Take notice that DorindaDorinda a female
negro conveyed by you to me as a slave
has commenced suit against me in the
St LouisSt Louis Circuit in form or acted of assault
and Battery and falseimprisonmentaccording
to the fore of the Statue to establish her
right to freedom, she claiming to be a free
woman you are therefore required to
take notice of the said action which is
now pending in said suit and to maintain
you right to hold her as a slave and
her to me as such according to
your warranty in that behalf

St LouisSt Louis9th Dec 1826

To Arington PhelpsArington Phelps

JnoJohn Simonds Jr Simonds JrJohn Simonds Jr

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The within notice was and complained by me, to the
Avington Phelps, the person to whom the same was directed
the 9th December 1826 in the city of St LouisSt Louis

Robert SimpsonRobert Simpson Pls

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DorindaDorinda
vs
JnoJohn Simonds Jr SimondsJohn Simonds Jr jr
Notice to PhelpsPhelps

filed Decr 9th 1826

AG Clerk