Dunky v. Andrew Hay
View original image: Page  001
[missing figure]

To theHonWilliamWilliam C. CarrCarr Esq. Judge of the Circuit
Court of the Third Judicial Circuit of the State of Mo.
now in
session Your Petitioner DunkyDunky
a woman of colour respectfully represents to yourthis Honourable
court that she was born in AfricaAfrica from which place she was shiped
by persons unknown to her, and landed at Charleston in the
State of South CarolinaCarolina about Twenty years ago, where she
remained but few days after which she was conveyed from
thence to KaskaskiaKaskaskia in the State of IllinoisIllinois by Alcorn
& Bernard Jas Bryant by whom she was delivered to WilliamWilliam Morrison
MorrisonWilliam Morrison at the place last aforesaid whom she served
as an indented servant in the said State of IllinoisIllinois
until September in the Year of our Lord one thousand eight hundred and thirty when she was delivered to
AndrewAndrew HayHay in the State last aforesaid who held
her in servitude at the place aforesaid until the Third day of April in the year of our Lord one thousand eight hundred and thirty one at which time he removed her
to the City of Saint LouisSt Louisand State ofwithin the CountyCounty of Saint Louis
of Saint LouisCounty of Saint Louis and State of MissouriMissouri where he the said
WilliamWilliam CarrCarr AndrewAndrew HayHay holds your Petitioner
in servitude- Your petitioner has reason to, and does
verily believe that she is justly entitled to her freedom
and therefore prays that she may be permitted to prossecute
for the same in the Circuit Court of the County of SaintCounty of Saint Louis
LouisCounty of Saint Louis and State aforesaid, in forma pauperis, and
StephenStephen W WStephen W Forman &Geor. D. Shaw be assigned as counsel
And as in duty bound your petitioner will ever pray

DunkyDunky her
mark

View original image: Page  001
[missing figure]

Before me personally appearedDunkyDunky a coloured woman
being byme duly sworn upon her oath says the Facts contained in the
above petition are true- Sworn the 5th day of April 1831 within
the Township of Saint LouisSt Louis:

DunkyDunky her
mark

JPeace
View original image: Page  002
[missing figure]

Saint Louis Circuit CourtCircuit Court March Term 1831

Wednesday 6th April 1831

DunkyDunky
vs
AndrewAndrew HayHay

George D Shaw presents the petition of DunkyDunky a woman of color
praying that she may be permitted to institute a suit against AndrewAndrew HayHay for
establishing her right to freedom and that the may be permitted to sue as
a poor person thereupon the court permit the said DunkyDunky to sue as
aforesaid and direct an action of assault and battery and false im-
prisonment to be brought in the name of the said DunkyDunky and assign
George D.Shaw and StephenStephen W WStephen W Foreman as her counsel and it is ordered
by the court that the said AndrewAndrew HayHay permit the said petitioner to
have a reasonable liberty of attending her counsel and the court when
occassion may require it and that she said petitioner shall not be
taken or removed out of the Jurisdiction of this court or be subject to
any severity of treatment on account of her said application for
freedom-

A true copy of the order

Archibald GambleArchibald Gamble Clerk

View original image: Page  002
[missing figure]

DunkyDunky
a woman of colour
vs
AndrewAndrew HayHay

Petition

For liberty to sue in
formapauperis

filed April 6 1831

A GambleArchibald Gamble Clk

View original image: Page  003
[missing figure]

St Louis Circuit CourtCircuit Court

Of the term of July 1831

County of Saint LouisCounty of Saint Louis to wit DunkyDunky a woman of
colour who by permission of the court sues in forma
paupiris complains of AndrewAndrew HayHay for that on the
first day of April in the Year of our Lord one thousand eight hundred and thirty one, the said AndrewAndrew HayHay
with force and arms made an assault upon the said
DunkyDunky to wit at the City within the County of Saint LouisCounty of Saint Louis
and State of MissouriMissouri and then and there seized and
laid hold, of the said DunkyDunky and with great force and
violence pulled and dragged about her the said
DunkyDunky and then and there struck the said DunkyDunky
a great many violent blows and strokes and then and
there imprisoned the said DunkyDunky and kept her in
prision there without any reasonable or probable cause
whatsoever for a long space of time to wit for the space of
three days then next following contrary to law and
against the will of the said DunkyDunky whereby she the said
DunkyDunky was then and there not only greatly bruised â wounded but wasthereby greatly injured in her
circumstances.

And the said DunkyDunky avers that before
and at the time of the committing the grevivences above
mentioned she was and still is a free person and that
the Defendant held and detained her and still holds
and detains her in slavery to wit at the City within the
County of Saint LouisCounty of Saint Louis and State of MissouriMissouri, and other
wrongs to the said DunkyDunky then and there did against
the peace of the State and to the damage of the said DunkyDunky
of Five hundred dollars therefore she brings her suit

S. W. Foreman G D Shaw
Atty

View original image: Page  004
[missing figure]

County of Saint LouisCounty of Saint Louis Ss.
The State of MissouriMissouri

To the Sheriff of the county of Saint LouisSt Louis
Greeting

We command you to summon AndrewAndrew HayHay that he be and
appear before the Judge of our Circuit CourtCircuit Court at the next July
Term thereof to be held at the City of St LouisCity of St Louis within and for
the county of St LouisSt Louis on the fourth monday of July next
then and there to answer unto DunkyDunky a woman of color of
a plea of trespass assault and Battery and false imprison-
ment to the damage of the said DunkyDunky of Five Hundred
Dollars and have you then there this writ

[missing figure]
Witness Archibald GambleArchibald Gamble Clerk of our said
Circuit CourtCircuit Court at Office this Eleventh day of April in the year of our Lord one thousand eight Hundred and thirty one

Archibald GambleArchibald Gamble Clerk

View original image: Page  004
[missing figure]

Served this writ on AndrewAndrew HayHay by reading it
â the declaration to him in the City of St LouisCity of St Louis on the 16h day of April 1831. I also at the
same time read to him the order of the
Circuit CourtCircuit Court endorsed on the petition
hereto annexed

Jno. K. WalkerJohn K Walker
Sheriff

service of writ 1.00
View original image: Page  005
[missing figure]

Order of Court .50

$1.50

View original image: Page  005
[missing figure]
AndrewAndrew HayHay
ads
DunkyDunky a woman of color

And the saidAndrewAndrew HayHay by GambleArchibald Gamble his
attorney comes and defends the force and injury
when and says he is not guilty of the said supposed
trespass and injury in the declaration mentioned in
manner and form as the said plaintiff hath
above thereof complained against him and of
this he puts himself upon the Country

And for further plea in this behalf the
said defendant says that the said plaintiff
ought not to have and maintain her aforesaid
action against him because he says that the said
plaintiff is a slave without this that she is free
as in her said declaration is above supposed and
this he is ready to verify wherefore he prays Judgement

And for futher plea in this behalf the said
Defendant says that the said plaintiff ought not to maintain her said action against him because
at the
time of the committing the said supposed griev
ances in the declaration mentioned the said plaintiff was held to
labour in the State of IllinoisIllinois under the laws of said
State of IllinoisIllinois and had escaped into the CountyCounty of Saint Louis
of Saint LouisCounty of Saint Louis aforesaid without this that at the
said time when when the said plaintiff was free as in

View original image: Page  006
[missing figure]
her said declaration is above supposed and this he
is ready to verify wherefore he prays Judgement

H R GambleH R Gamble atto
for Dft

filed August 10th 1831

A GambleArchibald Gamble Clk

View original image: Page  006
[missing figure]
No 12

July Term 1831
St LouisSt Louis Circuit

Dunky
a coloured person
vs
AndrewAndrew HayHay

Action for freedom
The Clerk
will issue Summons

Geo. D Shaw
atty

Filed 11th April 1831

Archibald GambleArchibald Gamble Clerk

View original image: Page  006
[missing figure]

1st pled N.G

2 plff a slave

3rd An
Indentured
servant

filed
August 10th 1831

A GambleArchibald Gamble Clk

View original image: Page  007
[missing figure]
DunkyDunky (a black woman)
vs
AndrewAndrew HayHay

And the plaintiff, for replication to the plea of
the defendant by him first above pleaded â whereof he
has put himself upon the county does the like

View original image: Page  007
[missing figure]

And for replication to the plea of the defendant by
him secondly above pleaded she says that by reason of
any thing in that plea alleged she ought not to be barred â
precluded from having â maintaining her action aforesaid,
because she says that at the said time, she was not a
slave, but on the contrary thereof she then was â still is
a free person as in her said declaration is above supposed
and this she of the Country

J. W Foreman

View original image: Page  007
[missing figure]

And as to the plea of said defendant by him thirdly
above pleaded the said plaintiff says that plea alleged
she ought not to be barred â precluded because she says
that at the said time she was not heldto labor in
the state of IllinoisIllinois under the laws of said state, â
escaped into missouri but on the contrary thereof,
she the said plaintiff then was â still is a free
person as in they her said declaration is above
supposed this she prays may be enquired of
by the Country

J W Foreman

View original image: Page  008
[missing figure]

orderpermittingsuittobeinstituted
Book 6 page 92

motionoverruled

Fee 103
View original image: Page  008
[missing figure]
No 12

St Louis Circuit CourtCircuit Court
July Term 1831

DunkyDunky
vs
AndrewAndrew HayHay

Replications

View original image: Page  008
[missing figure]

DunkyDunky
>vs
AndHayHay

Replications

Filed 28th October 1831

Archibald GambleArchibald Gamble Clerk

View original image: Page  009
[missing figure]

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

To the Sheriff of Saint LouisSt Louis County---Greeting.

You are hereby commanded to summon Mary Louise RocheblaveMaria Louisa Rocheblave CharlesCharles Laroch
LarochCharles Laroch â AndrewAndrew Blair
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 9th day of Decembernext 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 DunkyDunky is plaintiff, and
AndrewAndrew HayHay is defendant, on the part of the
plaintiff; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 12th day of November in the year of our Lord, one thousand eight hundred and thirty-one

Archibald GambleArchibald Gamble

Clerk, C.C.
View original image: Page  010
[missing figure]

Executed this writ on Chs.Laroch10 Dec 1831AndrewAndrew Blair â Marie Louise RocheblaveMaria Louisa Rocheblave
not found

JohnJohn K Walker KJohn K Walker WalkerJohn K Walker
Shff

50 n e 25 75 cts
View original image: Page  010
[missing figure]

November Term 1831

DunkyDunky
vs
AndrewAndrew HayHay
for plff

Marie Louise RocheblaveMaria Louisa Rocheblave

Charles LarochCharles Laroch

AndrewAndrew Blair

on 9th Decr.

View original image: Page  011
[missing figure]

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

To the Sheriff of Saint LouisSt Louis County---Greeting.

You are hereby commanded to summon William KellyWilliam Kelly
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 Ninth day of Decembernext 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 DunkyDunky is
plaintiff, and AndrewAndrew HayHay is defendant,
on the part of the plaintiff; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said
Circuit CourtCircuit Court , at the City of St. LouisCity of St Louis, this Twenty fourth day of November in the year of our Lord one thousand eight hundred and thirty-one

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  012
[missing figure]

Mr Kelly not found in my
County

JnJohn K Walker KJohn K Walker . WalkerJohn K Walker

nonest 63 cts
View original image: Page  012
[missing figure]

November Term 1831

DunkyDunky
vs
AndrewAndrew HayHay

for plaintiff

William KellyWilliam Kelly

on 9th Decr.

View original image: Page  013
[missing figure]

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

To the Sheriff of Saint LouisSt Louis County---Greeting.

You are hereby commanded to summon Marie Louis RocheblaveMaria Louisa Rocheblave - Charles LarochCharles Laroch -
AndrewAndrew Blair and William KellyWilliam Kelly
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the Thid day of Aprilinstant 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 DunkyDunky is
plaintiff, and AndrewAndrew HayHay is defendant,
on the part of the plaintiff; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said
Circuit CourtCircuit Court , at the City of St. LouisCity of St Louis, this Seventeenth day of February in the year of our Lord one thousand eight hundred and thirty-two

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  014
[missing figure]

March Term 1832

DunkyDunky
vs
AndrewAndrew HayHay

for plff

MarieMaria Louisa Rocheblave Louise RocheblaveMaria Louisa Rocheblave

Charles LarochCharles Laroch

AndrewAndrew Blair

William KellyWilliam Kelly

on 3d April

View original image: Page  014
[missing figure]

Served this writ
on M. L. Rochbleve
on this 19h March
on WmWilliam Kelly KellyWilliam Kelly on
22nd, â John Laroch
on 23rd
by reading in the
City ofCity of St Louis St LouisCity of St Louis
>A. Blair not
found

JnJohn K Walker K. WalkerJohn K Walker
Shff

serv $1.50 non est 12 1/2 $1.62 1/2
View original image: Page  015
[missing figure]

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

To the Sheriff of Saint LouisSt Louis County---Greeting.

You are hereby commanded to summon PierrePierre Menard MenardPierre Menard
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 third day of Aprilnext 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 DunkyDunky is
plaintiff, and AndrewAndrew HayHay is defendant,
on the part of the plaintiff; and have you then there this writ.

[missing figure]
Witness, Archibald GambleArchibald Gamble , Clerk of our said
Circuit CourtCircuit Court , at the City of St. LouisCity of St Louis, this 24h day of March in the year of our Lord one thousand eight hundred and thirty-two

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  016
[missing figure]

March Term 1832

DunkyDunky
vs
AndrewAndrew HayHay

for plff

PierrePierre Menard MenardPierre Menard

on 3d April

View original image: Page  016
[missing figure]

Served on PierrePierre Menard
MenardPierre Menard on the 28th March 1832
in the City ofCity of St Louis
St. LouisCity of St Louis by read
-ing it to him

JnJohn K Walker K WalkerJohn K Walker
Shff

serv50cts
View original image: Page  017
[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon ThomasThomas Drunn DrunnThomas Drunn
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 24th day of april
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 DunkyDunky is
plaintiff, and AndrewAndrew HayHay
is defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 19th day ofApril in the year of our Lord one thousand eight hundred and thirty-two

A GambleArchibald Gamble

Clerk C.C.
View original image: Page  018
[missing figure]

DunkyDunky
vs
AndrewAndrew HayHay

for

Thos Drunn

24th of April
for plaintiff


below Clerks
View original image: Page  018
[missing figure]

Executed this writ on ThomasThomas Drunn
DrunnThomas Drunn on the 23rd April 1832
in the City of St. LouisCity of St Louis

JnJohn K Walker K. WalkerJohn K Walker plff

Service 50 cts
View original image: Page  019
[missing figure]
DunkyDunky pltff

AndrewAndrew HayHay deft.

Suit for freedom in the Circuit Court of
the County of St LouisCounty of St Louis MissouriMissouri

To the above named deft. or Hamilton Gamble Esq. his
attorney of record. Take notice that I shall attend at
the office of Patrick WalshPatrick Walsh a justice of the peace in
the City of St LouisCity of St Louis â county aforesaid on tuesday next
between the hours of eight of the clock in the forenoon
â five of the clock in the afternoon of that day, then
there to take the deposition of Witness to be read on
the trial of the above cause on the part of the Plff

St.LouisSt Louis19 April 1832

DunkyDunky pltff:
by her atto;

J. W. Foreman

View original image: Page  019
[missing figure]

This notice served on me April 19. 1831

H. R. Gamble

View original image: Page  020
[missing figure]

DunkyDunky
vs
AndrewAndrew HayHay

Notice

View original image: Page  021
[missing figure]

Pursuant to the above and answered
notice personally appeared before me PatrickPatrick Walsh
WalshPatrick Walsh a Justice of the peace within and
for the County of St LouisCounty of St LouisThomasThomas of
lawfull age who being first sworn and examined upon his oath says that he knows
the plaintiff named in the notice DunkyDunky a
woman of colour and first became acquainted
with her at KaskaskiaKaskaskia in the
state of
IllinoisIllinois in the year eighteen hundred and ninteen and twenty - DunkyDunky is a tall coloured
woman with a yellow tinge and scars upon her
cheeks apparantly made with a knife and
was said and a native African
â that at the this deponant knew DunkyDunky
at KaskaskiaKaskaskia she was claimed by WilliamWilliam
Morreson of that place and that in the
fall of eighteen hundred and twenty seven
a son of WilliamWilliam Morreson brought said
DunkyDunky to GalenaGalena and left her to hire
her own time and that this deponent hired
said DunkyDunky about four months and paid
her wages to the son of said WilliamWilliam Morreson
who claimed her

ThosDrunn

Sworn to and subscribed before me this 24th day of April A.D.1832

PatrickPatrick Walsh WalshPatrick Walsh

Justice of the peace
StLouisCounty
View original image: Page  022
[missing figure]

Opened â filed
April 5th 1832

A GambleArchibald Gamble clk

View original image: Page  022
[missing figure]

(no fees )

Depositions
Dunkey
vslb/> AndrewAndrew HayHay

The Clerk of the
Circuit CourtCircuit Court
St Louis County

Thomas DrunnThomas Drunn
for plff.

View original image: Page  023
[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon Thomas Drunn- PierrePierre Menard MenardPierre Menard
AndrewAndrew Blair- Marie Louise RocheblaveMaria Louisa Rocheblave - Charles LarochCharles Laroch -
and William KellyWilliam Kelly - that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the 30th day of Julynext
at the City of St LouisCity of St Louis, then and there to tesify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and
AndrewAndrew HayHay is defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 28th day of June in the year of our Lord one thousand eight hundred and thirty two

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  024
[missing figure]

July Term 1832

DunkyDunky
vs
AndrewAndrew HayHay

for plaintiff

Thomas Drunn

PierrePierre Menard MenardPierre Menard

AndrewAndrew Blair

Marie Louis RocheblaveMaria Louisa Rocheblave

Charles LarochCharles Laroch

William KellyWilliam Kelly

on 30h July

View original image: Page  024
[missing figure]

Served this writ on P. Menard
on 21st July 1832 in the City ofCity of St Louis
St LouisCity of St Louis A Blair M L. Rocheblave
CharlesCharles Laroch LarochCharles Laroch WmWilliam Kelly KellyWilliam Kelly â Thos
Drunn not found

JnJohn K Walker KJohn K Walker WalkerJohn K Walker Shff

serv 50 cts 5non ests
View original image: Page  025
[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon PierrePierre Menard MenardPierre Menard 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 30th day of July
at the City of St LouisCity of St Louis, then and there to tesify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein DunkyDunky is
plaintiff, and AndrewAndrew HayHay
is defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 25th day ofJuly in the year of our Lord one thousand eight hundred and thirty two

A GambleArchibald Gamble

Clerk C.C.
View original image: Page  026
[missing figure]

P Menard not found

Jn K WalkerJohn K Walker Shff

non est .12cts
View original image: Page  026
[missing figure]

DunkyDunky
vs
AndrewAndrew HayHay

for

P. Menard

30th July for
Plaintiff

View original image: Page  027
[missing figure]
DunkyDunky (a black woman)
vs
AndrewAndrew HayHay

Suit for freedom
in the St Louis CircuitCircuit Court
CourtCircuit Court

To Mr. AndrewAndrew HayHay the above named Plain
=tiff, and H R. Gamble esqr. his attoney

Take notice that depositions of Witnesses
to be read in evidence at the trial of the above
named cause, will be taken, at the dwelling
house of MadmeLouise RocheblaveLouise Rocheblave , in
the City of St LouisCity of St Louis on Saturday the
6th day of October next, between the hours
of eight o clock in the morning six O clock
in the afternoon of that day, and to be
continued from day to day between the
same hours, if need be.

The Plaintiff
by

Foreman â BatesBates
atty

St LouisSt LouisSept: 26. 1832

View original image: Page  028
[missing figure]

DunkyDunky
vs
HayHay

notice to take depositions.

Copy on

H.R .Gamble

saturday 29th Sep:,32

by in
my
presence
View original image: Page  029
[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting.

You Are Hereby Commanded To Summon Mary Louise RocheblaveMaria Louisa Rocheblave - CharlesCharles Laroch
LarochCharles Laroch PierrePierre Menard MenardPierre Menard - AndrewAndrew Blair- William KellyWilliam Kelly and
Thomas DrunnThomas Drunn

that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , on the Fifth day of Decembernext
at the City of St LouisCity of St Louis, then and there to tesify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein DunkyDunky is
plaintiff, and
AndrewAndrew HayHay
is defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this2nd day of November in the year of our Lord one thousand eight hundred and thirty two

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  030
[missing figure]

November Term 1832

DunkyDunky
vs
AndrewAndrew HayHay

for plaintiff

Mary Louise RocheblaveMaria Louisa Rocheblave

Charles LarochCharles Laroch

PierrePierre Menard MenardPierre Menard

AndrewAndrew Blair

William KellyWilliam Kelly

Thomas Drum

on 5h Decr

View original image: Page  030
[missing figure]

ChasLaroche M. L RochblavePierrePierre Menard
MenardPierre Menard AndrewAndrew Blair WilliamWilliam
Kelley â Thos. Drunn not
found

JohnJohn K Walker K WalkerJohn K Walker Shff

6 Non. e. .75
View original image: Page  031
[missing figure]

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

To the Sheriff of St. Louis County--Greeting.

You Are Hereby Commanded To Summon Mary Louise RocheblaveMaria Louisa Rocheblave - CharlesCharles Laroch LarochCharles Laroch
PierrePierre Menard MenardPierre Menard - AndrewAndrew Blair- William KellyWilliam Kelly and Thomas DrumThomas Drum
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the twenty ninth day of Marchnext
at the City of St LouisCity of St Louis, then and there to tesify and the truth to say, in a certain matter of controversy
now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is
defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City ofCity of St Louis
St. LouisCity of St Louis, this Twenty third day of March in the year of our Lord one thousand eight hundred and thirty three

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  032
[missing figure]

March Term 1833

DunkyDunky
vs
AndrewAndrew HayHay

for plaintiff

Mary Louis Rocheblave

Charles LarochCharles Laroch

PierrePierre Menard MenardPierre Menard 14

AndrewAndrew Blair

William KellyWilliam Kelly

Thomas Drum

on 29h March

View original image: Page  032
[missing figure]

Executed this writ on PierrePierre Menard MenardPierre Menard in
St LouisSt Louis City on the 14th of March 1833 â
MaryMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave Charles Laroche
AndrewAndrew BlairWmWilliam Kelly KellyWilliam Kelly â Thomas DrumThomas Drum
not found in my county

JohnJohn K Walker K WalkerJohn K Walker Shff
by JJames Brotherton BrothertonJames Brotherton Dpy

service 50 5 5 non est 62 $1.1 2
View original image: Page  033
[missing figure]
DunkyDunky
vs
Hay

of
MarieMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave

St Louis Circuit CourtCircuit Court
Dunky(ablack woman
v
AndrewAndrew HayHay

The clerk of the Circuit CourtCircuit Court
S LouisS Louis County

Opened â filed
March 25 1833

A GambleArchibald Gamble clk

View original image: Page  034
[missing figure]

Depositions Taken by virtue of a Notice, on Saturday the
sixth day of october in the year eighteen hundred and thirty two, between the hours of eight of the clock inthe
morning and six o clock in the afternoon ofsaid any
at the dwelling house of MdeLouiseLouise Rocheblave RocheblaveLouise Rocheblave in the
city of S LouisS Louis and to be read in evidence on the trial
of in the circuit court of the county
of S LouisS Louis Between DunkyDunky a Blackwoman as plaintiff
and AndrewAndrew HayHay as defendant on the part of the plaintiff

MarieMaria Louisa Rocheblave LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave personally appeared who being duly sworn
to tell the whole truth of the matter between the parties aforesaid
on her oath saith That she removedfrom the village of
KaskaskiaKaskaskia in the state of IllinoisIllinois to the city of St LouisSt Louis about fifteen years agoor
upwards That the plaintiff DunkyDunky was brought to KaskaskiaKaskaskia
by acertainMr.ThompsonThompson among a number of other states,
six or eight years before the deponent left that place
deponent and she was brought from VirginiaVirginia that said DunkyDunky remained in the possession of said WilliamWilliam Morrison
MorrisonWilliam Morrison from the time of her arrival at Kaskakia to
the period of the removal of deponent to this city of St LouisSt Louis
that she has seen the said DunkyDunky in this city of St LouisSt Louis
whom she recognized to be the same she had seen at
KaskaskiaKaskaskiashe has marks lengthwayon her checks
she cannottell the age of the said DunkyDunky at the
time she came to KaskaskiaKaskaskia

Mari Louise RocheblaveLouise Rocheblave

Sworn to â Subscribed in the
day â year at the place â Between
the hours above mentioned Before

J.C.TurnerJ.P.

View original image: Page  035
[missing figure]

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

To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Mary Louise RocheblaveMaria Louisa Rocheblave , Charles LarochCharles Laroch ,
Pierre MenardPierre Menard , AndrewAndrew Blair, ,
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the 25th day of Julynext
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 DunkyDunky is
plaintiff, and AndrewAndrew HayHay is
defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City ofCity of St Louis
St. LouisCity of St Louis, this 13th day of June in the year of our Lord one thousand eight hundred and thirty three

A GambleArchibald Gamble

Clerk C.C.
View original image: Page  036
[missing figure]

Executed this writ on MaryMary L.
Rocheblave on the 22 July 1833 by
reading the same to her in the
County of St LouisCounty of St Louis. C.Laroche P.
Menard William KellyWilliam Kelly â Thos Drum
not found in my County

John K WalkerJohn K Walker Sheff

S. D. Shff

service 50 5 n.e. 62 1/2 $ 1.12
View original image: Page  036
[missing figure]

July Term 1833

DunkyDunky
vs
AndrewAndrew HayHay

for plaintiff

Mary Louise RocheblaveMaria Louisa Rocheblave 22

CharlesCharles Laroch LarochCharles Laroch

PierrePierre Menard MenardPierre Menard

AndrewAndrew Blair

William KellyWilliam Kelly

Thomas Drum

on 25 July

View original image: Page  037
[missing figure]

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

To the Sheriff of St. Louis County--Greeting.

You are hereby commanded to summon Mary Louise RocheblaveMaria Louisa Rocheblave - Charles Laroche,
Pierre MenardPierre Menard - AndrewAndrew Blair - William KellyWilliam Kelly â Thomas DrumThomas Drum -
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit CourtCircuit Court , on the 2nd day of Decembernext
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 DunkyDunky is
plaintiff, and AndrewAndrew HayHay is
defendant, on the part of the plaintiff
and have you then there this writ.

[missing figure]
Witness: Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the City ofCity of St Louis
St. LouisCity of St Louis, this 28h day of October in the year of our Lord one thousand eight hundred and thirty three

Archibald GambleArchibald Gamble

Clerk C.C.
View original image: Page  038
[missing figure]

November Term 1833

DunkyDunky
vs
AndrewAndrew HayHay

for pff

Mary Louise RocheblaveMaria Louisa Rocheblave 5

Charles Laroche

PierrePierre Menard MenardPierre Menard

AndrewAndrew Blair

William KellyWilliam Kelly

Thomas Drum

on 2nd Decr

View original image: Page  038
[missing figure]

Executed this writ on M L.Rochhblave
5th December 1833 in St LouisSt Louis none
of the other Witnesses found

John K WalkerJohn K Walker Shff

service 50 5 n.e. 62 1/2 $ 1.12
View original image: Page  039
[missing figure]
DunkyDunky
vs
AndrewAndrew HayHay

The Defendant moves the Court to set aside the
verdict rendered in this case and grant a new
trial for the following reasons

1st Because the verdict is against evidence

2nd Because the verdict is without evidence

3rd Because the verdict is against law

4th Because the verdict is against the instructions
of the Court

HH R Gamble RH R Gamble GambleH R Gamble atto
for Deft

View original image: Page  040
[missing figure]

DunkyDunky
vs
AndrewAndrew HayHay

Motion for a new trail
â reasons filed Dec 12th 1833

A GambleArchibald Gamble Clk

View original image: Page  041
[missing figure]

View original image: Page  041
[missing figure]

DunkyDunky
vs
AndrewAndrew Hay
Bill of Exceptions

filed April 19th 1834

A GambleArchibald Gamble Clk

View original image: Page  042
[missing figure]
DunkyDunky a woman of Color
vs
AndrewAndrew HayHay

Be it remembered that on the trial of this
Cause the said plaintiff to maintain the issues
on her part produced and read in evidence
to the Jury the following depositions of MarieMaria Louisa Rocheblave
LouiseMaria Louisa Rocheblave RocheblaveMaria Louisa Rocheblave and ThomasThomas Drum DrumThomas Drum (here insert the deposition
of Mrs. RocheblaveRocheblave and ThomasThomas Drum DrumThomas Drum ) It was there admitted by the
parties plaintiff and defendant before the Jury
that the plaintiff was held in servitude in the
State ofIllinois IllinoisIllinois and that before the commence-
ment of this action she came to the State of MisMissouri-
souri without the consert of the person claiming
her services in IllinoisIllinois and that before the com-
menct of this action the defendant arrested the
plaintiff in MissouriMissouri for the purpose of removing
her to IllinoisIllinois for the person there claiming her
services and the Defendant exercised over her in missouri no
other control than was necessary for such re-
moval. The Defendant then gave in evidence to
the Jury a statute law passed on the seventeeth day of September 1807 and in force in the then Territory which
now forms the State ofIllinois IllinoisIllinois which the parties
agree may be read from the printed book in all
Courts. The defendant next gave in evidence to
the Jury the following copy of the record of regis-
try in the state of IllinoisIllinois to the mode of authenti-
cating which the plaintiff waived objections (here insert the copy of Registry) and
it was admitted that the plaintiff is the negro
named in said copy from the register This was all
the evidence given in the cause.

The Court then instructed the Jury that if they be
leived from the evidence that the plaintiff in this
case was registered in the Territory of IllinoisIllinois as an
indenturedservant in the year 1811 in pursuance

View original image: Page  043
[missing figure]

of the act of the Legislature given in evidence in
this case for a period not yet expired and that
she came into this state without the consent of
the person claiming her services in IllinoisIllinois and
that the defendant exercised no authority over
her in this state except what was necessary to
remove her into IllinoisIllinois for the person claiming
her services there they must find for the Defendant
The court also instructed the Jury that the copy of
the Record of registry given in evidence in this
case establishes the agreement on the part of
the plaintiff to serve WilliamWilliam Morrison MorrisonWilliam Morrison for
the period in that copy mentioned in pursuance
of the law of the Territory of IllinoisIllinois

The Jury having found a verdict for the plaintiff
the defendant moved the Court to set aside the
verdict and grant a new trial for the follow
-ing reasons

1st Because the verdict is against the evidence

2nd Because the verdict is without evidence

3rd Because the verdict is against law

4th Because the verdict is against the instruc
-tions of the Court

Which motion for a new trial was by the
Court overruled To which opinion of the Court
in overruling the said motion for a new trial
the defendants by his counsel excepts and prays
the Court to sign and seal this his bill of Ex-
ecptions and that the same may be made part
of the record which is done

[missing figure]

L E LawlessL E Lawless

View original image: Page  044
[missing figure]

That if the Jury belive from the evidence that the plff
in this case was registered in the Territory of IllinoisIllinois as
an Indentured servant in the year 1811 in pursuance
of the Act of the Legislature given in evidence in this case
for a period not yet expired and that she came
into this state without the consent of the person
claiming her services in IllinoisIllinois and that the defend
ant excercised no authority over her in this state except
what was necessary to remove her into IllinoisIllinois to serve and the they
must find for the Defendant.

View original image: Page  045
[missing figure]

That the copy of the record of Registry given in
evidence in this case establishes the agreement
on the part of DunkyDunky to serve WilliamWilliam Mor-
risonfor the period in that copy mentioned
in pursuance of the law of the Territory of
IllinoisIllinois

View original image: Page  046
[missing figure]

That if the Jury believe from the evidence that the plaintiff in
this case was registered in the Territory of Illiniois as an In
dentured servant in the year 1811 in pursuance of the act
of the Legislature given in evidence in this case for a period
not yet expired and that she came into this state with-
out the consent of the person claiming her services in
IllinoisIllinois and that the defendant exercised no authority
over her in this state except what was necessary to remove
her into IllinoisIllinois for the person claiming her ser-
vices then they must find for the Defendant.

View original image: Page  047
[missing figure]

1

2.75

6

9.74

View original image: Page  048
[missing figure]

We the Jurors find for the plaintiff

BenjnLaedhead
foreman

Damage $ 1.00