Samuel, a man of color vs. John Howdershell
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A list of the taxable property of CharlesCharles [ HarrymanHarryman ] Dec given
in by himself for taxes in 1833. taken off the return Book
of the said year

160 acres land being of N W 28.54.17 to Soloman

160 29.56.17 to Stephen Shaw

160 N E 12.54.20 to JohnJohn Howdershell [ John HowdershellHowdeshell ]

4 Slaves - 2 Horses - 8 head of Cattle. all of which
is certified by the said for the said year of 1833.

given under my hand on this 19th day of August 1837.

EdwardBG clerk

N E. 3. 54N. 23. West to Green - Circuit C. (A)
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"A"

of
&
of appraise bill

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The petition of SamuelSamuel otherwise called
Sam (a man of Color) to the Honorable SaintCircuit Court
Louis Circuit CourtCircuit Court

Your petitioner respectfully represents
to this honorable Court that he is now held
in Slavery by JohnJohn Howdershell [ John HowdershellHowdeshell ] of the said
county of St LouisSt Louis and your petitioner further
represents that about eight or ten years ago (your petitioner does not remember the
exact time) he was carried from the StateMissouri
of MissouriMissouri into the State ofIllinois IllinoisIllinois by an
AndrewAndrew [ Herriman ] to whom your petitioner
then belonged and under whom the aforesaid
JohnJohn Howdershell [ John HowdershellHowdeshell ] claims and was there
held in slavery for the space of about eight
or nine months to and in violation
of the act of CongressCongress entitled "An Ordinance
for the government of the territory of the UnitedUnited States
StatesUnited States North West of the river OhioOhio"
passed July 13. 1987. and of the Constitution
of the State ofIllinois IllinoisIllinois your petitioner
was from of let against his will to the StateMissouri
of MissouriMissouri by the said AndrewAndrew [ Herriman ]
and was there by him held in slavery for
about two years and half and then your petitioner
was again carried into the State ofIllinois
IllinoisIllinois by the said [ Herriman ] and there by
him held in slavery again contrary to the
provisions of the said act of CongressCongress and
of the constitution of the State ofIllinois IllinoisIllinois for
about ten months and then carried back
again into the State of MissouriMissouri by the said
[ Herriman ] where he has been held in

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Slavery ever since and has since that time
come into the possession of the said JohnJohn Howdershell
[ John HowdershellHowdeshell ]

And your Petitioner represents
that by reason of the transactions above
represented your petitioner has become
and is now entitled to his freedom and
is a free man and your petitioner respectfully
prays this Honorable court to
grant him permission to sue as a poor
person in order to establish his right
to freedom and to assign him counsel
for his assistance in that behalf.
And your petitioner will ever pray &

Sam, orSamuelSamuel his mark

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State of MissouriMissouri
County of St LouisCounty of St Louis
SS.

SamuelSamuel otherwise called Sam being
duly sworn on his oath says that he
[ verrily ] believes he will be immediately
removed out of the jurisdiction of the
St Louis Circuit CourtCircuit Court by JohnJohn Howdershell
[ John HowdershellHowdeshell ] upon the institution of the
proceedings which he intends to institute
in that court against the said
[ Howdeshell ] in order to establish his
right to freedom unless the count shall
cause this affiant to be brought up
before the court and taken out of
the of the said JohnJohn Howdershell [ John HowdershellHowdeshell ]
or the said [ Howdeshell ] be required
to give security that he be not removed from the jurisdiction
of the count

SamuelSamuel his mark

Sworn and subscribed to before me this 20 of November AD. 1843.

Alphonse
Justice of the peace

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State of MissouriMissouri
Courts of St LouisCircuit Court

above way
as a poor person to establish his
right to freedom and AndrewAndrew BeattyBeatty
Esquire & LKarrEsquire are assigned as
his counsel. It is further that
SamuelSamuel have reasonable liberty
to attend his counsel & the court
way require ; that he be not removed out of the
jurisdiction of the Court and that he be not
subjected to any severity on account of apply
action for freedom

St LouisSt Louis20 Dec 1843

BryanBryan Mullanphy MullanphyBryan Mullanphy
judge

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The State of MissouriMissouri

to WilliamWilliam Sheriff of
the county of St LouisSt Louis - greetings
you are hereby ordered to seize
the within named affiant & petitioner
SamuelSamuel wherever he may be
and bring him before
our judge of the
Eighth Circuit ofCircuit Court
MissouriCircuit Court on Thursday 23
November AD 1843 at this
Sheriff office in the county of
St LouisSt Louis in the city of St LouisSt Louis
at half past three o'clock P.M.
and any claimant of
his person, or any body in whose
he may be found
to appear at the said
& place & have you
then there this as
the hand of our said judge
at ChambersChambers this 20th Nov

BryanBryan Mullanphy MullanphyBryan Mullanphy
or to judge
of

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In obedience to the above order I did on the
23 November 1843 seize the boy SamuelSamuel being
the same named in the above order and had his
Body before the Judge of the Circuit CourtCircuit Court at his ChambersChambers
on the day & named in the above order & and summons
JohnJohn Howdershell [ John HowdershellHowdeshell ]
of the aforesaid By to appear before the Judge aforesaid
at his chamber at the sheriff office an the 23rd November 1843

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In the St LouisCircuit Court
Circuit CourtCircuit Court
April Term 1844

State of MissouriMissouri
County of St LouisCounty of St Louis
sct
SamuelSamuel

otherwise called Sam (a man of colour)
complains of JohnJohn Howdershell [ John HowdershellHowdeshell ] in custody
& of a plea of trespass

For that the defendant on the first day of January 1843 with force and
arms the plaintiff to wit
at the county of St LouisSt Louis aforesaid
and then and then beat bruised and
ill - treated him and then and there imprisoned
him and kept and detained
him in prison there for a long time to wit
for the space of six months there next
following contrary to the laws of the
state and against the will of the plaintiff.
And other wrongs to the said plaintiff
then and their did, against the
peace and dignity of the state and
to the damage of the plaintiff of one thousand
dollars. And the plaintiff avers
that before and at the time of committing
the said grievances he was and still
is a free person and that the defendant
held and still holds him in slavery,
wherefore the plaintiff brings his suit &

A
& BeattyL JCarr
counsel
for plaintiff

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SamuelSamuel otherwise
called Sam
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

Declaration in
Trespass

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County of St. LouisCounty of St Louis, ss
The State Of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting:

We command you to Summon, JohnJohn Howdershell [ John HowdershellHowdeshell ]
if he be found in your County that he be me
appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the next 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 third Monday
of April next, then and there to answer unto SamuelSamuel
(a man of color of a plea of trespass
to the damage of said plaintiff One thousand
dollars: And have you then there this writ.

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Witness, John RulandJohn Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. LouisSt Louis, this twentieth day ofNovember in the year of our Lord eighteen hundred and forty three

John RulandJohn Ruland Clerk.

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I acknowledge myself bound for all costs that may accrue in the above cause.

Witness my hand and seal, at St. LouisSt Louis, this day of 184

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Plea filed BK 15 3. Plea filed BK 15 . 30. for Deft July 12th 1845
16 p23
for new trial filed 16p 23. 16 p 23. Mo overruled16 p 32 appeal filed16 p 34.
Mo for appeal filed16p 39. Appeal refused 16p59. Bill of Exceptionsfiled16p 132.

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No 6

In Louis Circuit CourtCircuit Court
April Term 1844

SamuelSamuel (a man of color)
Summons
JohnJohn Howdershell [ John HowdershellHowdeshell ]Trespass


CarrCarr BeattyBeatty p.q.

filed November 20th 1843

John RulandJohn Ruland Clk

The order of the Judge
allowing the plff to sue
must be served at the
same time with the
writ the order is within

79
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Executed this writ inthe
Countyof Louis on the 23rd November
1843 By offering to read & the petition to JohnJohn Howdershell
[ John HowdershellHowdeshell ] the within defendant which
he refused to hear and also by reading to said defendant
at the same time the order of the Judge which to

fees $ 1.00

fees of service
of the order & the
Judge & 2.00

$ 3.00

WilliamMilburneShff
By DanielDaniel Murphy MurphyDaniel Murphy Depty

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at half past 3 O Clock P.M.

William MilburnWilliam Milburn Sheriff
By DanielDaniel Murphy MurphyDaniel Murphy Dpty

fees $ 2.00

State of MissouriMissouri
County of St LouisCounty of St Louis
ss

JohnJohn Howdershell [ John HowdershellHowdeshell ] having declined to enter into the
required under unable persons held
in slavery to sue for their freedom, appeared 27 Jan 1835 As
is ordered colored boy SamuelSamuel to
advantage during his of the suit & take bond from
him as required by 8th between same him to goal witness
hand or this 23d Nov 1843. BryanBryan Mullanphy MullanphyBryan Mullanphy

Judge 8th of

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Know all men by these presents that
we WalterWalter CarrCarr . as principal and HenryHenry . J.
Childs as surety are held and firmly bound unto
The State of MissouriMissouri in the just and full sum of
Six Hundred and Fifty Dollars, lawful money
of the United StatesUnited States, to the payment whereof
well and truly to be made, we bind ourselves
our heirs executors and administrators, jointly
and severally firmly by these presents, sealed
with our seals and dated this Thirtieth day of November in the year of our Lord one Thousand eight Hundred and forty three.

The Condition of the above obligation, is such
that whereas, on the twentieth day of November A D 1843. a suit was instituted in the St LouisSt Louis Circuit
court for the County of St LouisCounty of St Louis, Mo in favor of SamuelSamuel
(a man of color) against JohnJohn Howdershell [ John HowdershellHowdeshell ] for
Freedom and on the twenty third day of November 1843 and order was made by the judge of said
St Louis Circuit CourtCircuit Court , ordering and directing
the Sheriff of St LouisSt Louis county to hire the said
SamuelSamuel to the best advantage during the pendency of said suit, and, whereas the said
Sheriff has hired the said SamuelSamuel to the said
WalterWalter CarrCarr during the pendency of said suit
at the price and sum of Twenty five cents per
month; Now therefore if the said WalterWalter CarrCarr
shall during the pendency of said suit permit
the said SamuelSamuel to have reasonable liberty to
attend his counsel and the court that the
said SamuelSamuel shall not be removed out
of the Jurisdiction of the said St Louis CircuitCircuit Court
CourtCircuit Court and that he shall not be subjected to
to any severity on account of his application
for freedom, and further conditioned that

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the said hirer shall pay the hire to the
Sheriff and return the said SamuelSamuel
at the termination of said suit to the said
Sheriff. Then the foregoing obligation
shall be absolutely null and void
otherwise it shall remain in full force
and virtue

Witness L J Carr.

W C CarrCarr

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H J Chiles

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State of MissouriMissouri
County of St LouisCounty of St Louis
ss

The Bond
for the Boy Sam, a coloured man,
shall be taken in the sum of six hundred
and fifty Dollars- &
the same may be filed in
the papers of the cause of
Sam vs JohnJohn Howdershell [ John HowdershellHowdeshell ]
in the Circuit CourtsCircuit Court
at , Nov 29- 1843-

By our willBryan MullanphyBryan Mullanphy
Judge 8th Judge in
of Mo.

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Sam of color
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

In the St Louis Circuit CourtCircuit Court
April Term 1844

And the said defendant J
[ Howdeshell ] and his attorney and
defends the force and injury
to and any that he is not guilty
of the said several Trespasses
land to his charge nor any or
them in man nor and 4
said plaintiff hath arm thereof
against him and
of this he puts
the

And the plaintiff does the same

[ Beaty ] & CarrCarr
Attys for plff

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No 6 apl T. 1844

Sam (of Color)
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

Plea not guilty

Filed April 16th 1844.

John RulandJohn Ruland Clerk.

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The state of MissouriMissouri
County of Saint LouisCounty of Saint Louis
In the circuit
court of said county
at April term 1844

JohnJohn Howdershell [ John HowdershellHowdeshell ]

SamuelSamuel (a man of color
Trespass an case

And the said defendant
by attorney and defends the
wrong and injury when & And
says he is not guilty of the several
Trespasses in said plaintiff's declaration
mentioned or any or either of then in form as the same are
thereof Complained against
him and of this he to himself
upon the [ Country ] &

Blumenhafett & Knott
Atty for defendant

And the plaintiff does the same

[ Beaty ] & CarrCarr
Attys for plff

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No 6

In the St Louis CircuitCircuit Court
CourtCircuit Court at April term 1844

JohnJohn Howdershell [ John HowdershellHowdeshell ] shell

plea
SamuelSamuel (a man of Color

Filed May 9th 1844.

John RulandJohn Ruland Clerk.

15p30.
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SamuelSamuel a man of color
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]

In the St LouisCircuit Court
Circuit CourtCircuit Court

Take notice that on the thirteenth day
of August 1844 between the hours of eight
O'clock in the forenoon and six O'clock in
the afternoon of that day at the court house
in Nashville County of WashingtonCounty of Washington StateIllinois
of IllinoisIllinois depositions will be taken to
be read on the trial of the above entitled
case on behalf of plaintiff and that the
taking of said depositions if not completed
on that day will be continued from day to day
at the same place and between the same hours
until completed

To the above named JohnJohn Howdershell [ John HowdershellHowdershell ]

A Beatty
Atty for pltf

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Served the within notice in the County of Saint LouisCounty of Saint Louis
on the 1st day of August 1844 by delivering a true Copy of
the same to JohnJohn Howdershell [ John HowdershellHowdershell ] the within [ name ] defendant

fee $ 0.50

William Milburne Shff
By B S. Garland Depty

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County Of St. LouisSt Louis, SS.
The State Of MissouriMissouri,

To any Judge, Justice of the Peace, or other Judicial Officer of
IllinoisIllinois Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit CourtCircuit Court for the County of St LouisCounty of St Louis, in the State of MissouriMissouri, wherein
SamuelSamuel a man of color is
plaintiff, and -
JohnJohn Howdershell [ John HowdershellHowdershell ] is- defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said SamuelSamuel his -

Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. when
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be produced
or proven, or be referred to by the witness, you are to describe the same in his examination,
or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more convenient,
such authentication and proof of your official character may be made by the certificate
and seal of the clerk of any court of record of any county of the State, District or Territory
in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, carefully
closed up and under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for the
county of St. LouisSt Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon,
with all convenient speed.

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Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the city of St. LouisSt Louis, this first day ofAugust in the year of our Lord one thousand eight hundred and forty four

John RulandJohn Ruland Clerk C.C.
By . D.C.

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Opened & filed 15th Augt. 1844Jn. RulandJohn Ruland Clerk

SamuelSamuel (of color)
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

Deps. for Plff

Costs

by Pltffsatty

$ 10.50
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Depositions of witnesses produced. Sworn
and examined at Nashville in the County ofCounty of Washington
WashingtonCounty of Washington and State of IllinoisIllinois before me the undersigned
Isaac ParlierIsaac Parlier Justice of the Peace (for said
County of WashingtonCounty of Washington,) in a certain cause now pending
in the Circuit CourtCircuit Court for the County of St LouisCounty of St Louis
and State of MissouriMissouri, between SamuelSamuel a man
of color and John [ Howderdshell ] plaintiff and
John [ Howerdshell ] defendant on the part of
the plaintiff

David W Nelson of Lawful age being,
sworn and examined on the part of the Plaintiff
deposeth and saith-

A boy (SamuelSamuel ) AndrewAndrew JJames Harryman [ James HarrymanHerryman ] brought to
this County I think as well as my Memoryservesme
in 1830 - A.JA J Herryman . [ A J HerrymanHerryman ] brought said boy here in
the summer and took him away the next year
A.JA J Herryman .[ A J HerrymanHerryman ] brought boy (SamuelSamuel )back in 1835 (I think)
- Sometime in 1836 A.JA J Herryman .[ A J HerrymanHerryman ] man took said boy
away again - said boy (SamuelSamuel ) was by [ HerrymanHerryman ]
treated as a slave whilst here (as well as my
memoryserves me) [ HerrymanHerryman ]hired said boy
out to WilliamWilliam Middleton in the CountyCounty of Washington of WashingtonCounty of Washington
IllinoisIllinois Said boy was at all times at A.JA J Herryman . [ A J HerrymanHerryman ] disposal to the best of my recollection
[ HerrymanHerryman ] claimed said boy as his slave- never
heard that the boy was claimed by [ any body ] else
John and Charles[ Herryman ] brothers of A.JA J Herryman .[ A J HerrymanHerryman ]were living in the county of WashingtonWashington IllinoisIllinois
I have seen said boy at both the Houses of John
and Charles [ Herryman ]- [ herd ]A.JA J Herryman .[ A J HerrymanHerryman ] state
that he would had offered the boy (SamuelSamuel ) one
Hundred Dollars if he (SamuelSamuel ) would let[ HerrymanHerryman ]
sell him - this statement was made before [ HerrymanHerryman ]
said he had sold the boy- A.JA J Herryman .[ A J HerrymanHerryman ] said

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he hated to sell the boy (SamuelSamuel ) he had been with
him so long - when the boy was first brought here
by [ HerrymanHerryman ] the boy was about 12 or 14 years of age-
The boy was of black color- the boy was neither
very short or heavy made nor very slender but rather
of common State- I have never seen said
boy since he was taken from here the last time

Cross Examined

AndrewAndrew JJames Harryman [ James HarrymanHerryman ] and myself were both living
in this County ( WashingtonWashington, IllinoisIllinois) where the
boy was first broughtduring his first stay- I lived
about 2 1/2 miles from him during his first stay
in this State- A JA J Herryman [ A J HerrymanHerryman ] and his brother JamesJames
came on a visit in 1830- brought said boy SamuelSamuel
with them- they went away the next year
after warm weather was here some 10 or 12 months -
The winter succeeding their arrival in 1830 some time in January. I think the [ Herrymans ]tried
to take the boy SamuelSamuel to MissouriMissouri but failed I
think on account of the river being impossible
I think the [ Herrymans ] came here fist in [ august ] 1830-
I think the boy was with them all the
time they were here- I do not know whether
the [ Herrymans ]and the boy was in MissouriMissouri during
their first stay in IllinoisIllinois, A.JA J Herryman .[ A J HerrymanHerryman ] I think
obtained no permanent residence on his first
stay but rather was here as a transitory visitor-
the [ Herrymans ] returned with the boy in the latter
part of October 1835- they left the succeeding
year in the spring or summer- they had the
same boy with them on their second visit that
they had on their first- the boy was hired out to
WilliamWilliam Middleton at cash two weeks- I do
not know whether the boy was ever taken to
MissouriMissouri until May or June 1836 when [ HerrymanHerryman ]
took him there to hire out- I do not know

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this boy SamuelSamuel whom I have spoken
is the same who has nowentered suit for his
freedom- I know nothing about this boy SamuelSamuel
since he left this State in 1836- I do not know
that A.JA J Herryman . [ A J HerrymanHerryman's ] mother ever claimed the
boy- A JA J Herryman [ A J HerrymanHerryman's ] mother said he was property given him by his father- [ HerrymanHerryman ] ought
not to sell the boy, he was property given him
by his father, I only know from what A JA J Herryman [ A J HerrymanHerryman ]
said that he [ HerrymanHerryman ] sold the boy
for $ 900.

Examined again

I think A.JA J Herryman . [ A J HerrymanHerryman ][ staid ] with his
brother CharlesCharles the most of his time when
his first visit home- A.JA J Herryman . [ A J HerrymanHerryman's ] mother
resided in this County during A.J. [ Herrymans ]
last stay but not when on his first visit
I do not know of A.J. [ Herrymans ] mother objecting
to the negro boys staying there- A.JA J Herryman . [ A J HerrymanHerryman ] said
when he came here the second time that he
came on a visit but he purchased land and
remained

Cross Examined again

AndrewAndrew JJames Harryman [ James HarrymanHerryman ]when he came the Second time to
this county for a time resided with his father in law
and I think purchased land during the fall or winter
and lived on the land before [ april ] following -

I resided from A JA J Herryman [ A J HerrymanHerryman ] about the same
the second time he came that I did when he first
came

David M. Nelson

I IsaacIsaac Parlier ParlierIsaac Parlier an acting Justice of the
in and for the County of WashingtonCounty of Washington IllinoisIllinois
do hereby certify that David M Nelson the deponent
whose place of Residence is in the County ofCounty of Washington WashingtonCounty of Washington
and State of IllinoisIllinois was by me sworn
to testify the whole truth of his knowledge
the matter in controversy in the cause aforesaid

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and that this deposition was reduced to
writing and subscribed by him in my presence
on the day13th day of August AD 1844 between
the hours of 8 o clock in the forenoon and
6 o clock in the afternoon at Nashville in the
County of WashingtonCounty of Washington and State of IllinoisIllinois
Sworn undermy hand and seal this 13th day
of August A DAugust Chouteau 1844

IsaacIsaac Parlier ParlierIsaac Parlier

[missing figure]

On the part of the plaintiff B.M. Cox
of Lawful age bring sworn and examined
deposeth and saith AndrewAndrew JJames Harryman [ James HarrymanHerryman ]
came to this County in the fall of 1830 or 1831
I think in 1830, remained until the fall of
1832, then went off and [ staid ] from here two
or three years when he moved back and
remained here in this County ever since
AndrewAndrew JJames Harryman [ James HarrymanHerryman ] had a negro boy with
him whom he called Sam which boy came
with him on his first arrival and remained
with him generally during [ Herryman's ]
first stay when A.JA J Herryman . [ A J HerrymanHerryman ] returned
here the second time the boy Sam was with
him the boy remained here generally with
[ HerrymanHerryman ] until the year 1836 or the year 1837
[ HerrymanHerryman ] treated took said boy as his slave and
said the boy was his, the boy was in [ Herryman's ]
employ[ HerrymanHerryman ] was engaged in no
particular business was racing with and
to tradehorses The second time [ HerrymanHerryman ]
came here I think he farmed a little I think
the boy was engaged on the farm and about it
I never heard any one claim this negro boy
besides[ HerrymanHerryman. ] I knew [ Herrymans ] mother

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She did not live in this County at the time
[ HerrymanHerryman ] first came here I do not know
whether [ Herryman's ] mother lived in the County
when[ HerrymanHerryman ] came here the second time
I think John[ Herryman's ] mother was here whilst
the boy was with AA J Herryman JA J Herryman [ A J HerrymanHerryman ]; and am
sure A.JA J Herryman . [ A J HerrymanHerryman's ] father was there once during
the negro boy's stay with A JA J Herryman . [ A J HerrymanHerryman ], The
father of A.JA J Herryman .[ A J HerrymanHerryman ] set up no claim to said
boy that I know of do not know for certain
that A JA J Herryman [ A J HerrymanHerryman's ] father knew that the boy
was here though he and the boy [ staid ] in the
same neighborhood. I never heard of A JA J Herryman [ A J HerrymanHerryman's ]
mother set up any claim to the boy
when the boy first came here I think he was
about, 14 years of age judging from his appearance
he was the only black boy [ HerrymanHerryman ] had
with him whilst here to my knowledge

B.M. Cox Cross examiner

I think AA J Herryman JA J Herryman [ A J HerrymanHerryman ] came here in the
summer or fall of 1830 I did not know A JA J Herryman
[ A J HerrymanHerryman ] or this boy before they came to this
County. [ Herryman ] was in and out of this County
but generally in this County as I believe, it is my
impression that the boy was with [ HerrymanHerryman ]
at times in the during his first stay
[ HerrymanHerryman ]whilst here the first time
stated generally with his brother CharlesCharles , and
father in law and employed this boy about his
horses. I did not see [ HerrymanHerryman ] or the boy after
he left until he returned the second time
and the witness being asked this question, to wit
did you learn from Mr[ HerrymanHerryman ] whether he

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[missing figure]
resided in MissouriMissouri during his absence from here
between his first and second coming to this State
to which the plaintiff by his counsel objected
replied [ HerrymanHerryman ] told me he lived in MissouriMissouri
I do not know of [ HerrymanHerryman ] making any purchase
of land or attaining any permanent home
(here during his first stay). When [ HerrymanHerryman ]
came the second time to this County he said
he came to stay I think [ HerrymanHerryman ] did not send
the boy back immediately after purchasing
the land, I think was in the year of 1836 or 1837
that [ HerrymanHerryman ] disposed of the boy I lived about
one and a half or two miles from [ Herryman's ]
farm that he purchased. I think [ HerrymanHerryman ] went
on his farm in the fall HarrymanHarryman disposed of
the boy after he went on his farm. I can't
say how long after going to his farm [ HerrymanHerryman ]
disposed of the boy

Examined in Chief
My impression that the boy was in MissouriMissouri
with[ HerrymanHerryman ] was derived from what MrHarrymanHarryman
told me

Cross Examined

Witness does not know that the boy who is
now suing for for his freedom is the same
one that was here with [ HerrymanHerryman ] and
has not seen him to know him since [ HerrymanHerryman ]
disposed of him

B.M.Cox

I IsaacIsaac Parlier ParlierIsaac Parlier an acting Justice
of the peace of the County of WashingtonCounty of Washington
& state of IllinoisIllinois do hereby certify that
B.M.Cox the deponent whose place
of residence is Clinton County and

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[missing figure]

State ofIllinois IllinoisIllinois was by me sworn to
testify the whole truth of his knowledge
touching the matter in controversy
in the cause aforesaid and that
his deposition was reduced to
writing and subscribed by him in
my presence on the 13th day of august A D 1840 between the hours of
8 o'clock in the forenoon and 6 o'clock
in the afternoon of the Court House
in Nashville in the county of WashingtonWashington
and StateIllinois ofIllinois IllinoisIllinois
Given under my hand and
this 13th day of aug A.D. 1844

IsaacIsaac Parlier ParlierIsaac Parlier

BenajahBenajah Morgan MorganBenajah Morgan being of lawful age
being sworn and examined on the part
of the plaintiff deposeth and saith -

I do not know inwhat year
AA J Herryman . JA J Herryman . [ A J HerrymanHerryman ] came to this county but
I think it was about 12 or 14 years ago
I think he was here about one year
he went away and [ staid ] about one
or two years [ wont ] say [ positive ] he
has been living here ever since he
returned the second time. When he was
here the first time there was a negro
boy with him whom he called Sam
[ HerrymanHerryman ] ordered theboy about I
[ herd ][ HerrymanHerryman ]say the boy was his - the
boy took care of horses for [ HerrymanHerryman ]
Ido not know how long the boy was with
HerrymanHerryman the second time. I know A JA J Herryman [ A J HerrymanHerryman's ]
mother - I never[ herd ] her claim the

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[missing figure]
negro I never[ herd her ] of him
Cross Examination
[ HerrymanHerryman ] was engageddoingin
no particular businessduring his
first stay as I know of - was racing
Horses - I dont know that he obtained
any permanentResidenceduring
his first stay When [ HerrymanHerryman ], returned
the second time, the the same boy was with him
as I believe boy was about 12 years
old I have seen the boy in [ Herryman's ]
possession after he went to his farm
as I believe Cannot say how long he
remained in his possession have not
seen the boy since he went out of his
possession I do not know this boy
to be the same who has suedfor his
freedom.

BenajahBenajah Morgan MorganBenajah Morgan

I Isaac ParlierIsaac Parlier an acting Justice of the Peace
in and for the County of WashingtonCounty of Washington and StateIllinois
of IllinoisIllinois: do hereby certify that BenajahBenajah Morgan -
MorganBenajah Morgan the deponent whose place of residence
is in Clinton County and State ofIllinois IllinoisIllinois
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy
in the Cause aforesaid and that
his deposition was reduced to writing and
subscribed by him in my presence on the 13th day of August AD 1844 between
of 8 o'clock in the forenoon and 6 o'clock
in the afternoon at the Court Housein Nashville
in the County of WashingtonCounty of Washington and state

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[missing figure]

Of IllinoisIllinois

Given under my hand and
seal this this13th day of Aug AD 1844

Isaac ParlierIsaac Parlier

[missing figure]
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[missing figure]

State of IllinoisIllinois

Witness fees
D.M. Nelson 50
B.M. Cox 2.50
B Morgon 2.50
â
5.50
Justice fees 5.00
â
$ 10.50

The above fees were paid by the plaintiffs
Attorney

Isaac ParlierIsaac Parlier J.P.

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[missing figure]

State of IllinoisIllinois
Washington CountyWashington County
ss.

I Thomas H Calloway
Clerk of the County Commissioners Court
for the County of WashingtonCounty of Washington aforesaid
do certify that Isaac ParlierIsaac Parlier is an
acting Justice of the Peace for said
County of WashingtonCounty of Washington regularly commissioned
and qualified and as such
full faith and credit are due to
all his official acts

[missing figure]

Given under my hand and the
seal of said Court this 13th day of August AD 1844

Thos H Calloway Clk

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[missing figure]

Sam (a man of color)
vs
John [ Howdershall ]

St Louis Circuit CourtCircuit Court

Take notice that on the fifteenth day of January in the year of our Lord one thousand eight hundred and forty five between the hours of
eight in the forenoon and six in the afternoon
of that day at the office of Levi I CarrCarr Esquire
in the city of St LouisSt Louis State of MissouriMissouri depositions
will be taken by the undersigned to be
read on the trial of the above entitled case on
behalf of the plaintiff and that the takings of
said depositions if not completed on that
day will be continued from day to day until
at the same place and between the same hours
until completed

To the above named
JohnJohn Howdershell [ John HowdershellHowdershell ]
Rec'd copy 7th July 1845

CarrCarr & BeattyBeatty
Attys for pltff
HudsonHudson atty for
deft

Serve notice on the above
to the Defendant
July 1845

Blumenhafett
Defts atty

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[missing figure]

Depositions of witnesses produced, sworn and examined at
the offices of LeviI. CarrCarr Esq, in the , D
to be read in and in a suit pending in the
St Louis Circuit CourtCircuit Court , for St Louis County in the
State of MissouriMissouri, wherein SamuelSamuel (a free man
of color) is plaintiff and JohnJohn Howdershell [ John HowdershellHowdershell ]
is defendant on the part of the Plaintiff
â
Whereas [ HerrymanHerryman ] of lawful age being duly
sworn on behalf of the plaintiff depeseth and
saith that he is acquainted with the plaintiff in
this case he is the same now present he was raised
by my father â his family, he remained in my father's
possession until he was twelve or fourteen years old
Some time in the year 1831 or two my father made
my brother a bill of sale to the plaintiff. My father
and in the year 1833 in July or June, between the
year 1831 and 1833 the plaintiff was in the possession
of AndrewAndrew [ HerrymanHerryman ], I know the paper
hereto marked "A" is a copy from the
records of the book of Chouteau County MissouriMissouri, to this the
defendant objected. He my father owned five slaves EphraimDinah
and Pete they belonged to my father in the year 1833
my owned but three when he Ephraim
Dinah & Pete, I know that AndrewAndrew [ HarrymanHarryman ]
took the plaintiff to IllinoisIllinois twice, the firsttime
he kept the pltf five or six months in IllinoisIllinois

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[missing figure]
the next time he kept plff in IllinoisIllinois between
one & two years, AndrewAndrew [ HerrymanHerryman ] never
brought plff back but my father brought
him back the first time he was taken to IllinoisIllinois
he was brought back & AndrewAndrew [ HerrymanHerryman ]
directing my father knew of the [ plffs ] being
carried to IllinoisIllinois by my brother the second
time plff was carried to IllinoisIllinois was in 1831 or
1832. the plaintiff is the only negro that said
[ HarrymanHarryman ]ever took to IllinoisIllinois of this name with past
plaintiff

I have heard AndrewAndrew [ HerrymanHerryman ]say there
he had plaintiff in IllinoisIllinois, that I heard said
A HarrymanHarryman say he had sold plff to [ Howdershall ]
and[ HerrymanHerryman ]neverowned any negro named
Sam except the plff, Sam was born in 1820
to the above relation to the
A [ HarrymanHarryman ] the deft objected,

Cross Examined, I came here as a witness
in this case at the request of the plaintiff and his Counselors There
were nopromises made that I should recover
anything for being a witness. I am friends with
AndrewAndrew [ HarrymanHarryman ] but he is not with me
I am neitherdrunk nor sober this morning
I have taken only one shot of liquor to my
knowledge. I cannot tell how much I have
drunk this morning, I do not measure it
I cannot recollect whether I havedrunkliquor
more than once or not this morning, I am
not in the habit of getting drunk only occasionally
as I saw proper, the bill of sale
to AndrewAndrew [ HarrymanHarryman ] from myfather was made
in 1831 or 1832 to my best recollection, I do
not know of A [ Herryman ]having a mortgage
on the plff, if I were to answer in the
he never had any such mortgage

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[missing figure]

I am with Sam the plff or any other
that is with My mother
administered on my fathersestate the Estate was
able to pay its debts, I have neverreceived
anything from said Estate. My father died in
June or July in 1833. So says my I read
the will which I think is more than
never told me what he wanted me to swear
to nor have I can toldanybody what I would
swear to only that I know Sam, to be the
same boy that my brother Andyowned

And further saith not

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[missing figure]

State of MissouriMissouri
County of St LouisCounty of St Louis
ss

I, Benjamin F.M. Kenney
a Justice of the peace within and for the county aforesaid
do certify that the deponent ThomasThomas [ HarrymanHarryman ], was on
this day at the office of Levi I CarrCarr Esquire the city of St LouisSt Louis MO: by me firstsworn to testify the whole truth of his knowledge touching the matter in difference in the cause
aforesaid, and by consent of the counsel of the parties,
this examination was reduced to writing by Mr defendants
attorney, in my and afterwards
subscribed by said deponent in my presence - all of
which was done on this fifteenth day of January A.D. 1845, between the hours of eight o'clock in
forenoon and five o'clock in the afternoon of said day.
And the said deposition, with exhibt(A)
to, is now therewith returned. Given under my
hand on the day and year aforesaid.

fee $ 75 cents paid by plff atty

Benj. F.M.Kenney
Justice of the Peace
St Louis County

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[missing figure]

SamuelSamuel (A man of color)
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]
Deposition of ThomasThomas [ HarrymanHarryman ]

Opened and filed January 17th 1845

John RulandJohn Ruland Clk

fee 75 by atty CarrCarr
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[missing figure]

County of St. LouisCounty of St Louis, SS.
The State Of MissouriMissouri,

To Robert McO'Blenis & JosephJoseph Neil NeilJoseph Neil
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 21st day of January 1845 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 SamuelSamuel (of Color) is
plaintiff and John [ Howdersell ] is
defendant on the part of Plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 18th day of January in the year of our Lord one thousand eight hundred and forty-five.

John RulandJohn Ruland Clerk, C. C.

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[missing figure]

Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis January the 17th 1845 by
reading it to Joseph NeilJoseph Neil & Robt Mc O'Blenis
O the within named witnesses

fees $ 1.00

William Williamson Sheff
By James LJames L Harris HarrisJames L Harris
Depty

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[missing figure]

SamuelSamuel
vs.
JohnJohn Howdershell [ John HowdershellHowdershell ]

RobtRobert McOBlenis McOBlenisRobert McOBlenis Jos.
Neil

fee $ 1.00

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[missing figure]

County of St. LouisCounty of St Louis, SS.
The State Of MissouriMissouri,

To Robert Mc.OBlenis & JosephJoseph Neil NeilJoseph Neil
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 16th day of February 1845 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 SamuelSamuel (of color) is the
plaintiff and JohnJohn Howdershell [ John HowdershellHowdeshell ] is the
defendant on the part of the Plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 10th day of February in the year of our Lord one thousand eight hundred and forty-five.

John RulandJohn Ruland Clerk, C. C.

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[missing figure]

SamuelSamuel (of colour)
vs.
[ Howdeshell ]

RobtRobert McOBlenis McOBlenisRobert McOBlenis
Jos[ Neill ]
for plff

Executed

W Milburn Shrff

Service $ 1.00 call of witness 12th
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[missing figure]
Sam (a man of color)
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]

9thCircuit CourtCircuit Court

The plaintiff excepts to the depositions of the
defendant taken on the thirtieth of December 1844 for the following reasons. 1st. No notice of the time of taking the
depositions was given.
2nd The depositions were not taken in pursuance of the notice given

CarrCarr & BeattyBeatty Attys for pltf

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[missing figure]

Sam (a man of Color)
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]

Exceptions to depositions
of defendant

Filed July 11th 1845

JohnJohn Ruland RulandJohn Ruland Clerk

16p22
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[missing figure]

County Of St. LouisSt Louis, SS.
The State Of MissouriMissouri,

To Robert Mc OBlenis and JosephJoseph Neil NeilJoseph Neil
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 11th day of February 1845 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 SamuelSamuel (of color [ is) ]
plaintiff and JohnJohn Howdershell [ John HowdershellHowdeshell ] is
defendant on the part of the Plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 11th day of February in the year of our Lord one thousand eight hundred and forty-five

John RulandJohn Ruland Clerk, C. C.

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[missing figure]

SamuelSamuel (of Colour)
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

RobtRobert McOBlenis McOBlenisRobert McOBlenis
Jos Neil

Executed W Milburn Shrff

Service $ 1.00
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[missing figure]

given

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[missing figure]

1st. Before the jury can find for the plaintiff in this action
they must be satisfied from the evidence
that the plaintiff was taken to the state
of IllinoisIllinois & then held in service, with
the Knowledge & Consent of the person to
whom the Plaintiff then belonged -

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[missing figure]

Given

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[missing figure]

2nd That unless the jury believes from the evidence that
the person who took the plff to IllinoisIllinois &
there held him in service - did so with
the Knowledge & Consent of the owner of
the Plff, they will find for the Defendant -

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[missing figure]

SamuelSamuel (of Color)
vs

[ Howdershell ]
Instructions given
by the Court
Feb. 11. 1845

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[missing figure]

Given

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[missing figure]

To entitle the plff to freedom. The jury must be
satisfied first from the evidence that his owner
removed to the State of (carrying the
Plff with him) with the view of making that State
his place of residence occasional visits of
the owner are not sufficient to constitute
him such a resident as entitles the slave to
Freedom -

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[missing figure]

Given

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[missing figure]

Such a residence as will entitle the Pltf to freedom under the law must
be with the Knowledge & Consent of
legal owner. -

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[missing figure]

Refused

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[missing figure]

The acts & declarations

The fact that the Plaintiff lived with the
Deft for a series of years without claiming
his freedom is strong evidence
to rebut the presumption of such a residence of plff in IllinoisIllinois
as will entitlehim to a verdict -

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[missing figure]

SamuelSamuel (of color)
vs
[ Howdershell ]

Instructions asked
by Deft. & given

Feb. 11. 1845

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[missing figure]
SamuelSamuel a man of color
vs.
John HowdeshellJohn Howdershell

in suit for freedom

We the jury in the above entitled case
find the defendant not guilty of charges alleged against
him in the declaration.

AlphensSmit
Foreman

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[missing figure]

SamuelSamuel a man of color
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]
Verdict

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[missing figure]

Verdict

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[missing figure]
Sam (a man of Color)
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]

In St Louis Circuit CourtCircuit Court

The plaintiff by his attorneys comes and moves
the court to set aside the verdict and grant
a new trial in this case for the following.

Reasons.

1st The count improperly gave the instructions
asked by the defendant

2nd The Count improperly and erroneously refused
to give the instructions and each of them asked
for by the plaintiff.

3rd The count excluded proper evidence offered
by the plaintiff.

4th The count admitted improper evidence
offered by the defendant and objected to by
the plaintiff.

5th. The jury found their verdict contrary to the law & evidence

BeattyBeatty & CarrCarr Atts for Pltf.

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[missing figure]

Sam (a man of Color
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]

Motion for New Trial.

Filed July 12th 1845

Jn. RulandJohn Ruland Clerk

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[missing figure]

Opened & filed Jany 13th 1845
Jn. RulandJohn Ruland Clerk

SamuelSamuel of color
JohnJohn Howdershell [ John HowdershellHowdeshell ]
Depositions for Defendant

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[missing figure]

County Of St. LouisSt Louis, SS.
The State Of MissouriMissouri,

To any Judge, Justice of the Peace, or other Judicial Officer of the State ofIllinois IllinoisIllinois.
Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis, in the State of MissouriMissouri, wherein Sam (of color) is
plaintiff, and JohnJohn Howdershell [ John HowdershellHowdeshell ] is
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said defendant his
Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hour of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be produced
or proven, or be referred to by the witness, you are to describe the same in his examination,
or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more convenient,
such authentication and proof of your official character may be made by the certificate
and seal of the clerk of any court of record of any county of the State, District or Territory
in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, carefully
cloesd up and under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for the
county of St. LouisSt Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon,
with all convenient speed.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the city of St. LouisSt Louis, this twenty third day ofDecember in the year of our Lord one thousand eight hundred and forty four

Jn. RulandJohn Ruland Clerk C. C.

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[missing figure]
Sam of Color
vs
John

In St Louis CircuitCircuit Court
CourtCircuit Court State of MissouriMissouri

Take notice that on thirteenth the thirty first day of December in the year of our Lord one thousand eight hundred and forty five the of the in
the and seven with of that day
at the office of John WilliamsJohn Williams in the of
in the state of Illionis depositions will
be taken to read on the of the above cause
on of the said defendant, and that the
taking depositions of not on that
day will be from day to day of
the same plea and between the seven


Decr 23rd 1844 Blumenhafett HudsonHudson attys for deft

Rec'd23rd Decr 1844
a true copy of the above notice

A Beatty

Atty for Pltff
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[missing figure]

Sam of Color
vs
Houdeshed
notice to take
depositions
Blunesho filed

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[missing figure]

Depositions of a [ witnesse ] produced, sworn
and examined at my office in the County of WashingtonCounty of Washington
and State of IllinoisIllinois, before me the undersigned JohnJohn Williams
WilliamsJohn Williams a Justice of the Peace, in a certain cause
now pending in the St Louis County Circuit CourtCircuit Court
State of MissouriMissouri between, Sam. of Color plaintiff
and JohnJohn Howdershell [ John HowdershellHowdeshell ] defendant on the part of the
defendant.

Milo[ HarrymanHarryman ], of lawful age, being sworn
and examined on the part of the defendant deposeth
and saith; My Father, CharlesCharles [ HarrymanHarryman ], put
a negro boy named Sam, into the hands of AndrewAndrew of
[ HarrymanHarryman ] about the year 1830, or 1831 as a security
to him if he the aid AndrewAndrew J [ HarrymanHarryman ] should
have to pay any debt for my father for which he
was security; I never knew, or heard of his having any
such debt to pay and I have often heard the administrator, who is my Mother, say he ever had any
such debt to pay- I never saw the negro in IllinoisIllinois
I always supposed the negro boy to belong to the estate
of my Father, I lived with my Father at the time of
his death and Iheard my father say a very short time
previous to his death that AndrewAndrew need not think
that he (my father) could let him have the negro boy
Sam, that he was pretty well through his debts, and that
AndrewAndrew had not any of them to pay I have not seen
the negro Sam, since March 1835 he was then in MissouriMissouri
I do not know that he is the same negro that
has suedJohnJohn Howdershell [ John HowdershellHowdeshell ] for his freedom- I do not
know [ Howdeshell ] I consider the negro to be the property
of my father's estate

Milo

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[missing figure]

I, John WilliamsJohn Williams , a Justice of the Peace, do hereby
certify that Milo[ HarrymanHarryman ] the deponent whose place
of residence is Washington CountyWashington County and State ofIllinois IllinoisIllinois
was by me sworn to testify the whole truth of his knowledge

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[missing figure]
touching the matter in controversy in the cause aforesaid
and that his deposition was reduced to writing and subscribed
by him in my presence on the thirtieth day
of December 1844 between the hours of six o clock
in the forenoon and seven o clock in the afternoon of
the same day at my office in Washington CountyWashington County
and State of IllinoisIllinois

John WilliamsJohn Williams , a Justice of the Peace

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[missing figure]

State ofIllinois IllinoisIllinois
Washington CountyWashington County
SS.

I, Thomas H Callaway
clerk of the County Commissioners Court in and for said
County, do certify, that John WilliamWilliam whose name is subscribed
above is and was at the date of said certificate
an acting Justice of the Peace in and for said County
regularly commissioned and qualified and as such full
faith and credit are and of right ought to be given to
all his official acts.

[missing figure]
In testimony whereof I have hereunto subscribed
myname, and affixed the seal of said
Court, at Office, this 31st day of December - A. D. 1844.

Tho.H. Callaway Clk

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[missing figure]

Deposition of a witness produced, sworn
and examined at my office in the County of WashingtonCounty of Washington
and State of IllinoisIllinois before me the undersigned
John WilliamsJohn Williams a Justice of the Peace in a certain
cause now pending in the St Louis County Circuit CourtCircuit Court
State of MissouriMissouri between Sam of color, plaintiff
and JohnJohn Howdershell [ John HowdershellHowdeshell ] defendant, on the part of the
defendant

LydiaLydia Harryman [ Lydia HarrymanHarryman ] of lawful age being sworn
and examined on the part of the defendant, deposeth
and saith. My husband died in MissouriMissouri in the
year 1833, I am administratrix of his estate- previous
to his death there was a negro boy named Sam, belonging
to my husband that was put into the hands of
AndrewAndrew J. [ HarrymanHarryman ]- the reason why the negro boy
was put into his hands was that my husband was owing
certain individuals, and AndrewAndrew J. [ HarrymanHarryman ] was his
security; and if he had to pay any of the debts for
which he was bound as security then the said negro
boy was to become the property of him the said AndrewAndrew
J.HarrymanHarryman , and if he had not any such debts to
pay then the negro boy was to revert to my husband
He never had to pay any debt or any part thereof
for my husband to my certain knowledge. Sometime
previous to the death of my husband JamesJames Harryman [ James HarrymanHarryman ]
and AndrewAndrew J. [ HarrymanHarryman ], then being in the StateMissouri
of MissouriMissouri stated to visit their relations living
in the State of IllinoisIllinois, taking the negro boy Sam
with them, and afterwards my husband went and got
the negro boy and brought him home to Chariton
County MissouriMissouri where he then lived, and set him to
work; and he was not considered by my husband to
be the property of any body but my husbands unless
AndrewAndrew J. [ HarrymanHarryman ] should have to pay the debt or
debts before mentioned all the debts, claims, and

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demands that have ever been presented against
the estate have been paid and there is no demand
against the estate to my knowledge. The negro never
was set apart by me as the property of AndrewAndrew
J. [ HarrymanHarryman ], nor otherwise given, or sold to him, otherwise
than as above stated, and I never [ reckognised ]
his right to said negro. I do not know that he is the
same person who has suedJohnJohn Howdershell [ John HowdershellHowdeshell ] I do
not know [ Howdeshell ].

LydiaLydia Harryman [ Lydia HarrymanHarryman ]
her mark

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I, John WilliamsJohn Williams a Justice of the Peace
do hereby certify that LydiaLydia Harryman [ Lydia HarrymanHarryman ], the deponent
whose place of residence is Washington CountyWashington County, StateIllinois
of IllinoisIllinois, was by me sworn to testify the whole truth
of her knowledge touching the matter in controversy
in the cause aforesaid; and that her deposition was
reduced to writing, and subscribed by her in my presence
on the Thirtieth day of December 1844 between the
hours of six o clock in the forenoon, and seven o clock
in the afternoon of the same day, at my office in WashingtonWashington County CountyWashington County and State of IllinoisIllinois

John WilliamsJohn Williams , a Justice of the Peace

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Depositions of witnesses, produced, sworn,
and examined at my office in the County of WashingtonCounty of Washington
and State of IllinoisIllinois, before me the
undersigned, John WilliamsJohn Williams a Justice of the Peace
in a certain cause now pending in the St Louis
County Circuit CourtCircuit Court , State of MissouriMissouri between
Sam, of color, plaintiff, and JohnJohn Howdershell [ John HowdershellHowdeshell ]
defendant, on the part of the defendant.

JamesJames Harryman [ James HarrymanHarryman ] of lawful age, being sworn
and examined on the part of the defendant deposeth
and saith: There was a negro boy belonging to the
estate of my father CharlesCharles [ HarrymanHarryman ], named
Sam, about the age of thirteen or fourteen
years
of age that was in [ washington ] County IllinoisIllinois in
the winter of 1835 that was at that time in the
possession of myself and AndrewAndrew J. [ HarrymanHarryman ]
that the said negro boy was before that time delivered
to AndrewAndrew J. [ HarrymanHarryman ], by my father as a
security to indemnifyhim in case he should
be compelled to pay any debts of my father
for which he was security. I do not know whether
AndrewAndrew J. [ HarrymanHarryman ] had a bill of sale on said
negro boy or not and that to my certain knowledge
AndrewAndrew J. [ HarrymanHarryman ] never had any debt to
pay for my father for which he was security.
The reason why I know it is, that my Mother was
administratrix of the estate of my Father, and that
I was duly appointed by her, by power of attorney
to settle up the said estate, that I did settle up the
estate and AndrewAndrew J. [ HarrymanHarryman ] had no debt to
pay for my Father and after the estate was settled
I got the said negro boy
from AndrewAndrew J. [ HarrymanHarryman ] which was in February
of 1836, and took the said negro boy to St LouisSt Louis, with
the intention of taking him down the River to sell
him- that AndrewAndrew J. [ HarrymanHarryman ] was at that time

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in Washington CountyWashington County IllinoisIllinois on a visit, and he
went with me to St LouisSt Louis at the time I started with
said negro boy and that after we got to St LouisSt Louis I concluded
not to sell said negro boy, and left himwith
AndrewAndrew J. [ HarrymanHarryman ] to be hired out to labor by him
I never have seen said negro boy since that time, and
I do not know that the man of color named Sam who
has sued John [ Houdeshell ] for his freedom is the same
negro that I left with AndrewAndrew J. [ HarrymanHarryman ], I do not
know [ Houdeshell ]

JamesJames Harryman [ James HarrymanHarryman ]

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I, John WilliamsJohn Williams a Justice of the Peace; do hereby certify
that JamesJames Harryman [ James HarrymanHarryman ], the deponent whose place of residence
is Washington CountyWashington County in the State of IllinoisIllinois
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy in the cause
aforesaid, and that his deposition was reduced to
writing, and subscribed by him in my presence
on the 30th December 1844 between the hours
of six oclock in the forenoon and seven oclock
in the afternoon of the same day at my office in
Washington CountyWashington County in the State of IllinoisIllinois

John WilliamsJohn Williams a Justice of the
Peace in Washington CountyWashington County IllinoisIllinois

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Pleasant Rollings of Lawful age being sworn
and Examined on the part of the defendant deposeth
and saith that he does not know that A J [ Harryman ]
Ever had a negro boy by the name of Sam in the
State of IllinoisIllinois but that he did know of the [ HarrymanHarryman ]
family in the state of MissouriMissouri having a negro by the
name of Sam I have heard matters [ HarrymanHarryman ] of
MissouriMissouri and others of the heirs of CharlesCharles [ HarrymanHarryman ]
deceased say that the negro boy Sam did not belong
to A. J. [ Harryman ] I was acquainted with the family
of CharlesCharles [ HarrymanHarryman ] that did live in the state of
MissouriMissouri both before and after the death of said
[ HarrymanHarryman ], and from the circumstances that I was
knowing to at that time I did not believe that the title
to the said negro boy Sam was in A. J. [ Harryman ]

Pleasant Rollings

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I John WilliamsJohn Williams a Justice of the Peace do hereby
certify that Pleasant Rollings the deponent whose
place of residence is in Washington CountyWashington County State ofIllinois IllinoisIllinois
was by me sworn to testify the whole truth of his knowledge
touching the matter in controversy in the cause aforesaid
and that his deposition was reduced to writing
and subscribed by him in my presence on the 31st day of December 1844 between the hours of six oclock in the
fore noon and seven oclock in the afternoon of the
same day at my office in Washington CountyWashington County and
State of IllinoisIllinoisJohn WilliamsJohn Williams a Justice of the Peace

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SamuelSamuel a man of color
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

In St. Louis Circuit CourtCircuit Court

SamuelSamuel the plaintiff in this suit being sworn
says that this appeal is not made forvexation
or delay but because the affiant believes that
he is[ agrieved ] by the judgment of the
court.

SamuelSamuel his mark

Sum to this
17 day of July 1845

JohnJohn Ruland RulandJohn Ruland Clerk

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Sam a man of colorvs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

afft for appeal

Filed July 17th 1845

John RulandJohn Ruland Clerk

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SamuelSamuel (a man of color)
vs
JohnJohn Howdershell [ John HowdershellHowdershell ]

In Circuit CourtCircuit Court

The plaintiff by his [ counsell ] comes and
moves the court to grant an appeal
in this case

CarrCarr BeattyBeatty Atty for pltff.

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SamuelSamuel (a man of Color
vs
John [ Howdershall ]

motion to Count to
grant an appeal

Filed 19th February 1845

Jn. RulandJohn Ruland Clk

16p39
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Sam (a man of color
vs
John [ Houdershell ]

Be it remembered that on the trial of this
cause the plaintiff by his attorney offered in evidence
the following depositions (here insent all of plaintiffs
depositions) which were all admitted with the
exception of such parts of the same as [ refered ]
to statements made by AndrewAndrew J [ HarrymanHarryman. ]
&after the plaintiff had concluded his case
the defendant offered in evidence the following
depositions (here insent copy of defendants depositions
to the reception of which the plaintiff by his
counselobjectedon account of the interest
of the witnesses which objection the count
overruled and admitted the said depositions
in evidence and the plaintiff then tookhis
exception to the said ruling of the court.
It was admitted that [ HarrymanHarryman ] the on behalf of plff was drunkwhen he testifiedhis deposition
& after the cause was submitted to the jury
the plaintiff requested the court to give the
following instructions (here insert instructions
asked by plaintiff) which the court refusedto
give and gave the following instead hereinserttheinstructions given by the court in lieu of those asked by plaintiff to which
refusal and giving other instructions the
plaintiff by his counsel excepted. The defendant
also by his counsel requested the court to
give the following instructions
(here insert instructions asked by defendant
which the court gave and the plaintiff then and
there excepted to the said ruling of the court.
After the verdict of the jury and within four
days after the rendering the same the
plaintiff a motion and reasons for a
new trial in the following words (here insert
motions and reasons for new trial) which motion

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the courtoverruled and the plaintiff took
his exception. Afterwards during the continuance
of the same term the plaintiff filed a motion
and affidavit for an appeal in the following
words (here insert the motion and affidavit
for appeal) which motion the court overruled
and the plaintiff took his exception. And afterwards
the plaintiff the to sign
this bill of exceptions which is done

John Krumm

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SamuelSamuel (of color)
vs
JohnJohn Howdershell [ John HowdershellHowdeshell ]

Motion for

Bill of Exceptions
CarrCarr & BeattyBeatty atty
for plff

Filed March 25th 1845

Jn RulandJohn Ruland Clk

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Given

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1. If the jury believe from the evidence
that the plaintiff was only temporarily
kept in IllinoisIllinois, and hereby as the servant
to a transient visitor that he did not
thereof acquire a right to his freedom

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Given

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2. That if the jury believe from testimoney
that the plff was taken to IllinoisIllinois &
There detained without the knowlege or counsel
of the owner that the plff did not
by reason of being kept these acquire
a right to his freedom - the
verdict should be for deft-

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Refused

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It was not for AndrewAndrew H [ HarrymanHarryman ]
to have taken up a permanent residence
in IllinoisIllinois to entitle the plaintiff to a verdict
in this case if he the plaintiff was actually held
in slavery in IllinoisIllinois by [ HerrymanHerryman ]

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The city of St LouisSt Louis
vs
ElliotElliot Lee LeeElliot Lee , John BJohn B .
& TheodoreLabeaume

In the St Louis CircuitCircuit Court
CourtCircuit Court : November. 1844

Motion for continuance overruled.
AllenAllen the declaration; bond and served
from the County CourtCircuit Court ;

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Refused

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1st If the jury believe from the testimony that
AndrewAndrew J [ HarrymanHarryman ]carried the plaintiff
to the state of IllinoisIllinois and there heldhim in slavery in violation of the
laws of that state and that the defendant
claims the plaintiff and holds him as a slave
by purchase under the said [ HerrymanHerryman ]
then they must find for the plaintiff

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Given

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2nd If the jury believe that the plaintiff
was held in Slavery in the state of IllinoisIllinois
with the knowledge & consent of his owner they must find for the plaintiff.

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Refused

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3rd If the jury believe the defendant purchased
the plaintiff from AndrewAndrew JJames Harryman [ James HarrymanHerryman ]
then the acts of [ HerrymanHerryman ] in violation of the laws
of IllinoisIllinois entitle the plaintiff to his freedom
as against the defendant

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Given

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If the plaintiff was held in slavery in IllinoisIllinois
in violation of the laws of that state with
the knowledge & consent of his ownerthen he is entitled to a
verdict in this case

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SamuelSamuel (of Color)
vs
[ Howdershell ]
Instructions of PLff.