Aspasia vs. Hardage Lane
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To the Honorable Luke and [ lawfel, ]
Judge of the eighth, Judicial Circuit for the state
of MissouriMissouri

The petition of AspasiaAspasia a woman of
color respectfully represents that she is the daughter
of JudyJudy , who was born in the state of VirginiaVirginia, about
the year 1786 and when about 10 or 11 years old
was brought to LouisvilleLouisville, KentuckyKentucky, and sold to a
certain WilliamWilliam SullivanSullivan , who kept her for a short
time as a slave and then sold her to a certain RobertRobert Bunton
BuntonRobert Bunton , a resident of the town of VincennesVincennes, in
the North western Territory That the said BuntonBunton ,
took your petitioners mother to the town of VincennesVincennes,
in the territory aforesaid about the year 1798, in which
place she was owned and continued to be held as a
slave by the said BuntonBunton , for the space of two years
or upwards - That after your petitioners mother had been
held and treated as a slave in the town of VincennesVincennes,
and territory aforesaid for the length, of time set for the
above she was sent to KaskaskiaKaskaskia, in the said territory
and some short, time afterward sold to a certain
WilliamWilliam LecompteLecompte , of the town of Saint LouisSt Louis in the
province, of upper LouisianaLouisiana, where she has remained
in slavery ever since, and gave birth to your petition
about thirty two years ago in the town of saint
Louis

Your petitioner further represents that she
is now illegally held in slavery by a certain HardageHardage Lane
LaneHardage Lane of Saint LouisSt Louis contrary to the provisions of an
ordinance, passed by the Congress, of the UnitedUnited States, StatesUnited States
on the day of july seventeen hundred and eighty seven-your petitioner therefore prays that she
may be permitted to sue as a poor person in order to
establish her right to freedom, that counsel, be assigned,
her for that purpose and finally that your

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honour may grant the usual orders in such cases and
as in duty bound will ever pray

Assisa her

X

mark a woman of color
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State of MissouriMissouri
Saint LouisSt Louis County

This day JudyJudy a woman
of color personally appeared before the undersigned
and made
oath that the matter and things in the foregiong petition
contained so far as they depend upon her own
knowledge are true and those coming from the information
of others she believes to be true

sworn, to and subscribed before
me this,twenty fourth day of june eighteen hundred thirty seven
James JJames J Purdy Justice, of the Peace,JudyJudy her

X

mark a woman of color
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1st It is hereby orderd that Assisa be permitted to sue,
as a poor person for the recovery of her freedom and
that F W Risque, be assigned her as counsel, for that
purpose

2nd That the said Assisa have reasonable liberty to attend
her counsel, and the court as occasion may require
that she be not removed out of the jurisdiction, of the
court, and that she be not subject to any severity
on account of her application for freedom.

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filed 24 June 1837

John RulandJohn Ruland Clerk

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Assisa, a woman of color.
vsLaneLane

Petition

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Circuit CourtCircuit Court Term 1837
Saint LouisSt Louis County to wit

AspisaAspasia , a woman of color
by FW Risque, her attorney complains of HardageHardage Lane LaneHardage Lane ,
of a plea of trespass, for false imprisonment : For that
whereas the said Hardage LaneHardage Lane heretofore, to wit on the
15th day of January 1837 at the city of St. LouisSt Louis in the
County aforesaid with force and arms made an assault,
upon the said aspisa, to wit, at and then and there
beat, bruised, and ill treated her the said aspisa and then
and there imprisoned her and kept and detained her in
prison there, without any reasonable or probable, cause
whatsoever for a long time, to wit, for the space of

then next following, contrary to the laws of the
land and the will of the said aspisa and the said
aspisa that at the time and before the committing
of the said grievance, she was and still is a free person,
and that the said Hardage LaneHardage Lane held and still holds
her in slavery to the damage of the said aspisa of the
sum of $300 and therefore she brings suit

FW Risque Counsel,
for pltff,

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No

Circuit CourtCircuit Court July Term 1837

aspisa a woman of Color
vs
Hardage LaneHardage Lane

Declaration

This is an action for false imprisonment
in for the
recovery of freedom Damage
$300 The Clerk will issue,
a summons

FW Risque,

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filed 24th June 1837

John RulandJohn Ruland Clerk, Clerk

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"1st It is hereby ordered that AspisaAspasia be permitted to sue as a poor person for the recovery of her freedom, and that F. W., Risque
be assigned her as counsel for that purpose. 2nd That the said AspisaAspasia have reasonable liberty to attened her counsel
and the court as occasion may request, that she be not removed out of the jurdiction of the court and that she be not
subject to any severity on account of her application for freedom. L.E. Judge .â

A true copy of the order endorsed upon the petition.

John RulandJohn Ruland Clerk

.
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County of St. LouisCounty of St Louis.

ss.

The State of MissouriMissouri

To the sheriff of the county of St. LouisSt Louis Greeting:

We command you to summon Hardage LaneHardage Lane , if he be found in your county, to appear before
our Honorable Circuit CourtCircuit Court on the first day of the next term thereof, to be begun and held at
the city of St. LouisSt Louis within and for the county of St. LouisSt Louis, on the second monday of July next
then and there to answer the, unto AspisaAspasia , a woman of colour, of a plea of trespass, for false
imprisonment, to the damage of said plaintiff of three hundred 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 herto affixed this 24th June 1837.

John RulandJohn Ruland Clerk

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Executed this writ on the 24th day of June 1837 in the
County of St.LouisCounty of St Louis by offering to read, it and the declaration
to HardageHardage Lane LaneHardage Lane , the defendant which he refused
to hear and acknowledged the service thereof

James BrothertonJames Brotherton Sheriff


By

J GordonJ Gordon DShff,


Service 1.00
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No 263

St.Louis Circuit CourtCircuit Court
July Term 1837

AspisaAspasia
vs
Hardage LaneHardage Lane

Freedom

Filed 24th June 1837

John RulandJohn Ruland Clerk

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263

In the St. Louis Circuit CourtCircuit Court
July Term 1837

AspisaAspasia
vs.
HardageHardage Lane LaneHardage Lane ,

and the said HardageHardage Lane LaneHardage Lane ,
by GeyerGeyer , his attorney comes and defends the
force and injury when and says that he
is not guilty of the said suffered, trespass,
and above said to his charge in manner form as
the said plaintiff hath above thereof complained
against him and of this he the said defendant
puts, himself upon the the county -

-

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No 203

St.Louis Circuit CourtCircuit Court
July Term 1837

AspisaAspasia
Vs
Hardage James

plea
not guitly

Filed 12th July 1837

John RulandJohn Ruland Clerk

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verdict, judgement for book 9 page 242264
Verdict a judgement for plff,475

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To, Hardage LaneHardage Lane
Sir

,

Take notice that on thursday the tenth day of august next between the hours of eight O'clock of the fornoon and of seven O'clock in the
afternoon at the dwelling house of ThomasThomas I. Beeler,
about six, miles from VincennesVincennes, in the County of
in the state of IndianaIndiana, defositions of witnesses will
be taken to be read as evidence upon the trial of
an action of trespass, for false imprisonment in for
man for the recovery of freedom now depending in the circuit court of Saint LouisSt Louis county wherein
I am plaintiff and you are defendant. If the depositions
should not be finished on that day they
will be continued at the same place and between
the same hours from day to day until finished
when and where you will please attend

AspisaAspasia a woman of color
by

By F,. W,.Risque her Attorney


St. LouisSt LouisJuly 27th 1837

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Served this notice by delivering, a copy of it to
Hardage LaneHardage Lane in the county of St. LouisSt Louis on the
28th day of July 1837

James BrothertonJames Brotherton Sheriff


By

JJ Gordon D ,GordonJ Gordon D DJ Gordon D , Sheriff


Service 50
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Aspia
vs
LaneLane

copy

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County Of St. LouisSt Louis, Sct.

The State Of MissouriMissouri,

To any Judge or Justice of the Peace or other judicial officers of the State ofIndiana IndianaIndiana
Greeting:

We, reposing special trust and confidence in your integrity and circumspection, do authorize
and require you, that you cause to come before you, such person or persons as shall
be named to you by AspasiaAspasia , a Women of color, her
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be by
you administered,) now pending in our Circuit CourtCircuit Court , for the county of St. LouisSt Louis, wherein
AspasiaAspasia is plaintiff and HardageHardage Lane LaneHardage Lane , is
defendant on the part of the plaintiff and having so reduced
the said depositions so taken by you as aforesaid in writing, you are required to send the
same, together with this commission, enclosed under, your seal, to our said Circuit CourtCircuit Court ,
with all convenient speed.

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Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St.LouisCity of St Louis, this twenty ninethday of July in the year of our Lord, one thousand eight hundred and thirty Seven.

Johan RulandRuland

Clerk C.C.
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St.Louis Circuit CourtCircuit Court

AspasiaAspasia a woman of,
Color-
vs
HardageHardage Lane LaneHardage Lane ,

-

Opened & filed 15th august 1837

John RulandJohn Ruland Clerk

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Depositions of Witnesses produced sworn and examined
at the dwelling house of ThomasThomas I Beelen about six
miles from VincennesVincennes in the County of and StateIndiana
of IndianaIndiana. before me John Collins a Justice of the
peace in and for the County of KnoxCounty of Knox in a
certain cause now depending in the Circuit CourtCircuit Court
of St. Louis County in the State of MissouriMissouri between
AspasiaAspasia (a woman of color) plaintiff and HardageHardage Lane
LaneHardage Lane defendent on the part of the Plaintiff

RobertRobert Buntin BuntinRobert Buntin , lawful age being produced
sworn and examined on the part of the Plaintff
deposith and saith

Question by plff atty,- In what year did you come to VincennesVincennes ?

Ans - I came, to VincennesVincennes in April or May 1793
By same- Have you been the owner of any slaves
since your residence in VincennesVincennes ?

Ans - I have been the owner of Black people
I bought them generally with the intnention,
of liberating, them, I bought them all after
1878 the first I bought was WilliamWilliam and
Old JudyJudy his wife with SallySally her oldest child
I bought also afterwards young JudyJudy from
WilliamWilliam SullivanSullivan , in the year 1799- as appears
by his Bill of sale to me filed in the
Circuit CourtCircuit Court of St. Louis County MissouriMissouri
in the case of JudyJudy in a suit for freedom attached to my depsition therein which
should be taken as a part of this.

By same- How long did you own young JudyJudy ?
Ans - I don't know perhaps two. three or four years.

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By same, How did you dispose of young Lady and to whom
did you sell on transfer her?

Ans- I cant be positive, but believe I [ transfered ]
her to LouiseLouise and Duboir and, I am pretty
sure,of it, but will and state so positively,
I think I heard that he afterwards had sold her to PierrePierre Menard MenardPierre Menard ,, This was the common repeat

By name - did you or did you not sell her as
a slave. State if so how you sold her?

Ans- I did not sell her as a slave, I believe
I never sold any black or blacks as slaves
I think I sold her with her Indentures for
fifteen years. She was bound to me for a certain length of time to repay me the amount,
I had expended for her, and I sold only her services for the time specified in the
Indenture whatever it was which I cant
certainly recollected, it has been so long since
but believe it was fifteen years from the
time she was bound. I generally took
an indenture for this time-

By same- Did you or did you not bring young JudyJudy to VincennesVincennes from KentuckyKentucky ?-

Ans - I bought her in LouisvilleLouisville and brought
her to VincennesVincennes immediately.

By same- What became of the indenture of which
you speak and where are they now ?

Ans - I dont know what became of them
nor where they are now . I generally took
an indenture and gave them a copy of it for
their own use.

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old JudyJudy and young JudyJudy did not agree
very well and for that reson I sold young
JudyJudy or her services. I have no recollection
of giving the purchaser any Indenture
and think that the purchaser from me neither, took a bill of sale, Indenture
or any thing else.

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I John Collins a Justice of the Peace do hereby certify
that Robert BuntinRobert Buntin the deponent whose place of
residence is Knox CountyKnox County in the State of IndianaIndiana
was by me affirmid to testify the whole truth
of his knowledge touching the matter in countroversy in the cause aforesaid. That deponent was examined
and his examination reduced to writing and
subscribed by said deponent in my presence
on the 10th day of August eighteen hundred and thirty seven and
between the hours of 8 O clock
in the forenoon and of seven O clock in the afternoon
at the house of ThomasThomas I Beeler about six miles
from Vincennis in the County of KnoxCounty of Knox and State ofIndiana
IndianaIndiana.

Given and certified this 10th day of August 1837

John Collins,


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I John Collins a Justice of the peace in and
for the County of KnoxCounty of Knox and State of IndianaIndiana do
certify that in pursuance of the annexed
commission and Notice came before me

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at the house of ThomasThomas I Beeler about six miles
from VincennesVincennes in the County and State last aforesaid
Robert BuntinRobert Buntin who was by me there sworn
and examined and such examination reduced
to writing and subscribed by him in my presence
and his said depsition is now here with returned
given at the House of ThomasThomas I Beeler aforesaid
in the County of KnoxCounty of Knox and State of IndianaIndiana this
10th day of August A.D.1837.

Jno Collins,
Justice Peace

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State of IndianaIndiana
Knox CountyKnox County

I AlexanderAlexander Clerk
of the KnoxKnox Circuit CourtCircuit Court to hereby certify that
John Collins on the tenth day of August in the year of our Lord one thousand eight hundred and thirty seven was and now is a Justice of the Peace within
and for the County of KnoxCounty of Knox in the State of IndianaIndiana duly Commissioned and acting as such and
that full faith, and credit are due his acts as such
In testimony whereof A D Scott Clk,
have heareunto subscribed my name and
affixed the seal of Office at VincennesVincennes
this 11th day of August Eighteen hundred and thirty Seven

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A.D.Scoll


By

W.R. M.Cord


Clerks fees for certificate 50
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Witness, fee $:50
Clerks fee as above :50
Justices $20:00
Jno Collins, $3 :00

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Hardage LaneHardage Lane
vs
AspisaAspasia

Afdvt.

Geyer

&

Hudson
Pd

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Filed 30th Nov:1837

John RulandJohn Ruland Clerk

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Aspisia
vs
Hardage LaneHardage Lane

Suit for freedom
Hardage LaneHardage Lane the above
named deft. makes oath that
Peter MenardPeter Menard is a material witness for him on the
trial of the above entitled cause that there is no
other witness in attendance upon whose testimony the
said Deft. can safely rely to prove the same facts
that the said Peter MenardPeter Menard is expected to prove Deft.
states that he cannot safely go to trial without the
testimony of said MenardMenard , that said MenardMenard is not
absent by the consent connivance or procurement
of this affiant. Affiant states that he verily believes
the testimony of said MenardMenard to be of the utmost
importance on his behalf. Affiant states that said
MenardMenard is a resident of the town of KaskaskiaKaskaskia
in the State of IllinoisIllinois and that said MenardMenard informed
this affiant that he would be in the City of St.LouisCity of St Louis
during the present term of this Hon. Court, and could
give his testimony orally on behalf of affiant,
which mode was deemed preferable to the taking
the deposition of said MenardMenard . Affiant further
states that said MenardMenard did come to the City ofCity of St Louis
St.LouisCity of St Louis & was in the city at the commencement of this Court assurable to his statement to this affiant
but left the city without giving to this affiant
sufficient notice to take the deposition of the
said MenardMenard . Affiant states that he has not
taken the depositon of the said MenardMenard for
the reasons above stated and for the further rea
son that he thought he would be able to have
the personal attendance of said MenardMenard on the
trial of the above cause. Affiant states that if a continuance is granted him he will be
able by the next term of this Hon. Court to have
the personal attendance of said MenardMenard or
his deposition. Affiant states that since the
commencement of the present term of this
Court he has discovered, other evidence which

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he is advised and believes will also be material
for his defence, which evidence can only be procured
by going or sending to the town of VincennesVincennes
in the State of IndianaIndiana, and which evidence
was discovered too late to be obtained at the
present term of this Hon. Court. Affiant states
that he believes that he will be able to procure
all the necessary evidence for his defence by
the next Term of this Court should a conti
nuance be granted, affiant states that if he
is forced to go to trial at the present Term of this
Hon. Court, that he believes manifest injustice
will be done him, he further states that this
continuance is not asked for the purpose
of vexation of delay but for the attainment
of justice above.

Sworn to and subscribed
in open court this 30thNovr. 1837.

John RulandJohn Ruland Clerk

.

Hardage LaneHardage Lane

.
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AspasiaAspasia
vs
LaneLane

Dep: for Deft
Opened & filed Aug: 13th 1838

John RulandJohn Ruland Clerk

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AspisaAspasia .
vs.
Hardage LaneHardage Lane .

St. LouisSt Louis Cricuit Court.

Take notice, that on the twenty first day of July in the year of our Lord, one thousand eight hundred and thirty eight, between the hours of
seven, in the forenoon, and seven in the afternoon, of that day, at
the office of George W. Ewing in the
town of VincennesVincennes State of IndianaIndiana
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the Defendant; and that the taking of side 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 Plff

Hardage LaneHardage Lane

.
By

H B Hudson
his Atty.

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copy of the within notice this
9th day of July 1838.

F.W. Risque
Atty for
Plff.

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County Of St. LouisSt Louis, Sct.

The State Of MissouriMissouri,

To any Judge or Justice of the Peace or other Judicial Officer of the
State ofIndiana IndianaIndiana.
Greeting.

We, reposing special trust and confidence in your integrity and circumspection, do au
thorize and require you, that you cause to come before you, such person or persons as
shall be named to you by Hardage LaneHardage Lane , his
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you administered,) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our Circuit CourtCircuit Court , for the County of St. LouisCounty of St Louis,
wherein AspasiaAspasia is
plaintiff and Hardage LaneHardage Lane is
defendant on the part of the defendant and having
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
Circuit CourtCircuit Court , with all convenient speed.

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Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this Eleventh day of July in the year of our Lord, one thousand eight hundred and thirty-Eight.

J.W.Ruland


Clerk C.C.
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St. LouisSt Louis Cir: Court.

AspasiaAspasia
vs
H.Lane.

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Depositions of witnesses produced, sworn and
examined at the office of George W EwingGeorge W Ewing in VincennesVincennes
in the County of KnoxCounty of Knox and the State of IndianaIndiana before
me Martin RobinsonMartin Robinson a Justice of the Peace in and for
said County in a certain cause now depending in
the Circuit CourtCircuit Court for the County of Saint LouisCounty of Saint Louis and StateMissouri
of MissouriMissouri wherein AspasiaAspasia is plaintiff and HardageHardage Lane
LaneHardage Lane is defendant.

David WarfordDavid Warford of lawful age being produced
sworn and examined on the part of the defendants
deposeth and saith, that he is unacquainted with
the parties and knows nothing of the matters in controversy
between them.

David WarfordDavid Warford ,

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I Martin RobinsonMartin Robinson a Justice of the Peace within and
for the County of KnoxCounty of Knox and State of IndianaIndiana do
certify that David WarfordDavid Warford the deponent
whose place of residence is VincennesVincennes County of KnoxCounty of Knox
and State of IndianaIndiana was by me sworn to testify
the whole truth of his knowledge touching the matters in
controversy in the cause aforesaid, that the deponent
was examined and his examination reduced to
writing and subscribed by said deponent in my
presence on the twenty first day of July in the year of our Lord one thousand Eight Hundred and thirty Eight between the hours of seven in the forenoon
and seven of the afternoon at the office of GeorgeGeorge W Ewing
W EwingGeorge W Ewing in VincennesVincennes in the County of Vick and
State of IndianaIndiana

Given and certified the 21 day of July 1838.

Martin Robinson P

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Not being able to complete the taking of said depositions by
reason of the absence of the witnesses I adjourn the further

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taking of the same Monday the 23rd day of July tomorrow
being Sunday, there to be continued at the same place
and between the same Hours mentioned in the annexed
notice

Martin Robinson P

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Pursuant to the adjournment above stated on the 23rd day of July in the year Eighteen Hundred and thirty Eight between the hours of seven in the forenoon and
seven in the afternoon at the office of George WGeorge W Ewing
EwingGeorge W Ewing in VincennesVincennes, County of Vick and State ofIndiana
IndianaIndiana I continued the taking of said depositions
as follows,

Robert BuntonRobert Bunton of lawful age being produced
sworn and examined on the part of the defendant
deposeth and saith-

Question by deft: When did you come to VincennesVincennes
answer: about April or May in the year 1792

Question by deft, at which time did you bring to VincennesVincennes,
a colored woman called young JudyJudy .

Answer, in the fall of the Year 1799.

Question by deft. How long did you keep said
colored Woman in VincennesVincennes.

Answer: I do not recollect.

Question by deft, How and where did
you obtain said colored Woman
called Judah

Answer, I obtained her of WilliamWilliam SullivanSullivan in
LouisvilleLouisville KentuckyKentucky in October 1799 and
received a Bill of sale for her of that date
which was attached to my deposition given
at a former examination.

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Question by deft, What became of said JudyJudy -
Answer I think I transferred her to Taussaint Dubais

Question by deft, did you purchase her as a slave

Answer I did but it was my instruction to set her
free, so soon as I was paid for the money advanced
for her, for which purpose I took her indentures
for fifteen years as I believed

Question by deft, What became of those Indentures

Answer, I do not know certainly but believe I transferred
them to the person I transferred her to.

Question by deft, Was Eliher StuartStuart residing in VincennesVincennes
at the time you brought said JudyJudy there.

Answer I think he was, but I am not certain my
impression in that Eliher StuartStuart came to VincennesVincennes
in the year 1796

Question by deft, did you ever own any other colored
woman called JudyJudy , in VincennesVincennes, except
the said JudyJudy

Answer I owned one, other colored woman in
VincennesVincennes and at the same time called
Old JudyJudy who with her children I set free
and are now living in the State of IndianaIndiana.
Except one called SarahSarah who left with her own consent, and went away with her
husband

Question by deft, did you know Mrs.

Answer, I did, she was brought in by the Indians
as a prisoner, it might have been about
the time I brought said JudyJudy here, I do not

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know positively

Question by deft, How long did you keep said
young JudyJudy in VincennesVincennes after you brought
her there

Answer I do not know, whether six months or
four years, but I think it was not more than
four years

Question by plff, What induces you to belive you
took Indentures from your JudyJudy for
fifteen years.

Answer, My intention was when I purchased
her and others to set them free after
fifteen years service and I recollect
dinstinctly that I wished to transfer her
indenture, to the person I sold her
services and I offered to the person to
whom I sold her services a Bill of sale
stating that the time she had to serve which
he refused, as I think, stating that he did
not want a Bill of Sales.

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I Martin RobinsonMartin Robinson a Justice of the Peace of KnoxKnox , county
in the State of IndianaIndiana do hereby certify that RobertRobert Buntin ,
BuntinRobert Buntin the deponent place of Residence is KnoxKnox County
CountyKnox County in the State of IndianaIndiana was by and sworn
to certify the whole truths of his knwledge touching the
matter in controversy in the cause aforesaid that
deponent was examined and his examination
reduced to writing and subscribed by said
in my presence on the 23rd day of July.

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In, the year Eighteen Hundred and thirty Eight between the hours of seven in the forenoon
and seven in the afternoon at the office of
George WGeorge W . Eweing in VincennesVincennesKnoxKnox county
and State of IndianaIndiana.

Given and certified the 23rd day of July 1838

Martin RobinsonMartin Robinson

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I Martin RobinsonMartin Robinson a Justice of the Peace within & for KnoxKnox
county in the state of IndianaIndiana do certify that in
pursuance of the commission and notice
cause before me at the office of George W EwingGeorge W Ewing
VincennesVincennes in the county and State of aforesaid
David WarfordDavid Warford , and Robert BuntonRobert Bunton served
by me sworn and examined and such examinations
reduced to writing and subscribed by them respectively
in my presence and then said depositions are
now, herewith returned

Given at, VincennesVincennes in the county of
KnoxKnox and State of IndianaIndiana the 23rd day of July 1838.

Martin Robinson J P.

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State of IndianaIndiana
Knox CountyKnox County B

I Alexander D Scott Clerk of
the KnoxKnox Circuit CourtCircuit Court do hereby certify that Martin RobinsonMartin Robinson
Esq on the twenty first and twenty third days of July in the year of our Lord one thousand eight hundred and thirty eight
was and now is executing Justice of the Peace within and for the
County of KnoxCounty of Knox in the State of IndianaIndiana duly commissioned
and acting as such and that full faith and credit are
due to his acts as such.

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In testimony whereof I have hereunto subscribed
my name and affixed the seal of said court
of VincennesVincennes this county this twenty fourth day of July in the year of our Lord one thousand eight hundred thirty eight.

A.D. Scott Clk


By

Wm. Cord D C

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County of St. LouisCounty of St Louis, sct.

The State Of MissouriMissouri,

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

You are hereby commanded to summon FrancisFrancis Culy, WilsonWilson Primm
MichaelMichael Jesson, Madame BelcourBelcour , Rev. J.A. Lutz
Madame Zamar, and Hardage LaneHardage Lane
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 friday 24th of august
Instant at the City of St. LouisCity of St Louis then and there to Testify,
and the truth to say, in a certain matter of contoversy now pending in our said court
wherein AspisaAspasia a woman of color is
plaintiff and Hardage LaneHardage Lane is
defendant on the part of the plaintiff
and have you then and there this writ.

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Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 17th day of august in the year of our Lord, eighteen hundred and thirty eight

M O Ruland

Clerk, C.C.
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AspisaAspasia
vs
LaneLane

Spoe

Friday 24th August

F. Culy W. Primm


M. Jesson, Madame Zamar


Madame BelcourBelcour


Hardage LaneHardage Lane


Rev. J. A. Lutz
for plaintiff

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Served this writ on F Creely
W Primm M Jesson Madame
Zamar and J A LutzJ A Lutz on the 18th and
Madame BelcourBelcour on the 20th and
Hardage LaneHardage Lane on the 24th day of August 1838 in the county
of St LouisSt Louis

Service $3.50

M BrothertonM Brotherton
Shff

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County of St. louis, Sct.

State Of MissouriMissouri,

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

We command you to attach MichaelMichael Jesson, Jos:A Lutz, Madame BelcourBelcour
by their bodies and them safely keep, so that you have their bodies before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St.LouisCity of St Louis, within and for the County of StCounty of St Louis.
LouisCounty of St Louis, forthwith (this28th August) 1838 then and there to testify and
the truth to say in a certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between AspisaAspasia Plaintiff and HardageHardage Lane
LaneHardage Lane defendant wherein the said MichaelMichael Jesson, J AJ A Lutz
LutzJ A Lutz & Madame Balcour have heretofore been summoned on the part of the said AspisaAspasia .

[missing figure]
Witness John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St. LouisCity of St Louis, this 28th day of August in the year of our Lord one thousand eight and thirty eight.

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]
AspisaAspasia
vs
LaneLane

Attachment
Witnesses

Mr Jesson

Ma BelcourBelcour

I.A.Lutz.

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Executed this writ and have now the
the body of the within named persons in
open Court.

Marshall BrothertonMarshall Brotherton
Sheriff


Service $3.00.
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County of St. LouisCounty of St Louis,sct.

The State Of MissouriMissouri,

To the Sheriff of St. Louis County - Greeting.

You are hereby commanded to summon Adam L Mills
that setting aside all manner of excuse and delay, he be and appear in proper person
befoe the Judge of our Circuit CourtCircuit Court forthwith
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 peding in our said Court,
wherein AspisaAspasia is
plaintiff and Hardage LaneHardage Lane
defendant on the part of defendant
and have you then and there this writ.

[missing figure]
Witness John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 28 day of August in the year of our Lord, eighteen hundred and thirty eight

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

Executed this writ by offering to read it to
to A L Mills on 28th day August 1838 in the County of St LouisCounty of St Louis

Marshall BrothertonMarshall Brotherton Sheriff


By

BenjaminBenjamin LucyLucy Dpt

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AspasiaAspasia Ent
vs
Hard LaneLane

dft

A L Mills


for 29th
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Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis by reading it to A L
Mills on the 29th Aug 1838

Marshall BrothertonMarshall Brotherton
Sheriff


Service,50
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County of St. LouisCounty of St Louis, sct.

State Of MissouriMissouri,

To the Sheriff of St. Louis County - Greetings.

We command you to attach Francis Mallett Pierre Chouteau SrPierre Chouteau Sr . Madame Tamey Mad BouisBouis Mad Gion
by their bodies and them safely keep, so that you have their bodies before
the Judge of our Cicuit CourtCircut Court , now in session at City of St. LouisCity of St Louis, within and for the County of StCounty of St Louis.
LouisCounty of St Louis, forthwith1838 then and there to testify and
the truth to say in certain matter of controversy, now pending in our said Cicuit CourtCircut Court , between
Aspese plaintiff, and HardageHardage Lane
LaneHardage Lane defendant wherein the said witnesses,
have theretofore been summoned on the part of the said

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Witness John RulandJohn Ruland , Cleark of our said Circuit CourtCircuit Court , at the CityCity of St Louis
of St.LouisCity of St Louis, this 28th day of August in the year of our Lord, one thousand eight hundred and thirty-eight.

John RulandJohn Ruland

Clerk, C.C.
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Executed this writ and have now the bodies
FrancisFrancis Mallet,Pierre Chouteau SrPierre Chouteau Sr &
Mad BouisBouis in open court.
Mad Tamey
being sick was not [ brot ] in.
Mad GuionGuion
was not found

Marshall BrothertonMarshall Brotherton
Sheriff

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[missing figure]

Service 3.00
non est, - 1.00
$4.00

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Aspiseé
vs
LaneLane

Attachment for

Francois Mallett


Pierre ChouteauPierre Chouteau


Madame Tamey


Mad BouisBouis


Mad Gion

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County of St. LouisCounty of St Louis,sct.

The State Of MissouriMissouri,

To the Sheriff of St. Louis County - Greeting.

You are hereby commanded to summon John H BaldwinJohn H Baldwin and
Mr DennyDenny (Grocer near GreenGreen Tree)
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , forthwith
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 Aspisé is
plaintiff and LaneLane is
defendant on the part of Defts
and have you then and there this writ.

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Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 29th day of August in the year of our Lord, eighteen hundred and thirty eight

Jno RulandJohn Ruland

Clerk, C.C. by

Geo A HydeGeo A Hyde Depty

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Executed this writ by reading it
to John H BaldwinJohn H Baldwin
DennyDenny
not found in my County

Marshall BrothertonMarshall Brotherton
Sheriff

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[missing figure]

Service, 50
Nonest 121/2
,621/2

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July term 1838
Ent
Aspisé
vs
H Lane

Deft

Jno.H Baldwin

29

Mr DennyDenny
forthwith

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1. If the Jury shall be of opinion that the
Mother of the plaintiff was in the year 1799 a slave
in the State of KentuckyKentucky and was brought
from there to VincennesVincennes in the N.West
county and domiciled there by the owner they shall find for plaintiff

2. If the Jury shall be of opinion on the whole
of the evidence that the plaintiffs Mother
was only in the N.West County and
was conducted or sent through this County
by her owner for the purpose if being sold as a
slave in upper LouisianaLouisiana they shall find for def.

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If the Jury shall be of opinion that the female
ancestor of the plaintiff was a slave in KentuckyKentucky
on the 22nd Oct 1799 was then sold to Robert BuntinRobert Buntin
and by said BuntinBunton brought to VincennesVincennes and
used by said BuntinBunton at VincennesVincennes or elsewhere
in IndianaIndiana or IllinoisIllinois as his slave domiciled
with himself they ought to find for plaintiff

If the jury shall be of the opinion that the evidence
before them does not satisfactorily prove that said
female ancestor of the plaintiff was used
by said Robert BuntinRobert Buntin or any other person has
the lawful control over her under said
BuntinBunton as a domiciled slave in the North West County they
ought to find for defendant.

If the Jury shall be of opinion that the female ancestor
of the plaintiff was not detained or used as, a
domiciled slave at VincennesVincennes or any other place
of the North County but was only carried through the
County between KentuckyKentucky and MississippiMississippi as SLouis
for the purpose of selling her as a slave at
St.LouisSt Louis or on the front side of the MississippiMississippi
they shall find for Def.

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Aspisia,vsLaneLane ,
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Verdict of Jury
AspisaAspasia Versus LaneLane

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The Jury in the case of AspisaAspasia against LaneLane find
for the Plantiff.

Saint LouisSt LouisAugust 29.1838.

TimothyTimothy Oakley Sr Foreman.

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Aspise
vs
Hardage LaneHardage Lane

Suit for freedom
And the said deft
comes and moves the Court to set aside
the verdict of the Jury rendered in this
cause for the following reasons -

1. The verdict is against evidence

2. The verdict is against the right
of evidence

3. The verdict is against law and
evidence

4. The verdict is against law

5. The Court misdirected the Jury

6. That illegal testimony was admitted
and went to the Jury

7. That the Deft has discovered new
evidence since the trial.

Geyer Hudson

&

Primm
Atty for Defendant

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AspasieAspasia
vs
Hardage LaneHardage Lane

Reasons for New Trial

GeyerGeyer et al
Atty

for Def.
Filed August 31st 1838

John RulandJohn Ruland Clerk

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In the Circuit CourtCircuit Court of St. Louis County July Term 1838

AspisaAspasia a woman of color plaintiff
vs
Hardage LaneHardage Lane

Suit for freedom

Be it remembered that upon the trial of this cause
the plaintiff in support of her action offered and read in evi
dence the depositions of Robert BuntonRobert Bunton taken on behalf of
the plaintiff and the defendant, the bill of sale from WilliamWilliam
SullivanSullivan to Robert BuntonRobert Bunton of a negro girl JudyJudy , and the
deposition of Pierre MenardPierre Menard taken on behalf of the de
fendant and produced and examined the witnesses hereinafter
named. The first depositoin of Robert BuntonRobert Bunton offered and
read upon the said trial is in the words, letters and
figures following to wit (after striking out that por
tion of the said deposition which was subjected to at the
trial) "Robert Bunton Sr, of lawful age being pro
duced sworn and examined on the part of the plaintiff
deposeth and saith Question by Plffs Atty: In what
year did you come to VincennesVincennes? Ans: I came to
VincennesVincennes in April or May 1793. By same: Have
you been the owner of any slaves since your resi
dence in VincennesVincennes? Ans: I have been the owner
of black peeple. I bought them generally with the

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intention of liberating them, I bought them all after
1787. The first I bought ws WilliamWilliam and old
JudyJudy his wife with SallySally her oldest child. I bought
also afterwards Young JudyJudy from WilliamWilliam SullivanSullivan
in the year 1799 - as appears by his bill of sale
to me filed in the Circuit CourtCircuit Court of St. Louis County
MissouriMissouri in the case of JudyJudy in a suit for freedom
attached to my deposition therein such should be
taken as a part of this. By same: How long
did you own Young JudyJudy ? Ans: I dont know,
perhaps two, three or four years. By same: How
did you dispose of young JudyJudy and to whom did
you sell or transfer her? Ans: I cant be positive
but believe I transferred her to Tousaint DuboisDubois decd, I am pretty sure of it, but will not state
so positively. (Here follows in the deposition the part
stucken out not read at the trial and not copied here) By same: Did
you or did you not sell her as a slave, state if so
how you sold her? Ans: I did not sell her as a
slave. I believe I never sold any black or blacks
as slaves.
(Here follows an other part of the said deposi
tion not read upon the trial and not copied here)

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By same. Did you or did you not bring young JudyJudy
to VincennesVincennes from KentuckyKentucky? Ans: I bought her
in LouisvilleLouisville and brought her to VincennesVincennes im
mediately. By same. What became of the indenture
of which you speak and where are they now. Ans: (a part of the answer to the above question was not read
upon the trial and is here omitted)(it concludes as follows)
old JudyJudy and young JudyJudy did not agree very
well and for that reason, I sold young JudyJudy or
rather her services. I have no recollection of giving
the purchaser any indenture and rather think the
purchaser from me neither took a Bill of sale,
Indenture, or any thing else. (Signed) Robert BuntonRobert Bunton ". The Plaintiff next offered in evidence and read the second deposi
tion of the said Robert BuntonRobert Bunton taken on behalf of
the defendant in the words, letters and figures follow
ing to writ: Robert BuntonRobert Bunton of lawful age being pro
duced, sworn and examined on the part of the defen
dant deposeth and saith. Question by deft: When did you
come to VincennesVincennes. Answer.
About april or may in
the year 1793. Question by deft: At what time did
you bring to VincennesVincennes a colored woman called young
JudyJudy ?
Answer.
In the fall of the year 1799.

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Question by Deft.
How long did you keep said colored
woman in VincennesVincennes. Answer.
I do not recollect. Question by deft.
How and where did you obtain
said colored woman called JudyJudy ?

Answer. I obtained her of WilliamWilliam SullivanSullivan in
LouisvilleLouisville KentuckyKentucky in October 1799 and received
a Bill of sale for her of that date which was
attached to my deposition given at a former
examination. Question by deft.
What became
of said JudyJudy . Answer.
I think I transfered
her to Tousiant DuboisDubois . Question by deft.
Did
you purchase her as a slave? Answer.
I did
but it was my intention to set her free so soon
as I was paid for the money advanced for her. Question by deft.
Was ElishaElisha Stout residing in
VincennesVincennes at the time you brought said JudyJudy
then. Answer.
I think he was, but am not
certain my impression is that ElishaElisha Stout came to

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VincennesVincennes in the year 1796.

Question by Deft.
Did you ever own any other colored
woman called JudyJudy , in VincennesVincennes except the said
JudyJudy ? Answer.
I owned one other colored woman in
VincennesVincennes and at the same time called old JudyJudy
who with her children I set free and are now living in
the State of IndianaIndiana, except one called SarahSarah , who
left with her own consent, and went away with her
husband. Question by deft.
Did you know Mrs Cheer Answer. I did, she was brought in by the Indians
as a prisoner. It might have been about the
time I brought said JudyJudy here, I do not know
positively. Question by deft.
How long did you
keep said young JudyJudy in VincennesVincennes after you
brought her there? Answer.
I do not know,
whether six months or four years, but I think
it was not more than four years.

My intention was when I purchased
her and others to set them free after fifteen years
service,

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- and I offered to the person to whom I
sold her services, a Bill of sle stating the
time she had to serve which he refused, as
I think, stating that he did not want a Bill
of sale. (Signed) Robert BuntonRobert Bunton . The Bill of sale
produced and read upon the trial and referred to in this
deposition, of the said Robert BuntonRobert Bunton is in the words
letters and figures following to writ. Know all men
by these presents that I, WilliamWilliam SullivanSullivan of the
County of JeffersonCounty of Jefferson and State of KentuckyKentucky for and
in consideration of the sum of Two hundred and
fifty dollars to me in hand paid have this
day bargained, sold, and delivered unto RobertRobert Bunton
BuntonRobert Bunton of Knox CountyKnox County a negro woman
named JudyJudy being the same that I purchased
of PeterPeter Stacey, about sixteen years old the said
negro woman I will warrant and defend from
the claim of all persons whatever. Witness my
hand and seal this twenty second day of October 1799(nine).

(Signed)

WilliamWilliam SullivanSullivan ,

[missing figure]

Witness.

C. JamesJames Beauvary

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The Plaintiff then read in evidence the deposition of
Pierre MenardPierre Menard in the words, letters and figures following
to wit. Peter MenardPeter Menard of lawful age being produced sworn
and examined on the part of the defendant deposes
and says. Sometime between the year 1793 and 1804
I sold a black girl named JudyJudy to Guillaume He
bert LecompteLecompte of St. LouisSt Louis for four hundred dollars
cash, and sold her as a slave for life. She was
not my property, but was brought to me by Tou
saint DuboisDubois as the property of Robert BuntonRobert Bunton to be
sold by me, the money I received as aforesaid
I paid to DuboisDubois for BuntonBunton . I am not
sure, but I believe that after I had made the sale
verbally that a bill of sale, was sent to me by
BuntonBunton from VincennesVincennes, but I may have given
him a bill of sale myself. At the time I sold her
she was very young, but large of her age, she
had no children. I was asked by DuboisDubois whether
I could sell a slave belonging to Robert BuntonRobert Bunton . I told him I could not tell, but would try. JudyJudy the woman here present is the same produced to me
by DuboisDubois , and who was represented to me as a
slave for life, and was as such by me sold to
said LecompteLecompte . Mr.DuboisDubois was a person in whom

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I had the most unfounded confidence and whose
character stood very high for honesty and integrity. He and BuntonBunton both lived at VincennesVincennes In
diana,
cross examined by attorney for plaintiff. Ans: I can say that it was in the life time
of my first
wife (whom I married in 1792 & who
died in 1804 in the month of June) that I sold
JudyJudy , it was several years I think before 1804,
perhaps about 1798. Ans: I think she remained
at my house in KaskaskiaKaskaskia eight or ten days. Ans: I was acquainted with Robert BuntonRobert Bunton &
thought him to be a clever fellow - when I first
knew him he enjoyed a pretty good character. He was commissary of the V.S.Troops & was after
wards clerk of the Court of Knox CountyKnox County in the North
Western Territory. Ans: I believe his general repu
tation as a man of integrity was good. (signed).

Pierre MenardPierre Menard

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The palintiff next produced and examined as a witness Francis CrelyFrancis Creely , who states that he was born and raised
in Vincinnes, where he remained with the family of Robert BuntonRobert Bunton
and was raised in three squares of him. That BuntonBunton had several colored persons living with him, viz old

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JudyJudy and her two children Salley and LouisaLouisa . She also
had one by the name of NancyNancy who ran off. BuntonBunton
also has young JudyJudy who was no relation of old
JudyJudy . That the colored woman now produced
in court is the same person called young JudyJudy
whom he saw in the possession of Robert BuntonRobert Bunton
and performing the ordinary duties of a servant in the family
at VincennesVincennes IndianaIndiana. Her age when in the possession
of BuntonBunton he did not precisely know, but she
was a good sized girl. He saw her in St. LouisSt Louis
for the first time in year 1819 or 1820
in the possession of Madame LecompteLecompte . He did
not recognize JudyJudy on seeing her in St.LouisSt Louis at
first sight, but did so, afterwards. He could not
say how long JudyJudy was in the possession of RobertRobert Bunton
BuntonRobert Bunton at VincennesVincennes. That the family of negros in
the possession of Madame LecompteLecompte , when he first
knew them were the young JudyJudy and her children
Aspisa, Celeste and Tousaint. That AspisaAspasia the plain
tiff was in the possession of Hardage LaneHardage Lane the de
fendant at the time of the institution of this suit. Upon cross examination he stated, that while he lived

with his father in VincennesVincennes between 1800 & 1806 he first
saw JudyJudy and did not see her after he went ap

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prentice which was in 1806, at which time he was not
quite fourteen years old. He knew JudyJudy in the possess
ion of BuntonBunton at least one year or more, but does
not recollect how long. He came to St.LouisSt Louis in the
year 1816 and left his apprenticeship in 1814.

He was twenty years and six months old when he came
out of his apprenticeship. JudyJudy was changed in her ap
pearance, when he first saw her in St.LouisSt Louis, she
had grown fleshy and older. When BuntonBunton was a
tolerably aged man and a man of family when wit
ness first knew him, and at present he must be quite
an old man. Witness saw him about a year ago
supposses him to be man on to seventy and was
more than thirty years old when he (witness) first
knew him at VincennesVincennes. His oldest child was older
than witness. The object of witness going to VincennesVincennes
a year ago was to see his relations and to accompa
ny a Mr BuntonBunton who was employed to take depo
sitions in this suit. Witness called on BuntonBunton and told
him that JudyJudy was in St.LouisSt Louis. He had not just
come out of his apprenticeship when he came to StSt Louis.
LouisSt Louis. He had not seen JudyJudy from the time she
left VincennesVincennes until he saw her in St.LouisSt Louis. That he was employed by Mr Risque to go to VincennesVincennes and was
paid two dollars and fifty cents a day and his expenses.

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WilsonWilson Prison a witness being produced and examined
on behalf of the plaintiff stated that he had known JudyJudy
as long as he can remember and that she belonged to Ma
dame LecompteLecompte when he first knew her. Her children
as far as his recollects are Aspisa, Celeste and Tousaint. In the inventory of Madame Lecompt states JudyJudy
& her three children Aspisa, Celeste & Tousaint are
named, and were sold by the administrator of
Mrs. LecompteLecompte in November or December 1832.

Madame BelcourBelcour a witness produced and examined on
the part of the plaintiff stated that she has known
JudyJudy for a great many years. She belonged to her
grand father WilliamWilliam Hebert LecompteLecompte who bought
her (JudyJudy ) (as she witness thinks) from Col:Menard
of was a pretty stout girl when bought
by his grandfather LecompteLecompte , she had no children
at the time, but afterwards had Aspisa, Celeste
and Tousaint. That her grand father had no other
JudyJudy , but she was sold to him by Col: Menard. This being all of the evidence on the part of the plaintiff
the defendant then produced and read in evidence
Bill of sale in the Spanish language only interpreted

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into the english language from Pierre MenardPierre Menard
to WilliamWilliam Hebert LecompteLecompte dated the 7th(seventh) day of August 1800,(eighteen hundred) made at
St.LouisSt Louis before the then commandant of St.LouisSt Louis
in the usual form and was produced upon the
trial as one of the spanish archives now
& then in the custody of the recorder of St.Louis
County, by which it appeared that Pierre MenardPierre Menard
sold said JudyJudy as his own property to said LecompteLecompte as a slave
for life for the sum of four hundred and fifty
dollars with warranty and a clause of
mortgage to secure the purchase against defect
of . To the reading of which said spanish bill of
sale the plaintiff did not object.

FrancoisFrancois Mallet a witness produced and sworn and
examined on the part of the defendant stated that
he became a resident of VincennesVincennes in the year
1804. That Robert BuntonRobert Bunton lived there
that time and was an old man. That he became acquainted with his family a short time after
his arrival. That he (BuntonBunton ) had a son older than
witness. That the said BuntonBunton had a negro woman
named JudyJudy who at the time had children.

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and who was living in the State of IndianaIndiana when
witness left. Witness did not see JudyJudy this mother
of plaintiff during his residence in VincennesVincennes
nor has he ever seen her in the possession of
Robert BuntonRobert Bunton . That witness knew Tousaint Du
bois who was drowned about sixteen years ago
and lived a short distance from the town of
VincennesVincennes when witness knew him.
That in ordinary or good weather
it took about four ro five days to travel from Louis
ville KentuckyKentucky to VincennesVincennes IndianaIndiana and as many
days to travel from VincennesVincennes to KaskaskiaKaskaskia. But some times owning to high waters travellers
were often detained for several weeks. That owning to the indians who then inhabited-
IndianaIndiana and llinois it was dangerous to travel
through KentuckyKentucky and that sincerely
there was as much talk and preparation in
travelling from LouisvilleLouisville to VincennesVincennes and from
VincennesVincennes to KaskaskiaKaskaskia as is usual now in
a trip to the RockyRocky Mountains. This being all the evidence adduced upon the trial material to the issue the was
submitted to the Jury who found a verdict for

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[missing figure]

the plaintiff. After the rendition of the said verdict
the defendant by his counsel moved the court to
set aside the verdict aforesaid and sent a
new trial upon his reasons filed which are in the
words letters and figures following to wit: And the said defendant comes and moves the court to
set aside the verdict of the jury
for the following reasons. 1. The verdict is against
evidence. 2. The verdict is against the weight of evidence. 3. The verdict is against law and evidence. 4. The verdict is against law,. 5. The court misdirected
the jury. 6. That illegal testimony was
admitted and went to the jury. 7. That
the defendant was discovered new evi
dence since the trial.

(Signed)

Giyor HudsonHudson & Primm.

for Deft. The instructed the jury in the words letters
and figures following to wit, (here insert the, instructions of the Court
hereto, attached.)
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[missing figure]

There was no affidavit filed or evidence adduced to
prove that the defandant had discovered new
or material evidence since the trial aforesaid
or the rendition of the said verdict. The court
sustained the motion of the said defendant and gran
ted a new trial, to which opinion of the

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[missing figure]

court in granting the new trial aforesaid the
plaintiff by her counsel excepts and prays
that this her bill of exception may be
signed which is done accordingly
on third day of September in the year of our Lord one thousand eight hundred and thirty eight.

.

[missing figure]

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[missing figure]
AspasiaAspasia of color
vs
Hardage LaneHardage Lane .

Bill of Exceptions
by Plff

Filed Sep:15th 1838.

John RulandJohn Ruland clerk.

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[missing figure]
[ AspasiaAspisa ]
vs
Hardage LaneHardage Lane

In the Circuit CourtCircuit Court
Novr Term 1838

Hardage LaneHardage Lane the above named defen
dant being sworn on his oath says that PierrePierre Menard
MenardPierre Menard is a material witness for him & in the
trial of the above case, that no other witness
is in attendance by whom he can prove the
same facts that he expects to be able to prove
by said MenardMenard , that he cannot safely proceed
to trail without the testimony of said MenardMenard ,
that said MenardMenard is absent without the
consent connivance or procurement of said
affaint, that if this case is continued be
believes he can obtain said Menard's tes
timony by the next term of this Court;
that this application is not made for vexa,
tion or delay but for the purposes of sub
stantial justice; & that the reason why he
has not the testimony of said MenardMenard at
this time, is, that he was fully under the im
pression that this case was removed from this
Court to St CharlesSt Charles County, & made his ar
rangements to have said Menard's testimony
at the Court of said St.Charles County, and
that he was not undeceived, until a few
days since when it was too late to obtain
said Menard's testimony.

Hardage LaneHardage Lane .


Sworn to & subscribed in open court.
Decr 7th 1838.

Jn. RulandJohn Ruland Clerk.


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[missing figure]
AspisaAspasia
vs
Hardage LaneHardage Lane

Affidavit.

Filed Decr. 7th 1838.

Jn. RulandJohn Ruland Clerk.

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[missing figure]

County of St. LouisCounty of St Louis, sct.


The State Of MissouriMissouri,


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

You are hereby commanded to summon FrancisFrancis Culy,
Helen Lasouk, Madame BelcourBelcour ,
Madame Zamean or Zama
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 5th of December instant 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 AspisaAspasia or aspasia is
plaintiff and Hardage LaneHardage Lane is
defendant on the part of the plaintiff
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , clerk of our said Circuit CourtCircuit Court ,
at the City of St. LouisCity of St Louis, this 20 day of Decemeber in the year of our Lord, eighteen hundred and thirty eight.

JW. RulandRuland

, Clerk, C.C.
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[missing figure]

Executed this writ by reading it
to all the withon named witnesses.

M.BrothertonM Brotherton Sheriff.


Service $2.00.
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[missing figure]
Ext.
AspisaAspasia .
Vs.
LaneLane .

.

Witnesses for Plaintiff.

Tuesday 5th Dec:

F.Culy.


Helen Lasouk.


Madame BelcourBelcour .


Madame Zama.

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[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 Adam L Mills Jno H
Baldwin, Denny Francis Mallet, Pierre ChouteauPierre Chouteau
Mme BouisBouis Mdme GuionGuion
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 3rd Aprilnext
at the city of St.LouisSt Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein AspisaAspasia is
plaintiff and H. Lane is
defendant on the part of Deft
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St.LouisCity of St Louis, this 6 day of March in the year of our Lord, eighteen hundred and thirty nine.

Jn.RulandJohn Ruland ,

Clerk, C.C.
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[missing figure]

Executed this writ by reading it to PierrePierre Chouteau
ChouteauPierre Chouteau sen,1st April, 1839 in the CountyCounty of St Louis
of St.LouisCounty of St Louis.

Marshall BrothertonMarshall Brotherton .
Sheriff.


Service 50 .
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[missing figure]
March 7 1839
AspisaAspasia
vs
LaneLane

Deft. Adam L Mills

Jno H Baldwin

Denny

Francis Mallet

Pierre ChouteauPierre Chouteau

Mdme BouisBouis

Mme GuionGuion .

3 April.
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[missing figure]

County of St.LouisCounty of St Louis, Sct.


Sate Of MissouriMissouri,


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

You are hereby commanded to summon Francis CrelyFrancis Creely , WilsonWilson Primm
MichaelMichael Jesson, Madame Lamar, Madame Bel
Cour, Hardage LaneHardage Lane , J A LutzJ A Lutz
That setting aside all manner of execuse and delay, they be and appear in proper person
before the judge of our Circuit CourtCircuit Court , on the 3rd April
Next
at the city of St.LouisSt Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
Wherein AspisaAspasia is
plaintiff and Hardage LaneHardage Lane is
defendant on the part of plaintifF
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , clerk of our said Circuit CourtCircuit Court , at
the City of St.LouisCity of St Louis, this 6 day of March in the year of our Lord, eighteen hundred and thirty - nine

JW RulandRuland

Clerk, C.C.
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[missing figure]

Executed this within the
County of St LouisCounty of St Louis by reading
it to WilsonWilson Primm & MichaelMichael
Jesson 1st april 1839

Service 1.00

Marshall BrothertonMarshall Brotherton
Sheriff

View original image: Page  080
[missing figure]
March 1 1839
AspisaAspasia
Vs
LaneLane

Plff

Francis CrelyFrancis Creely


WilsonWilson Primm


MichaelMichael Jesson


Madame Lamar


Madame BelcourBelcour


Hardage LaneHardage Lane


J A LutzJ A Lutz


3 April
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[missing figure]

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[missing figure]

County of St.LouisCounty of St Louis, Sct.


State Of MissouriMissouri,


To the Sheriff of St. Louis County - Greeting:

You are hereby commanded to summon Francois Crely, WilsonWilson , Primm
MichaelMichael Jesson, Madame Lamar, Madame Bel
Cour, Hardage LaneHardage Lane , J A LutzJ A Lutz
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 19th April
at the city of St. LouisSt Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
Wherein AspisaAspasia is
plaintiff and Hardage LaneHardage Lane
defendant on the part of Plff
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St.LouisCity of St Louis, this 5th day of April in the year of our Lord, eighteen hundred and thirty - nine.

JW RulandRuland

Clerk,C.C.
View original image: Page  082
[missing figure]
March 7 1839
AspisaAspasia
Vs
LaneLane

Plff
Francois Crely

WilsonWilson Primm

MichaelMichael Jesson

Madame Lamar

Madame BelcourBelcour

Hardage LaneHardage Lane

J A LutzJ A Lutz

not served by order of plffs atto
19 April
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[missing figure]

Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis by reading it to F.
Crely, W.Primm - M. Jesson, Madame
Belcour & H. Lane on the 10th 11th,13 april 1839 M Lamar not found
in my County J A LutzJ A Lutz not served by
order of plffs atto-

Service 2.50
honest 12
262

M. BrothertonM Brotherton shff

View original image: Page  083
[missing figure]

County of St.LouisCounty of St Louis, Sct.


State Of MissouriMissouri,


To the Sheriff of St.Louis County - Greeting:

You are hereby commanded to summon Adam L Mills, John HJohn H Baldwin
BaldwinJohn H Baldwin - Denny, Francis Mallet, PierrePierre Chouteau
ChouteauPierre Chouteau Mme BouisBouis Mme GuionGuion
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 19th April
inst at the city of St.LouisSt Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein AspisaAspasia is
plaintiff and Hardage LaneHardage Lane
defendant on the part of Deft
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St.LouisCity of St Louis, this 5 thday of April in the year of our Lord, eighteen hundred and thirty - nine

Jno RulandJohn Ruland

Clerk,C.C.
View original image: Page  084
[missing figure]

Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis by reading it to A.L.
Mills Jno H Baldwin Frs Mallet
Pierre ChouteauPierre Chouteau , Mm BouisBouis - &
Mme GuionGuion 10th April 1839
DennyDenny not found in my County

Service 3.00
nonest 12
312

Marshall BrothertonMarshall Brotherton
Shff

View original image: Page  084
[missing figure]
March 7 1839
AspisaAspasia
Vs
Lane

Adam L Mills


John H BaldwinJohn H Baldwin


Denny


Francis Mallet


Pierre ChouteauPierre Chouteau


Mm BouisBouis


Mme GuionGuion


19 April
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[missing figure]

County of St.LouisCounty of St Louis, Sct.


State Of MissouriMissouri,


To the Sheriff of St.Louis County - Greeting:

You are hereby commanded to summon Adam S Mills, John H. Baldwin, - DennyDenny , Frs. Mal
lett, Pierre ChouteauPierre Chouteau , Mdme BouisBouis , Mdme GuionGuion ,
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 19th inst;
at the city of St.LouisSt Louis, then and there to testify,
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein AspisaAspasia is
plaintiff and Hardage LaneHardage Lane is
defendant on the part of the Deft:
and have you then and there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St.LouisCity of St Louis, this Seventeenth day of April in the year of our Lord eighteen
hundred and thirty nine

Jno RulandJohn Ruland

Clerk,C.C.
View original image: Page  086
[missing figure]

Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St Louis by reading it to A.S.Mills
Jno H Baldwin F Mallett P.Chouteau
Mme BouisBouis & Mme GuionGuion 15th april 1839DennyDenny not found in my County-

Service 3.00
nonest 12
312

Mashall BrothertonBrotherton
Shff

View original image: Page  086
[missing figure]
March Term 1839
AspisaAspasia
vs
LaneLane

Deft

A.S.Mills,


J.H.Baldwin,


Denny,
F.Mallett,


P.Chouteau,


Madme BouisBouis ,


Madme GuionGuion ,


19th Apl.
View original image: Page  087
[missing figure]

County of St.LouisCounty of St Louis, sct.


State Of MissouriMissouri,


To the Sheriff of St.Louis County - Greeting:

You are hereby commanded to summon Pierre MenardPierre Menard
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 Ninteenth day of AprilAD 1839 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 AspisaAspasia is
plaintiff and Hardage LaneHardage Lane is
defendant on the part of Defendant
and have you then there this writ.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at
the City of St.LouisCity of St Louis, this 19 thday of April in the year of our Lord eighteen hundred and thirty - nine

John RulandJohn Ruland

Clerk,C.C.
View original image: Page  088
[missing figure]

Served this writ on PierrePierre Menard
MenardPierre Menard on the 19th day of April 1839

M BrothertonM Brotherton
Sheriff


Service = 50
View original image: Page  088
[missing figure]
Aspis
vs
LaneLane

spa,

Pierre MenardPierre Menard


for Dft,
19th April
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[missing figure]

The Jury in the case AspisaAspasia against LaneLane
find for the Plaintiff-

Saint LouisSt LouisApril 26th 1839-

Foreman
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[missing figure]

Verdict of Jury
AspisaAspasia against Lane

View original image: Page  091
[missing figure]

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[missing figure]

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[missing figure]

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[missing figure]

Menard
to
Lecomte
Bill of sale of JudyJudy a negro girl 15 years old Augs 7 1800,

View original image: Page  095
[missing figure]

I hereby release Pierre MenardPierre Menard from all liability to me
in virtue of his bill of sale of a negro girl named JudyJudy
dated August 7.1800-

Witness my hand and seal this 26th day of April A D.1800

Hardage LaneHardage Lane seal

[missing figure]

Jus

WilsonWilson Primm


View original image: Page  096
[missing figure]

Hardage LaneHardage Lane

View original image: Page  097
[missing figure]
AspasiaAspasia
Vs
Hardage LaneHardage Lane

Decisions in main cases for Freedom

Merry vs Jefferi & MenardMenard - Ms Rep 725

The Principles decided in this case is that any colored
person born in the N W, Ty after the ordinance
of 1787 is entitled to freedom if born of a Mother
residing there

DennyDenny vsWhitesidesWhitesides Mo Rep 472 the court uses these
words - âThis court thinks that the parson who takes his
blame into said Territory & by the length of his residence
there indicates an intention of making that place
his residence & that of his slave and thereby induces a
Jury to believe, that fact does by such residence-
declare his slave to have become a free man.

Case of-

Franceas Lagrange alias IsidoreIsidore 2 Mo Rep 20 The facts
as stated by the Court are that in 1816
being owner of Plff sold him to P.Menard for $500
That MenardMenard immediately took him to St Geneveve,
& from there sent him to Mern La Matte in this
state to work - that some time after this Plff
went to Kaskaskias where he was put on Board
a Keel Boat and after remaining about 2 days
went in said Boat as a working hand to New
OrleansOrleans - that about the last March 1817 the
plaintiff returned in same boat to Kaskaskias
where he remained a few days (one witness, stated
8 or 9) assisting to reload said Boat, then was
sent in said Boat to the Big Swamp in
Cape Girardeau CountyCape Girardeau County & after remaining there
five or six weeks returned in the Boat to Kaskas
kias & after two or three days was sent to deft
P ChouteauChouteau Jr JrChouteau Jr , where he has been ever since.
The principles decided in this case are 1 The ordinance
of 1787 was intended as a fundamental law for those
who may choose to live under it rather than as a penal
statute
2 That construing the ordinance the court
will not be tied down to the particular exceptions
contained therein but will construe it according
to its spirit.

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[missing figure]

Any Sort or Residence construed, or permitted by the
Legal Owner upon the faith of trusts or
contracts in order to defeat the ordinance & thereby
introduce slaver de facto should doubtless entitle a
slave to freedom and should be promoted by a
forfeiture of title to the propertyâ

The Owner of a slave removing to IllinoisIllinois and carrying his
slave along with him there to remain permanently must
intend to introduce, involuntary servitude, or slavery
against the express terms of the ordinance. But the
Owner of a slave who is merely passing through
the country with him or who may be a resident
in IllinoisIllinois and may choose to employ him Mining in MissouriMissouri or as a sailor or Boat hand upon
the rivers or high seas in Boats or inlets that
occasionally unload their cargoes at
same port or place within the state, though he
may not do much in extending the fundamental
principles of civil, & religious liberty, certainly does
nothing towards slavery on the of the state

Slaves carried into IllinoisIllinois with a view to Residence
and staying there long enough to acquire the character
of residents do by such residence became free
MillyMilly vsSmithSmith 2 Mo Rep 36

NatNat vs Ruddle 3 Mo Rep 400 In this case the court
Instructed the jury - that if they believed from the
evidence that the Master took the slave into IllinoisIllinois
and used him there as a slave or permitted him
to be used there as such they should find for
the slave. But that if the slave went into
the state on a mere visit or ran away from
MissouriMissouri to that State he would not therby
be entitled to his freedom

The master who permits his slave to go to IllinoisIllinois
& there hire himself commits as great an offense
as he who takes his slave along with him to
reside there.
Ralp vsDavidsonDavidson 30 Mo Rep 194.

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[missing figure]

Where a slave stayed in IllinoisIllinois 30 days during
which she was hired out two days & the
owner pay in Soap held the slave was
entitled to freedom
JuliaJulia vs Mr. KenneyKinney 3 Mo Rep
270-

In the case of RachaelRachael vsWalkerWalker 4 Mo Rep 350

The question where a slave claims freedom
on account of Residence in IllinoisIllinois is whether
the master made any unnecessary Delay in
IllinoisIllinois with his slave it is not whether the
slave acquired a Residence nor is it whether
the Master became a Domesticated resident of
IllinoisIllinois nor is it of any consequence that
the slave remains voluntarily in IllinoisIllinois 592
4 Mo Rep
The construction of ordinance of 1787 &

IllinoisIllinois ban should be the same 4 Mo Rep 592.

Risque & BirdBird for
Plff

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[missing figure]

In the cases of JudyJudy vsMeachumMeachum , AndrewAndrew vsSarpySarpy
and AspisaAspasia vsLaneLane in which the facts are the same there [ inteligent ] juries have decided
in favour of the Plaintiff. This, I contend, is equivalent to these
verdicts in the same case. WillWill the court pay no res
pect to the opinions of thirty six honest and intiligent
men this solemly expressed? If the verdict in the
case of AspisaAspasia vsLaneLane , a case so well and clearly
made out, should be set aside by the court,
the inestimable right of the trial by Jury will become
a mere farce, with which the administration of jus
tice is closed. All which is respectfully submitted

By

Risque & BirdBird
for Pltf.

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[missing figure]
AspasiaAspasia
vs
Hardage LaneHardage Lane

Suit on Mo
for N.Trial