Josiah Cephas, a colored boy, by and through his next friend, Diana Cephas v. James Scott and Murray McConnell
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To the Hon. Luke & Lawless Judge of the
Circuit Court of the County of St LouisCounty of St Louis

The petition of JosiahJosiah Cephas CephasJosiah Cephas a colored boy, aged
two years and seven months, by his next friend
and mother DianaDiana Cephas CephasDiana Cephas , respectfully represents
to your honor, that in the month of April eighteen
hundred & thrity eight, he was born a slave on
the Eastern shore of the state of MarylandMaryland
where he continued to reside, until the spring of
the year Eighteen hundred and thrity nine
when he with his mother the said DianaDiana
were brought to the Country bordering on the
MississippiMississippiriver by one MarkDelahaDelaha
owner and master of your petitioner & his mother
the said DianaDiana . That the said DelahaDelaha in
the month of July Eighteen hundred and Thirty
nine settled at NaplesNaples on the IllinoisIllinoisriver in
the State ofIllinois IllinoisIllinois and took the said JosiahJosiah
your petitioner with him together with his said
mother DianaDiana , where both he and his said mother
remained from that time until the month of February
last past. That said DelahaDelaha made the
said town of NaplesNaples his place of abode and
hired out the said DianaDiana mother of your
Petitioner to labor and received the rewards of
her labor. That in the month of August 1839
the wife of said DelahaDelaha died at said
town of NaplesNaples. That in the month of
February last the said DelahaDelaha left the
said town and wentsouth as petitioner
believes for the purpose of residing there
that in the same month of February
last past, one MurryMcConnellMcConnell , pretending

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to be the owner of your petitioner, brought
your petitioner together with said DianaDiana his
mother, on board of a steam boat, then lying
at said town of NaplesNaples, and them
to the City of St LouisCity of St Louis in the State of MissouriMissouri
where he now is
in the custody and keeping of one JamesJames Scott
ScottJames Scott , who pretends to hold him under
the said MurryMcConnellMcConnell , and unjustly
and illegally deprives him of his liberty
& freedom. Yourpetitionerbelieves
that under this state of facts, that he
isentitled to hisfreedom, and prays
your honor to grant him leave to sue as
a poor person in order to establish his right
to freedom, against the said James ScottJames Scott
orsuch other person as may claim your
petitioner as a slave and your petitioner
will pray &c.

Attest.
A King

Josiah by
his next friend
DianaDiana Cephas CephasDiana Cephas her
mark

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State of MissouriMissouri
St Louis County Ss.

DianaDiana Cephas CephasDiana Cephas being
duly sworn says that the facts set forth in
the the forgoing petition are just and true.

Sworn to & subscribed
the 22nd day of October 1840Before

J. W. WalshW Walsh Justice

DianaDiana Cephas CephasDiana Cephas her
mark

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I Luke ELuke E Lawless .LawlessLuke E Lawless , Judge of the CircuitCircuit Court
CourtCircuit Court of St Louis County, being of opinion that
the forgoing petition contains sufficient
matter to authorize the commencement
of a suit, do order as follows.

First. That the said JosiahJosiah , beallowed
to sue as a poor person to establish his
right to freedom, by his next friend
DianaDiana Cephas CephasDiana Cephas , and I do assign as his
counselMessrs Risque, Murdoch & King

Second- That the said JosiahJosiah , and the
said DianaDiana have reasonable liberty to
attend the said counsel and the Court,
as occasion may require, that he be
not removed out of the jurisdiction of the
Court, and that he be not subject to any
severity on account of his application
for freedom. always
that the abovepetitionbe
by affdavit.

L E LawlessL E Lawless

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Petition for freedom

JosiahJosiah a boy of color
by his next friend & mother
DianaDiana Cephas CephasDiana Cephas

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To the Clerk of the Circuit CourtCircuit Court of St LouisSt Louis
Couuty.

The petition of JosiahJosiah Cephas CephasJosiah Cephas a minor under the
age of twenty one years. respectfully represents,
That he is a coloured boy held in slavery by one
JamesJames Scott ScottJames Scott and MurryMcConnellMcConnell and has no guardian that can
appear for him in Court in an action he is about
to bring for his freedom - He therefore prays
that DianaDiana Cephas CephasDiana Cephas his mother may be
appointed his next friend for the purpose of
enabling him to institute an action for his
freedom as aforesaid

JosiahJosiah
by RisqueMurdoch & King
his attys.

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I hereby consent and agree to appear as
the next friend of the above named JosiahJosiah
for the purpose in the above petition
setforth

FF B Murdoch BF B Murdoch MurdochF B Murdoch

DianaDiana her mark Cephas

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State of MissouriMissouri
County of St LouisCounty of St Louis
Ss

On the foregoing petition
of JosiahJosiah Cephas CephasJosiah Cephas & consent of DianaDiana Cephas CephasDiana Cephas
to act as next friend for said JosiahJosiah I do
hereby appoint the said DianaDiana Cephas CephasDiana Cephas
as next friend to act for the said JosiahJosiah Cephas
CephasJosiah Cephas in the Suit for freedom about to

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be instituted against James ScottJames Scott & Murry
McConnellMcConnell .

Jn. RulandJohn Ruland Clerk
St Louis Circuit CourtCircuit Court

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In the circuit court of St. Louis County
November Term 1840

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

JosiahJosiah Cephas CephasJosiah Cephas , by DianaDiana Cephas
CephasDiana Cephas (who is admitted by the Court here to prosecute
for the said Josiah CephasJosiah Cephas , who is a colored boy within
the age of twenty one years, as the next friend of the
said Josiah CephasJosiah Cephas complains of James ScottJames Scott and
Murry McConnellMcConnell of a plea of trespass; for that the said
James ScottJames Scott and Murry McConnellMcConnell , at St. LouisSt Louis, to wit at
the County aforesaid on the first day of September in the year of our Lord One thousand Eight hundred and forty with force and arms assaulted the said plaintiff, and him then and there took and imprisoned
and restrained him of his liberty, and held him in servitude
from the said first day of september in the
year aforesaid, until the twentieth day of october in
the year aforesaid, against the law of the land and against
the will of the said plaintiff and other wrongs to the
said plaintiff within that time did against the
peace . And the said plaintiff avers that he the
said plaintiff before and at the time of the committing
of the said grievances, was, and still is a free person,
and that the said defendant, held and still hold him
in slavery. Wherefore the said plaintiff saith he is
more and hath damage to the amount of ten dollars
and therefore he brings suit do

Risque, Murdoch &King
attys for Plff

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In Circuit CourtCircuit Court of St. Louis County
November Term 1840.

Josiah CephasJosiah Cephas , by his next
friend Diana CephasDiana Cephas
vs
James ScottJames Scott and
Murry McConnellMcConnell

Suit for Freedom
Narr. in Trespass

The clerk of Cir. CourtCircut Court will
issue, summons trespass for False
imprisonment in this cause.

Risque, Murdoch& King
Attys for Plff.

R. M & K.

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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 James ScottJames Scott and
Murry McConnellMcConnell if they be found in
your county that they be and 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. LouisCounty of St Louis, on the third Monday
of November next, then and there to answer unto Josiah CephasJosiah Cephas
who sues by next friend Diana CephasDiana Cephas of a plea of
trespass
to the damage of said plaintiff of ten
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. LouisCity of St Louis, this twenty second day ofOctober in the year of our Lord eighteen hundred and forty

Jn RulandJohn Ruland Clerk

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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Bk 13 p 19. Death ofplffBk 13 p 224. suit abates p 328

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No 361

St. Louis Circuit CourtCircuit Court
November Term 1840

Josiah CephasJosiah Cephas (by next
friend) Diana CephasDiana Cephas
vs
Summons
James ScottJames Scott & Murry
McConnellMcConnell

Trespass: Dam. $10.

Risque: M. & K. p.q.

Filed Oct. 22d 1840

Jn RulandJohn Ruland Clerk

Free>
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Executed this writ in the county of St. LouisSt Louis
on the 26th day of October 1840 by offering
to read it and the declaration to [ Murrey ]
McConnell one of said the defendants, which
he refused to hear. James ScottJames Scott the other defendant not found in my County.

Service $1.00

Non Est .50

$1.50

Marshall BrothertonMarshall Brotherton Sheriff
By Wm S McKnight Depty

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Josiah CephasJosiah Cephas by his next
Friend Diana CephasDiana Cephas
vs
Murry McConnellMcConnell &
James ScottJames Scott

In the St. Louis CircuitCircuit Court
CourtCircuit CourtNovember Term 1840.

And now Murry McConn
ell one of said Defendants by LeslieLeslie Field & FieldLeslie Field
his attorneys comes and defends the wrong and
injury when &c. therefore and for plea says that he
is not guilty of the said several supposed trespasses
mentioned and set forth in the Plaintiffs declaration
in manner and form as the same are above declared
and set forth against him or of any or either
of them or anypart thereof. And of this
he puts himself upon the county for trial

LeslieLeslie Field & FieldLeslie Field

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No 361.

Josiah CephasJosiah Cephas by
Diana CephasDiana Cephas
vs
McConnell & Scott
McConnells plea
LeslieLeslie Field & FieldLeslie Field

Filed Nov 21st 1840

Jn RulandJohn Ruland Clerk

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Joseph Cephas by next friend
Dinah Cephas
vs
MurryMcConnellMcConnell .

In the Circuit CourtCircuit Court of
St Louis County March Tr 1841.

To MessrsRisqueMurdoch & King attys of Record
for the plaintiff in the aboveentitled cause
take notice - that on the 29th day of March AD.
1841 between the hours of eight o'clock in the forenoon
and six O'clock in the afternoon of that
day at the office of Royal Moon Esy a Justice of
the Peace within and for the county of ScottScott and
State ofIllinois IllinoisIllinois at the Town of NaplesNaples in said
County of ScottCounty of Scott depositions will be taken by the under
signed to be read on the trial of the aboveentitled
case on behalf of the Defendants and that the taking
of said depositions if not completed an that
day will be continued from day to day at
the same place and between the same hours
untill completed

St. LouisSt LouisMarch 22nd 1841

Murry McConnellMcConnell
By LeslieLeslie Field & FieldLeslie Field

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I hereby acknowledge that the within notice
was this day served on me and I waive all
further notice


St LouisSt LouisMarch 23 1841.

RisqueMurdoch& King.

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Notice to
RisqueMurdoch &
King.

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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 ofIllinois IllinoisIllinois
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 Murry McConnelMcConnell or 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 Joseph Cephas by his next friend Deana Cephas
as plaintiff and Murry McConnelMcConnell 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 twenty third day of March in the year of our Lord, one thousand eight hundred and thirtyforty one

John RulandJohn Ruland Clerk C.C.
by Warfield Blair deputy

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Depositions taken at the office of Royal MooersMoore Esq at
NaplesNaples in the county of ScottScott state of IllinoisIllinois, between the
hours of eight Oclock in the morning & six OClock in the after
noon of the Seventeenth day of April A. D. 1841 Eighteen hundred forty
one in pursuance of a commission issued from the clerks
office of the circuit court of the county of St LouisSt Louis state of
MissouriMissouriwhich commission is hereunto attached & which
depositions are to be read in evidence upon the trialof cause
now pending & undetermined in said circuit court wherein
JosiahJosiah Cephas CephasJosiah Cephas who sues by his nextfriend DianaDiana Cephas CephasDiana Cephas
is plaintiff & MurryMcConnelMcConnell is defendant on the part
of the defendant.

Royal MooersMoore of lawfull age being produced & being by one the
undersigned ArnoldBuffam an acting justice of the peace
in and for said county of ScottScott state of IllinoisIllinois sworn to
testify the whole truth in nothing but the truth deposeth &
swears as follows to wit;

Question by the defendant to said witness

Was you ever acquainted with a coloured woman called
DianaDiana , and her child Jo or JosephJoseph ? if so, state all you
know in relation to them & particularly in relation to the
said child JosephJoseph .

The said witness in answer to said interrogations
deposeth& sayeth that he was acquainted with the said
DianaDiana & her child JosephJoseph that some time in the year
Eighteen hundred thirty nine they came to the town
of NaplesNaples where said witness was residing, that they
resided in said town/at a tavern then kept by one
Rip B Hughes the most of the time until about the
23d of February Eighteen hundred forty, said Witness
further deposeth& says that at said last mentioned
date & on the 22d day of February 1840 he said Royal
MooersMoore was an acting justice of the peace in and for
said county of ScottScott & state of IllinoisIllinois duly commis-
sioned & qualified as such & that certain proceedings

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were had before him as an acting Justice of the peace as
aforesaid in said county of ScottScott in relation to said
DianaDiana & her said child JosephJoseph & touching their right
to freedom and the question of their slavery which proceeding
as they now appear upon my docket& among the files of
my office are in full force & effect and are in the words
& figures following

Proceedings had before Royal MooersMoore an acting Justice
of the peace in & for the county of ScottScott State of IllinoisIllinois.
wherein the people of the State of IllinoisIllinois upon the relation
of charles CollinsCollins was plaintiff & DianaDiana Cephas CephasDiana Cephas & her son
Joseph Cephas persosn of colour who were claimed as slaves
were defendants,

Affidavit of Complaints

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State of IllinoisIllinois
ScottScott County CountyScott County

Personally came Charles CollinsCharles Collins before
me the undersigned an acting justice of the peaca
within & for said county & made oath that on the
fourth day of July last past 1839, he was the owner
of a negro woman a slave called DianaDiana and of a
negro boy called Joe also a slave that & that on or about that
time said slaves left MissouriMissouri /the state of/ that he is
now informed & believes that said slaves are
fugitive
slaves in the State of IllinoisIllinois owing service to their said
lawful owner &c wherefore he the said CollinsCollins demands
that the said justice of the peace shall hear & determine
said complaints, thus by him here made & grant such
certificate and take such other proceedings in the
premises as the law will justify.

Sworn to & subscribed before me
this 22d day of February A. D. 1840

Signed
Charles CollinsCharles Collins

Signed Royal MooersMoore

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Upon the making & filing of which affidavits of complaints
there is used the following writ to wit

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State of IllinoisIllinois
ScottScott county

To any constable of Scott CountyScott County

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StateIllinois of IllinoisIllinoisfor Personally came Charles CollinsCharles Collins
before me the undersigned an acting justice of the
peace and for said county & made oath that
on the fourth day of duly last past 1839 he was the
owner of a Negro woman a slave called DianaDiana & a
Negro child a boy called Joe also a slave and that on or
about that time the said slaves left the state of MissouriMissouri
& that he is now informed & believes that said slaves are
fugitive slaved in the state of IllinoisIllinois & he the said
CollinsCollins then demanded that the said slaves be arrested
& brought before me as such fugitive slaves & that the
question be here tried as to the fact whether they were such
fugitive slaves & that they be there dealt with as the law
requires & provides in such cases. These are therefore
to command you in the name & the authority of the
people of the state of IllinoisIllinois to take said two slaves
& bring them forthwith before me at my office to answer
said complaint you then & there in this writ.

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Witness my hand & seal this 22d day of February 1840

signed Royal MooersMoore

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Which will was afterwards to wit on the same day
delivered undo the hands of WilliamWilliam Hackett an acting
constable in & for said county to be executed & he the
said constable received the same and afterwards brought
said DianaDiana & said Joe before me as justice of the peace
aforesaid together with said writ upon which there
was then by him made & now appears upon said writ
in my office the following return to wit served
by bringing the Defendents before Royal MooersMoore an
acting justice of the peace &cFebruary 22d 1840

signed Will Hackett c. &c

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And afterwards to wit the same day a trial was had
upon the said complaint & witnesses were examined in
the presence of the said DianaDiana & the said JosephJoseph and
also in the presence of the said complainant CollinsCollins
and upon the hearing of said cause the following order

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made by me a justice of the peace which order
appears in full force upon my docket & is in the words
figures following to wit.

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The people of the state of IllinoisIllinois
upon the relation of Charles CollinsCharles Collins of MissouriMissouri
vs
DianaDiana a woman of colour Joe a child of
said Diana's who are claimed as fugitive slaves

This day came Charles CollinsCharles Collins before me &
made oath that the defendants in this cause were fugitive
slaves from the state of MissouriMissouri and that said
slaves when they left the state of MissouriMissouri were the
property & slaves of said Collines and he then prayed
that the said slaves might be arrested & dealt with as
provided by law. Whereupon a warrant was
issued and was put unto the hands of Will Hackett
a constable who brought said slaves before me and I
having heard the testimony adduced was of opinion
that said defendants were slaves as alledged by the said
Charles CollinsCharles Collins whereupon I made a certificate to
that effect & the said certificate & the said slaves were
then delivered over to the possession of the said CollinsCollins

signed Royal MooersMoore

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Constables & Justices fees
paid by said CollinsCollins

acting justice of the peace of
ScottScott county state of IllinoisIllinois

And the said Royal MooersMoore further answering says that
the said certificate by him granted to the said Chas
Collins as mentioned & stated in the foregoing judgment
and order a copy of which now appears as a part of the
files & record of said case in the office of the said
justices of the peace is in the hands words & figures
following & to wit.

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State of IllinoisIllinois
Scott CountyScott County

Whereas on this day Charles CollinsCharles Collins
caused a Negro woman called DianaDiana and a negro
boy called Joe to be brought before me the undersigned

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an acting justice of the peace in and for said County
changing that they were fugitive slaves from the state
of MissouriMissouri & from him as the owner of said slaves
& I having heard the proofs & allegations in the premises
& it being proven the said persons were fugitive slaves as
alledged by the said CollinsCollins therefore I hereby certify said
facts so to be & hereby authorise the said CollinsCollins or any
other person claiming said slaves through or under
him to take into personal custody said slaves and
each & both of them & to remove them or either or both
of them back to the state of MissouriMissouri or to any other
place or country where by law the owners may have
power to take, possess & own slaves

In testimony whereof I hereunto set my hand
& seal as justice of the peace aforesaid as the county
& state aforesaid this 22d day of February in the year of our Lord One thousand eight hundred and forty

signed, Royal MooersMoore

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The said witness further answering says that said
DianaDiana & said boy JosephJoseph left NaplesNaples some time
after said trial in the possession of said CollinsCollins
claimed by him as his slaves for the City of St LouisCity of St Louis
& that he has not seen said persons since & further
the said MooersMoore sayeth not being no further interrogated

Royal MooersMoore

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State of IllinoisIllinois
scott county

I Arnold Buffam an acting Justice of the peace within & for said county do
hereby certify that the foregoing deposition was reduced
to writing by me in the presence of said Witness Royal
MooersMoore at the time & place on the day & within the hours
on the caption of said deposition set forth & that said
witness then & there in my presence subscribed the
same and before me as justice of the peace as aforesaid
swore to the truth of said answers to said interrogatories

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contained in said deposition,

In testimony whereof I have hereunto set
my hand and seal as justice of the peace at said
place & in said county this seventeenth 17 day of april One thousand eight hundred & forty one.

Arnold Buffam J. P.

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State of IllinoisIllinois
Scott CountyScott County
ss

I A. M. Knapp clerk of the
County Commissioner Court of said County do here
by certify that Arnold Buffum whose sigature ap-
pears to the certificate appended to the foregoing
Deposition, now is, and was on the seventeenth
(17) day of April One Thousand Eight hundred and forty one, and at the time of signing the same, a Reg
ular acting Justice of the Peace in and for the
County ofCounty of Scott ScottCounty of Scott, state aforesaid and that full faith
and credit should every where be given to his
official acts as such, as he is duly commissioned
and qualified according to the Laws of the
state of IllinoisIllinois, as appears of Record in this
office,

Given under my hand and the seal
of said County Commissioners Court
at my Office in Winchester this
(20) (20) Twentieth day April A. D. Eighteen
Hundred and forth One

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A. M. Knapp Clerk
and Ex Officio Recorder
of Civil Commissioners.

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Deposition taken at the office of Royal MooersMoore Esq at
NaplesNaples in the County of ScottCounty of Scott & State of IllinoisIllinois. Between the
hours of Eight oClock in the morning & six oClock in the afternoon
of the Eighteenth day of April AD 1841 Eighteen hundred &
forty one in pursuance of a comission issued from the clerks
office of the Circuit Court of the County of Saint LouisCounty of Saint Louis and
state of MissouriMissouri, which commission is hereunto attached
& which deposition are to be read in evidence upon the trial
of a cause now pending & undetermined in said CircuitCircuit Court
CourtCircuit Court wherein Joe or Joseph Cephas who sues by his next
friend DianaDiana Cephas CephasDiana Cephas is plaintiff & MurryMcConnellMcConnell is defen
-dant on the part of the defendant.

Mark. W. Delahay of lawful age being produced & being by me
the undesigned Royal MooersMoore an acting Justice of the peace in
and for said County of ScottCounty of Scott & State of IllinoisIllinois. Sworn to testify the whole
& nothing but the truth deposeth and swears as follows to wit--â
"Question by the defenant to said witness
was you ever acquainted with a coulord woman called
DianaDiana and her child Joe or JosephJoseph if so state all you
know in relation to them

The said witness in answer to said interrogatory deposeth and
saith That he was acquainted with said negress called DianaDiana
and her said child Joe or JosephJoseph . That he knew them first
in the year Eighteen hundred and Thirty Eight in the state of
MarylandMaryland, and that they were then slaves, and belonged to
one Ann Jane TurpinJane Turpin then a resident of said state of Maryl
-and and further states that said negress DianaDiana was a slave
for life and also her child Joe- "That the said DianaDiana became
the property of the said Ann Jane TurpinJane Turpin by the death
of one Francis Turpin, who died intestate, seized of a large
number of slaves "and who was the father of the said Ann
Jane TurpinJane Turpin " and that by a commission duly appointed by the
Orphans Court of Dorchester County in the said state
of MarylandMaryland, of which County the said intestate was at the
Time of his death a resident thereof. That said DianaDiana

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under said commission was allotted and set appart unto the
said Ann Jane TurpinJane Turpin then a minor together with other
slaves as her portion or distributave share of the said intestate
personal property and that on or about the 17th day of July One Thousand Eight hundred and thirty Eight the
said DianaDiana & her and child Joe or JosephJoseph became the property
of said witness by his intermarriage with the said Ann
Jane TurpinJane Turpin and the deponant further deposeth and
saith, on or about the 1st of June Eighteen hundred and
thirty nine he left the state of MarylandMaryland in Company with
Ann Jane Delahay his wife-formally Aann Jane TurpinJane Turpin
bringing with them the said DianaDiana and her said child
Joe to the city of Saint LouisSt Louis in the state of MissouriMissouri "and That afterwards to wit"

On or about the forth day of July of said year he The
said witness sold said negro slaves DianaDiana and her
said child Joe to one CharlesCharles Callins of the city of
Saint LouisSt Louis for the sum of Eleven hudnred Dollars
at whose house said slaves had been remaining for some-
time and where also the wife of said witness then was
and where she had been confined to her bed sick requireing
care and almost constantnursing- "and that the
said DianaDiana was her principal nurse, and had been
from her infancy up "and That on or about the
six or seventh day of July in the same last mentioned
year, said witness left with his wife for the Town of
NaplesNaples afforesaid and that the said DianaDiana was they
sun by said witness and her said child Joe an
of the same steam Boat upon which said witness
and his wife had embarked Then bound for the IllinoisIllinois
river- "and that she the said DianaDiana came of her
own free will and accord bringing with her the
said child Joe - "and that she was notasked to come
nor was their any inducements held out to her by said
witness- "and that she came away without the consent

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or knowledge of her said former master,"said witness further
states that at the time he sold said slaves to said
CharlesCharles Collins CollinsCharles Collins he did not in his title of guarantee
agree to warrant the title unto the said Callins, under
all and every circumstance which might occur, "but
the only intended to warrant unto the said CollinsCollins the
which, he himself was professed of vig that said negroes
were slaves for life and that the he would warrant
and defend the same against all lawful
"said witness further saith-That
he frequently insisted on her returning to Saint LouisSt Louis
City. but that she alway refused an to do "and that
shortly after said witness arrived at NaplesNaples with his
family he received a letter from the said CharlesCharles Collins CollinsCharles Collins
abusing said witness in a sevear manner charging
said witness of taking said DianaDiana & her child Joe
or JosephJoseph from his in his absence and bringing them
to IllinoisIllinois and requesting said witness to cause said
slaves to be brought back to Saint LouisSt Louis immediately,
"and further the deponant saith not being no further
interrigated

Mark. W Delahay

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State of IllinoisIllinois
Scott CountyScott County

I Royal MooersMoore a acting justice of the
peace within and for said do hereby certify
that the foregoing deposition was reduced to writing by me
in the presence of said witness Mark W Delahay at the
time & place on the day & within the hours in the caption of
said deposition setforth & that said witness then & there in
my presence subscribed, the same and before one as Justice of
the peace as aforesaid sworn to the truth of said answers to said
interrogatories contained in said deposition

In Testimony whereof I have hereunto set my hand and
seal as Justice of the at said peace of & in said county
this Eighteenth day of April One Thousand eight hundred and forty one (1841)

Royal Mooers

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State of IllinoisIllinois
ScottScott County CountyScott County

KnappClerk
of the County Commissioners Court of said CountyCounty of Scott
ofCounty of Scott ScottCounty of Scott do hereby certify that Royal MooersMoore
who has appended his official certificate to
the foregoing Deposition of Mark W Del
ahay, now is and was at the time of
said certificate, viz, or the date which
appears therein, a regular acting Jus
tice of the Peace in and for the CountyCounty of Scott
of ScottCounty of Scottduly commissioned and qualified
according to the Laws of this state, and
that full faith and should ev-
ery where be given to his official
acts as such.

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Witness N.M. Knapp Clerk of
said court and Ex Official
Recorder of Civil Commissions
together with the County Commrs
seal hereunto attached at
Winchester (20) Twentieth day
of AprilAD Eighteen Hundred &
forty One

Knapp Clerk

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Opened & filed April 24 1841

Jn. RulandJohn Ruland Clerk

Jos: Cephas (by next friend
vs Dep for
Murray McConnell

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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 the State ofTerritory of
IowaIowa
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 JosiahJosiah Cephas
CephasJosiah Cephas by his next Friend Diana CephasDiana Cephas is - -
plaintiff and James ScottJames Scott and Murry
McConnellMcConnell are defendants all
and every such person, and at such time and place, as shall be named to you for that purpose by
the said plaintiff her
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 offi-
cial 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 address-
ed,) 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 CircuitCircuit Court
CourtCircuit Court in and for the County of St. LouisCounty of St 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. LouisCity of St Louis, this day of
in the year of our Lord one thou-sand eight hundred and forty one.

Jn. RulandJohn Ruland

Clerk C.C.
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Opened & filed Oct 7th 1841

Jn RulandJohn Ruland Clerk

Josiah CephasJosiah Cephas by
his next friend DianaDiana Cephas

CephasDiana Cephas
vs
James ScottJames Scott & MurrayMurray McConnell
McConnellMurray McConnell

Dedimus to IowaIowa
to take Depositions on
13 July 1841 at the
House of L B Fleak, Keokuk

Postage 93 3/4 cts

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Josiah CephasJosiah Cephas by his next
friend Deana Cephas
vs
JamesJames Scott ScottJames Scott & Murry McConnellMcConnell

In the St. Louis CircuitCircuit Court
CourtCircuit Court State ofMissouri
MissouriMissouri
No 361 of Nov. Term 1840

To the defendants above named

You are hereby notified
that depositions of Witnesses to be read in evidence
in the above Cause on the part of the plaintiff
will be taken at the office house of Mr. L. BL B Fleak .
FleakL B Fleak in the town of Keokuk in the CountyCounty of Lee
of LeeCounty of Lee in the Territory of IowaIowa on the thirteenth day of July next between the hours of Eight
O'Clock in the forenoon and six O'Clock in
the afternoon of said day. 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, till completed.
St. LouisSt LouisJune 18th 1841.

A King & Atty p. q.
F. BF B Murdoch .MurdochF B Murdoch )

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I hereby acknowledge service of the above notice and
waive the service thereof on the said defendants.
And I agree that the depositions taken in pursuance
of the above Notice shall also be read
in Evidence on the trial of the case between
Diana CephasDiana Cephas vs JamesJames Scott ScottJames Scott No. 254 of November
1840 in the Circuit CourtCircuit Court of St. Louis County.
Saving exceptions to the regularity in taking said
depositions

Miron Leslie Atty for
Defendant

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Deposition of Ross B. Hughes of the County ofCounty of Lee LeeCounty of Lee
in the Territory of IowaIowa taken on the 13th day of July A.D. 1841. between the hours of 10 O. clock A.M. & 6 O. Clock
P.M. of said day at the Office of L Fleak pur-
suant to the enclosed notice to be read in evidence in
a cause pending in the Saint Louis Circuit CourtCircuit Court in
the State of MissouriMissouri between Josiah CephasJosiah Cephas by his
next friend DianaDiana Cephas CephasDiana Cephas plaintiff and James ScottJames Scott
and Murry McConnelMcConnell defendants as follows: The said
Ross B Hughes doth depose and say that on the 7th day of July AD 1839 Hask W Delahay arrived at
NaplesNaples IllinoisIllinois and took lodgings at the NaplesNaples
House kept at that time by the deponent and
W R J Duryee. The said Delahay had in company
his Lady and Negro servant DianaDiana and her son
Josia, DianaDiana was at that time as near as I (deponent) can
Judge about thirty two years old and her son
Josias about fourteen months old, The said Del-
ahay asked deponent what he would give per
week per the service of DianaDiana , Deponent Told him
that he would give him whatever she was worth
Delahay then said she was worth $2 per week
deponent told him that she was not worth that much
to deponent & he would not give it but that he would
give, as he had before stated what she was worth;
upon those consideration DianaDiana went to work for
deponent, at that time he considered himself bound to
Delahay for the wages of DianaDiana part of which he paid
in furnishing her clothes, she remained in the employ of
the deponent four weeks, (Delahay there went to housekeeping and kept house about three weeks, at which time his lady died
and Delahay, Dina & her son returned to deponents house
where they stayed about three months, DianaDiana at the sametime
working for deponent according to Delahay's instructions
while Delahay, Diana & her son was at deponents house Charles
Collins

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Collins came there three times once having his Lady with him
each time he inquired if Deana & her son were still living
with the deponent, He (CollinsCollins ) saw DianaDiana each time and
spoke to her. The last time, CollinsCollins was at the house, deponent
thinks he stayed three days and on the evening of the
third day & on the evening of the third day he (collins) left
for St LouisSt Louis & on the evening of the same day that CollinsCollins
left the Constable of Naples called on deponent and said
he had a writ for DianaDiana , Deponent asked him the nature
of the writ, Constable said that Murry McConnelMcConnell was
at the Squire's office and Claimed the negro DianaDiana
deponent went to the office & heard the trial and DianaDiana
was there proven Collins' Slave, Murry McConnelMcConnell
being attorney for CollinsCollins , Murry McConnelMcConnell left
for St LouisSt Louis the same night taking DianaDiana & her son
with him, Deponent saw said McConnelMcConnell register his
name on the books of the Boat ``Murry McConnelMcConnell
& Servant'' deponent stated before that he thought
CollinsCollins left on the evening of the trial - is not certain
whether he went before the trial or afterwards with
McConnelMcConnell and DianaDiana - Deponent did not pay Dela-
hay any wages for DianaDiana on account of Collins' claim-
her as his property with the exceptions of the clothes
he furnished her while living with him, amounting
to ten or Fifteen dollars and further the deponent
saith not

Ross B. Hughes

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Territory of Iowa
Lee County Ss

I L. B. Fleak Justice of the Peace do hereby cer-
tify that Ross B Hughes whose name is subscribed to
the above deposition was by me sworn to testify the
truth, the whole truth & nothing but the truth as a witness
in the above named cause and that the foregoing depo-
sition by him subscribed was reduced to writing by me
and

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and taken at the time & place specified in the enclosed notice
at my office in Keokuk Lee County & Territory of IowaIowa
that Ross B Hughes is @ resident of the County & Territory
aforesaid Given under my hand and seal this
13th day of July AD 1841

L. BL B Fleak . FleakL B Fleak J. P

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IowaIowaTerritory Lee County

hereby certify that
I, O. S. K. Peck Clerk of theDistrict CourtCircuit Court within
and for said County do hereby certify that L. BL B Fleak . FleakL B Fleak

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Territory Of Iowa, Lee County, Ss.

I, O.S.X. Peck Clerk of the District CourtCircuit Court , within and
for the County ofCounty of Lee LeeCounty of Lee in the Territory of IowaIowa, which said Court is a
Court of Record, do hereby certify that L. BL B Fleak . FleakL B Fleak
Esquire, whose name is subscribed to the foregoing annexed Certificate of Acknowledgment
was at the time of his signing the same, and now is, a Justice of the Peace within and for
the county aforesaid, duly commissioned and qualified, and acting in that capacity, and that
full faith and credit are due to all his acts as such.

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In testimony whereof, I hereto set my hand and affix the
seal of said Court, at office, in FortMadisonMadison
in the County and Territory aforesaid, this 16th day of July A. D. 1841

O. S. X. Peck Clerk

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JosiahJosiah Cephas CephasJosiah Cephas by
his next friend
Diana CephasDiana Cephas vs
JamesJames Scott ScottJames Scott &
Murry McConnellMcConnell

Justices
fees
SwearingWitnesses
TakingDeposition 1.75
Transferring Deposition 25
Witness fee 54
Clerk & fee 38 1/2
$ 2.93 3/4

L B Fleak J. P. Lee Cou. C. C.

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Fee Bill