Jonathan, a man of color v. Marshall Brotherton, Joel Darrah, and Aza Willoughby
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To the Hon. Bryan MullanphyBryan Mullanphy of the Circuit
Court of the County of St. LouisCounty of St Louis, State of MissouriMissouri

The petitioner of JonathanJonathan , a man of color, aged
about thirty four years respectfully represents, that
he was born a slave in the
state of VirginiaVirginia, and brought by his master Edward
Gleason to White CountyWhite County TennesseeTennessee, where he continued
to reside with said Edward Gleason as his slave
until his death, when your petitioner on the division
of said GleasonGleason estate among his children, became
the property of James Gleason one of EdwardEdward Gleasons
sons, that said JamesJames D Gleason DJames D Gleason GleasonJames D Gleason moved to
the state of IllinoisIllinois, and in the year eighteen hundred
and thirty one brought your petitioner to St LouisSt Louis in
the state of MissouriMissouri and hired him out and
the wages of his hire, that said James D GleasonJames D Gleason ,
resided in the County of MadisonMadison in the state of
IllinoisIllinois until the year eighteen hundred and thirty five
he then died, that frequently the time your
petitioner came to St. LouisSt Louis in MissouriMissouri in the year
eighteen hundred and thirty one to the time of the death
of the said JamesJames D Gleason DJames D Gleason . GleasonJames D Gleason , your petitioner was taken
to the state of IllinoisIllinois by his master and there held
to labor, that on one occasion, he was taken by the
said James DJames D Gleason GleasonJames D Gleason in the year eighteen hundred
and thirty two or three, from St. LouisSt Louis in MissouriMissouri, and
brought to his GleasonGleason farm in MadisonMadison
County IllinoisIllinois, where he remained for a period of
about eight months at labor for the said GleasonGleason as his
slave - that in the year eighteen hundred and thirty
five said GleasonGleason died leaving a widow, now intermarried
with WilloughbyWilloughby , and a son now
living WilliamWilliam GleasonGleason - that the said WilloughbyWilloughby
married said widow in eighteen hundred and thirty eight

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that shortly after this marriage, a seperation
took place between them on account of the bad conduct
and habitual, of the husband
and a bill for divorce at the suit of the wife
Eleanor Willoby is now defending in the MadisonMadison
Circuit CourtCircuit Court , IllinoisIllinois - that at the present
term of the St. LouisSt Louis Court of Common Pleas one
JoelJoel Dannah obtained judgment against said
Aza WilloughbyAza Willoughby and an execution was issued
and a levy made upon your petitioner
as Aza Willoughbys property, by the Sherrif of
St. Louis County Marshall BrothertonMarshall Brotherton , in whom
custody he now is confined in the jail of said County,
although your petitioner never was in said Aza Willoughbys
possession, nor has he ever received any portion
of your petitioners wages as he claims. Under these
state of facts your petitioner believes that he is
entitled to his freedom, and with the full consent
of the widow of James DJames D Gleason . GleasonJames D Gleason now the wife of
said AzaAza Willoughby WilloughbyAza Willoughby , who is guardian of her only child
living, by her first husband, he prays your honor to
allow him to sue as a poor person in order to
establish his right to freedom.

JonathanJonathan

&

his mark

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State of MissouriMissouri
St. Louis County ss

JonathanJonathan a man of color
being sworn says, that the facts set forth in the
forgoing petitioner are just true

sworn to & submitted the
16th September 1841
before me
JonathanJonathan

X

his mark
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Alphonso WitmoreAlphonso Witmore
Justice of the peace.

I BryanBryan Mullanphy MullanphyBryan Mullanphy , Judge of the Circuit court
of St Louis County, being of opiniion that the
foregoing petition contains sufficient matter
to authorize the commencement of a suit, do
make the following orders.

First. That JonathanJonathan a man of color be allowed
to sue as a poor person to establish his right
to freedom, and do assign Messrs King & Murdoch
as his counsel.

Second. That the person JonathanJonathan have reasonable liberty
to attend his 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.

Bryan MullanphyBryan Mullanphy Judge 8th Jud. Cir. of Mo.

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State of MissouriMissouri
St Louis County ss.

The facts set forth in the forgoing petition are just and
true and my full consent is hereby given to Jonathans
suit for freedom.

Eleanor WilloughbyWilloughby

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rit for Petitioner
Wm Brady
Alfred SparksAlfred Sparks

George F. Shaw

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In the Circuit CourtCircuit Court of St Louis County
State of MissouriMissouri
St Louis County ss.

JonathanJonathan , a man of color, complains
of Marshall BrothertonMarshall Brotherton , Jose Darrah
and Aza WilloughbyAza Willoughby , of a plea of trespass, for
that the said defendants on the fifteenth day of September eighteen hundred and forty one
with force and arms assaulted the said plaintiff
to wit at the County aforesaid, and then and there
beat, bruised and illtreated him the said plaintiff
and then and there imprisoned him the said
plaintiff and kept and detained him in prison
there, without any reasonable or probable
cause whatsoever for a long time to wit, for
the space of twelve hours, contrary to the laws
of the said state and aganist the will of
the said plaintiff- And the said plaintiff
and declares, that before and at the
time of the committing the said grievence
by the said defendants, he was and still is
a free person and that the defendants held
and still hold him in slavery.

Wherfore the said plaintiff says he is injured
and hath sustained damage to the
amount of dollar and therefore he brings suit .

KingKing

&

for plff

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In Circuit CourtCircuit Court of St LouisSt LouisCo..
November Term 1841

JonathanJonathan , a man of color
vs
Marshall BrothertonMarshall Brotherton

JoelJoel Darrah and
Aza WilloughbyAza Willoughby
Narr in false imprisonment
suit for freedom

The clerk will issue
summons in this
entitled cause, directed
to the Coroner of St Louis
County.

King & Murdoch
attys for plff>

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The State Of MissouriMissouri,

County of St. LouisCounty of St Louis, ss.

To the Coroner of St. Louis County-Greeting:

We command you to summon Marshall BrothertonMarshall Brotherton , JoelJoel Darrah and AzaAza Willoughby WilloughbyAza Willoughby if they
be found in your County, that they be &
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, on the third Monday
of November next, then and there to answer unto petition
of Janathan, a man of color, of a plea of
trespass
to the damage of said plaintiff of one
dollar: And have you then there this writ.

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

John RulandJohn Ruland

Clerk.
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I. Bryan MullanphyBryan Mullanphy Judge of the Circuit CourtCircuit Court of St. Louis County
being of opinion that the foregoing petition contains sufficient
matter to authorize the commencement of a suit, do make the
following orders.

First that JonathanJonathan , a man of color, be allowed to sue as a poor
person to establish his right to freedom, and do assign King & Murdoch as his counsel.

Second. That the person JonathanJonathan , have reasonable
liberty to attend his counsel and the court as occasion
may require; that he be not removed out of the jurisdiction of the

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Court, and that he be not subject to any severity on account of his
application for freedom.

Bryan MullanphyBryan Mullanphy Judge 8th
Jud.Cir. of Mo

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Executed this writ on Marshall BrothertonMarshall Brotherton in St Louis
County on the 17th day of September 1841 by offering
read the within Petition and Summons to him and
he refusing to hear the same JoelJoel Darrah & Aza WilloughbyAza Willoughby
not found in my County Esrom Barery

Coroner of St Louis County
fees $2.00

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no 32

St. Louis Circuit CourtCircuit Court
November Term 1841

JonathanJonathan , (of color)
vs
Summons to coroner
Marshall BrothertonMarshall Brotherton , JoelJoel
Darrah & Aza Willanghby

Suit for freedom dams $1:00

King & Murdoch

Filed 17th September 1841

Jn. RulandJohn Ruland Clk


free
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verdict for plff Bk13 p 557Mo for new trial ovld12 p 424

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JonathanJonathan (of color )
vs
Marshall BrothertonMarshall Brotherton
JoelJoel Darrah and
Aza WilloughbyAza Willoughby ,

St. Louis Circuit CourtCircuit Court.

Take Notice, That on the thirtieth day of September in the year of our Lord one thousand eight hundred andforty one between the hours of
eight, in the forenoon andsix in the afternoon, of that day, at
the office of Louis S. Labeaume in the
City of St Louis, County of St Louis, state of
MissouriMissouri
depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the plaintiff; and that the taking of said depositions, if not completed
on that day, will be continued from day to day, at the same place and between the same hours,
until completed.
To the above named Defendants

King

&

Murdoch attys for Plff

St LouisSt Louis25 Sept 1841

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JonathanJonathan (of color)
vs
Marshall BrothertonMarshall Brotherton
JoelJoel Darrah &
Aza WilloughbyAza Willoughby

Noticed to take
Deps.

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I awknowledgeserved of copy of this notice on M. BrothertonM Brotherton
St LouisSt Louis25 Sept 1841

F. BF B Murdoch . MurdochF B Murdoch

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I also put a copy of this notice in Clerk's office CirCircut Court .CourtCircut Court
St LouisSt Louis the same up . 25 Sept 1841

F. BF B Murdoch . MurdochF B Murdoch

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I left a a copy of this notice in the office of H. S. Geyer with CharlesCharles C.
a white person over the age of 21 years. The 25 sept 1841. W Geyer is
not yet atty of reason in this case, no atty bring marked, but he is atty for
Darrah is Exn v WilloughbyWilloughby and supposing that he would appear atty
I have left this notice.

FF B Murdoch .BF B Murdoch MurdochF B Murdoch

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Opened & filed 29 October 1841

Jn RulandJohn Ruland Clk

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JonathanJonathan (of color)
vs
Marshall BrothertonMarshall Brotherton JoelJoel Darrah &
Aza WilloughbyAza Willoughby

Depostions for plff

Justice LabeaumeLabeaume

Fee $1.
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Deposition of a witness produced sworn and examined, at the
office of Louis LabeaumeLabeaume in the City County ofCounty of St Louis St LouisCounty of St Louis, MissouriMissouri
before me Louis LabeaumeLabeaume a justice of the peace for the
county aforesaid, in a certain cause pending in the
St. Louis Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis in the state
of MissouriMissouri, between JohnathanJohnathan (of color) plaintiff
and MarshallMarshall Brotherton BrothertonMarshall Brotherton , JoelJoel Darrah & Aza WilloughbyAza Willoughby
defendants, on the part of the plaintiff

SamuelSamuel JacksonJackson of lawful age being produced
sworn and examined deposeth and saith that
he has been living in St LouisSt Louis, and about the County
seventy two years, I know the plaintiff
JohnathanJohnathan for about years, I have
seen him to day two or three times, A
Mr. James Gleason brought the plaintiff
to this County from TennesseeTennessee, that
GleasonGleason settled in MadisonMadison County IllinoisIllinois
about four miles from the River, Gleason,
took JohnathanJohnathan whom he claimed as a
slave over and to his farm in IllinoisIllinois &
kept him there six or eight months, at
labor - Deponent has frequently seen
said JohnathanJohnathan plaintiff working on the
farm of GleasonGleason splitting rails, &
chopping wood, - I remember of said
JohnathanJohnathan being hired out to one BradyBrady in
IllinoisIllinois, at twenty five cents for one day, by
his master, that is the only time I knew
of his being hired out, I was living at the
time in IllinoisIllinois, BradyBrady a neighbour

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and brother in law of James Gleason after
JohnathanJohnathan had months
in IllinoisIllinois, he was brought to this state &
hired to Danie D Page by said GleasonGleason
I actually sawJohnathanJohnathan at work in this
City for said Page - At the time JohnathanJohnathan
was laboring in IllinoisIllinois, he was a healthy
and able bodied man and further
this deponent saith not

Saml JacksonJackson

Sworn to and subscribed
before me this 30th day of Sept 1841
Louis

Labeaume J P.

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State of MissouriMissouri
County of St. Louis

I Louis LabeaumeLabeaume
a justice of the peace within and for the
County aforesaid, do hereby Certify that
SamuelSamuel JacksonJackson the deponent was by me
sworn to testify the whole truth of his
knowledge touching the matter in Controversy
in the cause aforesaid: that deponent was
examined and his examination by me reduced
to writing and subscribed by said deponent in my
presence on the 31st day of September 1841,
and between the hours of eight o clock in the forenoon
and six o clock in the afternoon of said
day, at my office, in the City & CountyCounty of St Louis
of StCounty of St Louis LouisCounty of St Louis, State ofMissouri MissouriMissouri.
Given under my hand this day of October 1841

Louis LabeaumeLabeaume Justice

.
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JonathanJonathan a man of Color
vs
Marshall BrothertonMarshall Brotherton
JoelJoel DarrahAzaAza Willoughby WilloughbyAza Willoughby

St. Louis Circuit CourtCircuit Court
No. November Term 1841

And the said defendant
MarshallMarshall Brotherton BrothertonMarshall Brotherton by
his attorneys comes & defends the force & injury when
&c says that he is not guilty - of the said suppo
sed trespass above laid to his charge or any part
thereof in manner form as the said plaintiff
hath above complained of and him to
& of this he puts himself upon the County &

Geyer

&

Dayton
Defts attys

And the plaintiff doth the like

FF B Murdoch .BF B Murdoch . MurdochF B Murdoch
for plff

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No. 32

St. LouisCircuit Court Circuit CourtCircuit Court

JonathanJonathan a man of color
vs
MarshallMarshall Brotherton BrothertonMarshall Brotherton

Plea not guilty

Geyer & Dayton
Defts attys

Filed November 15 1841

Jn. RulandJohn Ruland Clerk

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County of St LouisCounty of St Louis, ss.

The State Of MissouriMissouri,

To Francis Gleason & AlfredAlfred Sparks SparksAlfred Sparks
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 31st day of August 1842
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 JonathanJonathan (of Color) is
plaintiff and MarshallMarshall Brotherton BrothertonMarshall Brotherton is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

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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 StCity of St Louis.
LouisCity of St Louis, this 30th day of Augustin the year of our Lord one thousand eight hundred and forty-two.

Jn. RulandJohn Ruland

Clerk C.C.
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in the County of St. LouisCounty of St Louis

Served this Subpoena by reading it to
Francis Gleason & AlfredAlfred Sparks SparksAlfred Sparks the
31 August 1842WilliamWilliam Milburn MilburnWilliam Milburn Sheriff

Fee $ 1.00 by

Richard H Pitts Dpty.

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JonathanJonathan
vs
BrothertonBrotherton

writ

x

Francis Gleason

x

Alfred SparksAlfred Sparks

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County of St. LouisCounty of St Louis, ss.

The State Of MissouriMissouri,

To SamuelSamuel JacksonJackson
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 31st day of August 1842 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 JonathanJonathan (of Color) is
plaintiff and MarshallMarshall Brotherton BrothertonMarshall Brotherton is
defendant on the part of the plaintiff
and herein you are in no wise to fail.

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Witness, John RulandJohn Ruland , Clerk of our said Court, with the
seal thereof hereto affixed, at office, in the city of St. LouisSt Louis,
this 30th day of August in the year of our Lord one thousand eight hundred and forty-two

Jn. RulandJohn Ruland

Clerk, C.C.
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JonathanJonathan of Color
vs
Marshall BrothertonMarshall Brotherton

witness

SamuelSamuel JacksonJackson

To appear31 Aug. 1842
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County of St. LouisCounty of St Louis, ss.

The State Of MissouriMissouri,

To George F GleasonGeorge F Gleason
Greeting:

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court ,forthwith
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 JonathanJonathan (a man of color is)
plantiff and Marshall BrothertonMarshall Brotherton is
defendant on the part of defendant
and herein you are in no wise to fail.

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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 thirty first day of august in the year of our Lord, one thousand eight hundred and forty

Jn. RulandJohn Ruland

Clerk, C.C.
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JonathanJonathan a man of
color
vs
Marshall BrothertonMarshall Brotherton

Sub

George F GleasonGeorge F Gleason
forthwith

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Executed this writ in the CountyCounty of St Louis
of St LouisCounty of St LouisAug : 31st 1842 by reading
it to within named witness

Fee 50

WilliamWilliam Milburn MilburnWilliam Milburn Sheriff


by

Richard H. Pitts
Deputy

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JonathanJonathan a man of color
vs
Marshall BrothertonMarshall Brotherton implead
JoelJoel Darrah AzaAza Willoughby
WilloughbyAza Willoughby

The defendant by
his attys moves the court to set aside
the verdict of in this court
grant a new trial for the following reasons
That the verdict is against law
That the verdict is against law &
That the verdict is against the weight
of evidence

That the court gave
wrong instructions to the jury

That the defendant was suprised or
by the of testimony
against agreement with plaintiff's counsel

Geyer & Dayton
Defts aty

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JonathanJonathan a man of color
vs
Marshall BrothertonMarshall Brotherton

Motion Reasons for
a new trial

Geyer & Dayton
Defts atys

Filed September 1st 1842

Jn RulandJohn Ruland Clerk

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If the jury find from the evidence that
the defendant did not hold or detain
the plaintiff otherwise than as sheriff
and by virtue a writ of execution to him
directed that at the time of the levy
the plaintiff was held as a slave
by the defendant in the execution, the
jury ought to find for the defendant
in this action

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If the Defendant laboured in IllinoisIllinois whether
voluntarily or under coercion ; either is a introduction
of slave labour into IllinoisIllinois such as forfeit
the right of the master to the slave in case
the master knew of such labouring and assented
thereto, unless such labouring took place
while the master was taking or sending such slave
[ thro ] the state of IllinoisIllinois
The object of the prohibition is to prevent the prohibition is to prevent the introduction,
of slave labour into IllinoisIllinois not to prevent a
master from coercing his slave.

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If the jury believes from the evidence that the plaintiff
went or was taken to & remained in the state
of IllinoisIllinoistemporarily merely for the benefit of his health
or upon a visit to his owner & while there for
that purpose did not taking him act as a
slave under the coercion of his owner they
will find for the defendant

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JonathanJonathan of color
vs
MarshallMarshall Brotherton BrothertonMarshall Brotherton

The plaintiff asks the following
instructions.

1. If the jury believes from the evidence that JamesJames D Gleason D GleasonJames D Gleason
being a resident of MadisonMadison County IllinoisIllinois and the owner of JonathanJonathan the plaintiff as his slave, brought
him from the state of TennesseeTennessee into the county of MadisonMadison
in the state of IllinoisIllinois and there held him to labor and service
for several months that they will find for the plaintiff [oververtical ]

2.If the jury believe from the evidence that said GleasonGleason being
the owner of the plaintiff as his slave, took him from a
state in which slavery is allowed, to MadisonMadison County in the
state of IllinoisIllinois and there permitted the said JonathanJonathan , to
remain for several months at a time whether at work or not
that he is entitled to his freedom and they will find for the
plaintiff [oververtical ]

3.If the jury believe from the evidence that said GleasonGleason being
a citizen and resident of MadisonMadison County in the state of IllinoisIllinois and
owner of the plaintiff as his slave, whom he had hired in the city of
St LouisSt Louis in MissouriMissouri brought the said plaintiff while labouring under
disease and sickness from St LouisSt Louis in MissouriMissouri to MadisonMadison
County in IllinoisIllinois and there kept him for several months until his
recovery, that they will find for the plaintiff. [oververtical ]

4.If the jury believe, that the said GleasonGleason being the owner of
the said JonathanJonathan as his slave, kept the said JonathanJonathan in
MadisonMadison County IllinoisIllinois whether before his sickness or after his
recovery at labor for himself or permitted him there to remain
at labor for his Jonathan's benefit that they will find
for the plaintiff. [oververtical ]

5. That by the ordinance of of 1787 and the constitution
of the state of IllinoisIllinois slavery is prohibited in the territory
which forms that state and although the owner of a slave
may without affecting his rights in his slave while travelling
carry his slave property through that state yet there is
nothing in the law that justifies the idea that IllinoisIllinois[oververtical ]

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is a slave hospital or that the master or owner
being there can in case of sickness of his slave, move
him from a state in which slavery is allowed to
IllinoisIllinois for the purpose, of attending to his recovery
unless it be shown that it be absolutely necessary for his
recovery.

6. If the jury believe, that JamesJames D Gleason D GleasonJames D Gleason being the
owner of the plaintiff as his slave, permitted him to
go MadisonMadison county IllinoisIllinois and there to remain
for several months or allowed him there to remain
they will find for the plaintiff although it may be
shown that said plaintiff went there or remained
there voluntarily and did not there under the
coercion of his master. [oververtical ]

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JonathanJonathan (of color)
vs
MarshallMarshall Brotherton BrothertonMarshall Brotherton
impleaded &c

Circuit CourtCircuit Court St Louis
County.

We the jury upon our oaths do find
the defendant guilty of the trespassesgrievances
and false imprisonment, in manner and form as
the said plaintiff has alledged against him

W G Whitfield Foreman

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GeorgeGeorge F Gleason F GleasonGeorge F Gleason stated, in
my Presence & in the presence
of W Dayton that he knew the
plaintiff JonathanJonathan a man of
color - that said JonathanJonathan
was brought from the state of
TennesseeTennessee by the brother of
said GleasonGleason - & was the property
of his brother at the time of
his death - GeorgeGeorge F Gleason F GleasonGeorge F Gleason
came to St LouisSt Louis at the same time
that said JonathanJonathan came
that the said JonathanJonathan injured
his foot or leg in some way
& became sick & helpless in
& that his
Brother sent him into IllinoisIllinois
for the purpose of having him
cured of his lameness &
illness- that said JonathanJonathan
recovered for some time
perhaps 6 or 8 months waited in IllinoisIllinois
but could not say precisely
how long that while said
JonathanJonathan was in IllinoisIllinois he
was sick most of the time that
said JonathanJonathan hired himself
to labor for a short time to
W Gleason stated to
whom but I cannot recollect
the name to gather corn that
said JonathanJonathan received pay
himself for his service

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GeorgeGeorge F Gleason F GleasonGeorge F Gleason said that he knew
that his mother never hired
out said JonathanJonathan in the state
of IllinoisIllinois knows also that
his brother did not receive
the wages of said JonathanJonathan
for any services said
JonathanJonathan rendered in Illinios
said he know also that his
brother did not know that
said JonathanJonathan had engaged
his services to anyone
in IllinoisIllinois until after
the said JonathanJonathan had
returned to MissouriMissouri
W Gleasonalso stated that JonathanJonathan
while he was in IllinoisIllinois frequently
assisted in the business
labor of the farm where he was
staying but he did so volun
tarily at his own instance
W Gleason said he knew
the facts above stated from the fact
that he was with his
brothers affairs lived immediately
adjoining the farm where said
JonathanJonathan was staying and saw
said JonathanJonathan about every
day while he was in IllinoisIllinois