Rebecca, a negro woman v. James Black, Thomas Horine, and George Mellody
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To the Hon. the Judge of the St Louis CircuitCircuit Court
CourtCircuit Court .

The petition of RebeccaRebecca , a negro woman
aged about twenty two respectfully showeth to your
honor that she was born a slave in the state of
MissouriMissouri and hired in the family of her master one
Judge William JamesWilliam James , until the marriage of EmilyEmily
the daughter of said JamesJames to one JamesJames Black, who
with his wife said EmilyEmily went to VandaliaVandalia in the
State ofIllinois IllinoisIllinois to reside and then took your
petitioner with them, and there kept and held your
petitioner as a slave to labor for several years
that after the death of said EmilyEmily wife of said
Black, your petitioner was hired out to one
WilliamWilliam Douglass and lived with him at Kaskas-
kia also in the said state of IllinoisIllinois, with whom
she resided for some time and performed labor and
service as a slave under the said hiring that after
wards she returned to the residence of the said Judge
William JamesWilliam James at StSt Genevieve GenevieveSt Genevieve in the State ofMissouri
MissouriMissouri, with whose family she remained about
a year, and was then taken from StSt Genevieve GenevieveSt Genevieve in the
said state of MissouriMissouri by Mrs Masia Field also
a daugther of said Judge William JamesWilliam James , to the
town of Quincy in the State of IllinoisIllinois and then held
to labor and service from the fall of eighteen hundred
and thirty six until the spring of eighteen hundred
and thirty seven, when she was bought by one GeorgeGeorge
Wolf to the city of St LouisSt Louis within the jurisdiction
of said court, and there hired out as the slave of said
Black to one Lewis Matlock. Petitioner for this states
that to the July term eighteen hundred and thirty eight
of said court, by of the Hon. judge thereof she institu-

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a suit in own to establish his right to freedom against
said JamesJames Black and said Mallock, and one
HarrisHarris L LHarris L . to attend to the same as her attorney
and to whom she paid at sundry times sums of money
amounting in all to about fifty Dollars or more, as a
for in said cause for his services : that within a four
days she has ascertained that the said utterly
neglected her in said , and that at the
Last July term of said court, on the calling of said
cause for trial, it was dismissed and a nonsuit
entered, because the said was not in attendance
as this affiant belives of upon said court to pros-
ecute the same for this petitioner - and that said non-
suit was owing wholly to the gross neglect of said attorney
and not in any manner to this petitioner she further
states that had she known that the said cause was for
trial at the last July term of said court, she could and
would have been ready for trial as there then was and
now is evidence to be had in the city of St LouisSt Louis of the
as of petitions in the State of IllinoisIllinois as alledged in her petition she further states
that she was arrested to day by one Thomas M.
Horime, a brother in law of said JamesJames Black, as the
slave of said Black, who still continues to reside in
VandaliaVandalia aforesaid, and committed by him to the jail of
the county of St LouisSt Louis, with the design and purpose of summoning petitioner, so as to have the petitioner
in to whom his out of the jurisdiction
of said court - made this state of factspetitioner
believes that she is entitled to her freedom, and she
prays your honor to allow her to sue as a poor person
in order to establish her right to freedom, against said
Black, the said HorineHorine and the jailor of said county one
George HGeorge H . C. Mallody who now holds her in

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his possession - and she further prays that your
honor will issue your warrant the
sheriff of said County to bring your petitioner before
your honor, and to summon the said parties defendants
&c as is provided for this act of the judicial assembly
of the state of MissouriMissouri to make persons held
in Slavery to sue for their freedom and in going there to enter into recognizance as is therein and she will
pray &c

RebeccaRebecca by her
atty F. B.

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State of MissouriMissouri
St. Louis County

Rebecca a woman of color
being sworn says that the matters and things
set forth in the forgoing petitions are true.

Sworn to and Subscribed
the 5th January 1843
Before

Justice of the Peace

RebeccaRebecca her Mark

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State of MissouriMissouri
County of St LouisCounty of St Louis

I allow the forgoing petition and order. First That said
RebeccaRebecca a woman of color be allowed to sue as a poor person
to establish her right to freedom and assign F. B.
as her counsel. Second That said RebeccaRebecca 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.

BryanBryan Judge
of the 8th of
MissouriMissouri

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Petition for Freedom

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State of MissouriMissouri
St Louis County Ss

In St Louis Circuit CourtCircuit Court

RebeccaRebecca , a negro woman, complains of
JamesJames Black, Thomas M. Horina and George HGeorge H . C. Millody
of a plea of Trespass, for that the said defendants on the fifth day of January eighteen hundred and forty three
with force and arms, assaulted the said plaintiff to wit
at St LouisSt Louis, in the County aforesaid, and then and there
beat, bruised and ill treated her, the said plaintiff and
then and there imprisoned her, the said plaintiff 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 six hours then next
following, contrary to the laws of said state and against
the will of the said plaintiff - and the said plaintiff
avers, that before and at the time of the committing of
the grievances aforesaid, she was and still is, a free
person, and that the defendants held and still hold her
in slavery To plaintiff damage one hundred Dollars
& therefore she brings suit &c

F. B. Murdock
Atty for Pltff

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RebeccaRebecca , a negro woman
vs
JamesJames Black, Thomas
M. Horine & George HGeorge H . C
MellodyMelody

Suit for freedom
Clerk will issue
Summons.

F B.Murdock
for pltff

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

To the Sheriff of St. Louis County—Greeting:

We command you to Summon JamesJames Black, Thomas MThomas M Horine .
HorineThomas M Horine & George HGeorge H . C. melody, if they be found in your
County, that 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. LouisSt Louis, on the third Mon-
day of March next, then and there to answer unto RebeccaRebecca
a negro woman of a place of trespass for false imprisonment
to the damage of said plaintiff of one hundred dollars
dollars: And have you then there this writ.

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

Jn. RulandJohn Ruland Clerk.

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

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

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Contd. 14 p 444. venue changed to Com. Pleas Bk 15 p 8
May 27.1844. Last order rescinded & cause Contd. Bk 15 p 169.
Nonsuit Octr 20/1844 Bk 15 p 262. Nonsuit set aside & cause continued BK 15p 268.
Jury Verdict for Plff Decr 16th 1844 his reasons for new trial filed 15p 389.
15p 408. Bill of exception filed 16p 11 cont 16p 196.

Juryverdict for Defts Decr 6, 1845, 16 p 432, set aside verdict
for new trial 16 p 441. 17 p 9.

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No 24

St Louis Circuit CourtCircuit Court
March Term 1843

RebeccaRebecca (a negro woman
vs
JamesJames Black, Thomas M. Horine & Geo H.C.
MelodyMelody

Suit for freedom
Trespass

Dam $100.00

F.B Murdock p.q.

Filed Jany 6th 1842

(2.5) V Jn. RulandJohn Ruland Clk

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It is ordered by the Judge of the St Louis CircuitCircuit Court
CourtCircuit Court , First that said RebeccaRebecca a woman of
Color be allowed to sue as a poor person to
establish her right of freedom and assign F.B.
MurdockEsq. as her Counsel; Second that said
RebeccaRebecca have reasonable Liberty to attend her
Counsel & the Court as occasion may require
that she be not out of the jursidiction
of the Court and that she be not subject to
of her application for freedom

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Executed this writ in the county of
Saint LouisSt Louis by offering to read it and
the declaration and order of the Judge to GeorgeGeorge H
HGeorge H . C. MelodyMelody on the 6th and to Thomas M. Horine
on the 7th days of Janunary 1843 which they
each refused to hear. JamesJames Black the other
defendant not found in my county

Her & 2.50

William MilburnWilliam Milburn
Sheriff

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

To Mr. WatermanWaterman & Mrs. WatermanWaterman 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 25th day of March AD 1844 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 RebeccaRebecca a negro Woman is
plaintiff and Black MelodyMelody & on other 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 20th day of March in the year of our Lord one thousand eight hundred and forty four Clerk C.C.
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The within witnesses
not found

2 Now its 25/100

WmMelburn Shff
By Murphy Dpty

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Circuit CourtCircuit Court

RebeccaRebecca a Negro
Woman
vs
Black MelodyMelody & others

Subpeona
Mr WatermanWaterman
Mrs WatermanWaterman live on 8th St a four doors
West

HughHugh Rows

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Apl term 1843.

Rebecca

HorineMellody.

and the said deftsHorineHorine & Mello-
dy come & defend the force .
that they are not guilty - of the said supposedtrespass
above laid to their charge orany past thereof in man-
ner& form as the said pltff hath thing com-
plained against the deft they the
upon thiscounty &c.

.

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No. 24

Rebecca
Horine & Mellody
plea forissue


Filed April 20th 1843

JnJohn Ruland . RulandJohn Ruland Clk.

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

To MrWatermanWaterman a bricklayerby trade
MrsWatermanWaterman hiswife
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 3rd day of June 1844
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 RebeccaRebecca a NegroWoman is
plaintiff and HorineHorine Black & MelodyMelody are
defendant on the part of the plaintiff. and herein you are in no wise to fail.

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 31st day of May in the year our Lord one thousand eight hundred and forty seven

John RulandJohn Ruland

Clerk C.C.
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St Louis CircuitCircuit Court
CourtCircuit Court

RebeccaRebecca aNegrowoman
vs
HorineHorine BlackMelodyMelody

for pltff

Mr. WatermanWaterman
a bricklayer
Mrs WatermanWaterman
his wife

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The written written
not found in my County

fees 38 cents

Wm MilburnWilliam Milburn Shff
By E. W. Dpty

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State of MissouriMissouri
County of St LouisCounty of St Louis

In the St LouisCircuit Court
Circuit CourtCircuit Court

RebeccaRebecca a negro woman
vs
HorineHorine Black & Melody

Rebecca the plff in the
above untitled suit comes by her &
moves the court that judgment
of suit in the above case
be set aside for the following reasons
1st BecausePltffhad no -

2d. Because said RebeccaRebecca was
lying in said to of the time
of said nonsuit& was thereprecluded
from employing an Atty in her said
cause

3d. Because the said plff
to employ counsell

4d Because it was the duty of
the Judge of said Courgtoassign
counsill by order to said pltff
in the event of her being toopoor
to employ it for her self

5th Because said pltff has
grounds for a

F Risk
Atty for
Pltff

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St Louis CircuitCircuit Court
CourtCircuit Court

RebeccaRebecca
vs
HorineHorine Black & MelodyMelody
to
Judgement of

J F Risk
Atty for plff

Filed October 5th 1844

John RulandJohn Ruland Clerk

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

To Mr WatermanWaterman &Mrs WatermanWaterman
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 on the5th day of December 1844 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 RebeccaRebecca a Negro Woman is
plaintiff and HorineHorine Black &MelodyMelody are
defendants, on the part of The Pltff
and herein you are in no wise to fail.

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 26th day of Nov in the year of our Lord one thousand eight hundred and forty four

John RulandJohn Ruland

Clerk C.C.
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RebeccaRebecca
vs
HorineHorine et al

Subpena
as witnesses for
Pltff

Mr WatermanWaterman
Mrs WatermanWaterman

Executed

Wm MilburnWilliam Milburn Shff

fee $ 1.00
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County Of St. LouisSt Louis, Ss.
The State Of MissouriMissouri,

To Mr WatermanWaterman Mrs Watermann also the
Brother of Mr WatermanWaterman Greeting:â

You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before our St. LouisSt Louis Court of Commom Pleas the Judge of our Circuit CourtCircuit Court at the City of St. LouisCity of St Louis, on the 16 day of December 1844 then and there to testify and the truth to say
in a certain cause pending in said court, wherein RebeccaRebecca a negro woman
is plaintiff and HorineHorine Black & MelodyMelody are defendants
on the part of the plaintiff
and herein you are in no wise to fail.

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Witness, Nathaniel PaschallJohn RulandJohn Ruland , Clerk of our said Court, with the seal thereof
hereto affixed, at office, in the city of St. LouisSt Louis, this 19th day of February in the year of our Lord eighteen hundred and forty-four

John RulandJohn Ruland

Clerk.
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St. LouisSt Louis circuit court

RebeccaRebecca
vs
HorineHorine et. al

Witness for Pltff D. 13

MrWatermanWaterman
MrsWatermanWaterman
MrWatermanWaterman
Brother of the above

Executed

Wm MilburnWilliam Milburn Shff

fee $1.12
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Rebacca
vs
HorineMellody

Nov term 1844.

The deftsmove the court to grant a
new trial in the above cause for the following
reason

1. The verdict was against law

2.The verdict was against law

3. The verdict was against evidence

4. The verdict was against the instructions
of the court

4. The court was instructed the

5. The court refused to give legal instructions
to the juryasked by the defts.

B.
Atty for defts

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RebeccaRebecca
vs
Horine & Mellody

; Reasons for new
trial.

B.

Filed >December 16th 1844

John RulandJohn Ruland Clerk

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RebeccaRebecca (a woman of Colour)
vsJamesJames Black Thomas MThomas M Horine .
HorineThomas M Horine & Geo. H. C. MelodyMelody

In the St Louis CircuitCircuit Court
CourtCircuit Court Term November AD 1844
suit for freedom

Be it remembered that on the trial of
this Cause the following evidence was
given to the Court and jury on the part of the plaintiff (First was read a deed
of First given by WilliamWilliam James JamesWilliam James to ThomasThomas M Horine
MThomas M Horine . HorineThomas M Horine to the use of EmilyEmily Black
and her Children) (here insert it)
next was read the deposition of
WilliamWilliam James JamesWilliam James (here insert it) next
was read the deposition of MariaMaria Field
(here insert it) after whichDaniel B.
Watterman being sworn stated on
oath as follows on the part of the
plaintiff that he knewMrsEmilyEmily
Black in the state of IllinoisIllinois that
she resided in the town of VandaliaVandalia
in said state that he resided withher
for some time. That he knewher
to be the daughter of WiliamJames
of St Geniveieve MissouriMissouri, that he knew
her to be a domiciled resident citizen
of the said state of IllinoisIllinois and the same woman named in â That
in the year Eigteteen hundred and thirty
one or thirty-two
she brought with her
the girl Rebacea the plaintiff in this suit
with her to the said town of VandaliaVandalia
state of IllinoisIllinois and while said witnesswitnesslived with her and there held her in
service for the term of sixmonths while onewasacitizen of said state of IllinoisIllinois
the first time that she brought her

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during which time said girlRebec-
ca was engaged in raising the
Child of said Mrs. Black mostly, also
the child of MrsHorineHorine the wife
of Said ThomasThomas M Horine M HorineThomas M Horine and that
the said girl RebeccaRebecca afterwards
went to St Genivieve MissouriMissouriwith Mrs Ho-
rine or Mrs Black witness does
not recollect which and that after-
wards said RebeccaRebecca was again
brought back bysaid Mrs Black from St Genivieve
MissouriMissouri and remained with said Mrs
Black again for the space of three
or four months in said town of Van
dalia IllinoisIllinois that the said girl Rebec
ca now at the bar of the Court the
Plaintiff in this suit is the same
girl Rebeca that he saw in Van
dalia IllinoisIllinois at Mrs Black'sâ
and above spoken off by him this was
all the evidence given to the Court
and jury in the above cause
whereupon the court gave the
following instructions as asked by
the plaintiff's attorney (hereinsert it)
whereupon the court gave the following
instructions asked by the
defendants' Counsel (here insert
them) (and also here insert them
following instuction asked for by the
defendants' Counsel and refused
by the court) after which the
Court gave the following instructions

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to the jury (here insert them)
after which the jury retired and
found for the plantiff the following
verdict (here insert it) upon which
the following judgment of the Court
was rendered (here insert it) after
which which the defendants by their
counsel moved the court for the follow
ing causes and reasons to set aside the
judgment of the Court and verdict of
the jury and grant them a new trial
in this cause (here insert said mo-
tionand causes and reasons filed)
after which the court set aside said
judgment of the court and verdict
of the jury and granted the said
defendants a new trial (here insert
said judgment of the court grant-
ing a new trial) to which opinion
of the court setting aside said judg-
ment of the court and verdict of the
jury and granting the defendants a
new trial the plantiff by her Counsel
excepted at the time and now
prays that this her bill of excepting
be signed sealed and enroled

John Seal

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RebeccaRebecca a negro woman
vs
BlackHorineHorine Melody & MelodyHorine Melody

plaintiffs bill of
no

file

Filed July 27th 1848

watter

Jn RulandJohn Ruland Clerk

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[missing figure]

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

To Mr WatermanWaterman (bricklayer)
David B Watterman
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 7th day of May 1845
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein RebeccaRebecca a NegroWoman is
plaintiff and HorineHorine Black & MelodyMelody are
defendants on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 2nd day of May in the year of our Lord one thousand eight hundred and forty-five

John RulandJohn Ruland Clerk, C. C.

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[missing figure]

St Louis CircuitCircuit Court
CourtCircuit Court

RebeccaRebecca -
vs
HorineHorine Black & MelodyMelody

Witness for pltff -

MrWatermanWaterman -

Bricklayer the
before
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[missing figure]

Executed Wm MilburnWilliam Milburn Shrff

fee 50 ct
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[missing figure]

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

To the Sheriff of St. Louis CountyâGreeting:

We command you to attach David P Waterman
by taking his body and his safely keep, so that you have his body 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 St. LouisCounty of St Louis, on the 7th day of May 3 Oclock P.M 1845 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 RebeccaRebecca a Negrowoman is
plaintiff, and HorineHorine Black & MelodyMelody are defendants wherein
the said David P Black has heretofore been summoned
on the part of the said Plaintiff

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 7th day ofMay in the year of our Lord one thousand eight hundred and forty-five

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

St Louis CircuitCircuit Court
CourtCircuit Court

RebeccaRebecca a Negro Woman
vs Black HorineHorine Melody & MelodyHorine Melody

Attachment for David P Waterman

in Court before Came in Court before attachment went out

Wm MilburnWilliam Milburn Sheriff

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[missing figure]

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

To Mr WatermanWaterman & MrsWatermanWaterman
Bricklayer, the dame Subpenaed before in this ease
Greeting:

You are hereby commnaded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court , on the 9th day of Dec 1845
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein RebeccaRebecca a Negro Woman is
plaintiff and HorineHorine Black & MelodyMelody are
defendants on the part of the plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 2nd day of Dec in the year of our Lord one thousand eight hundred and forty- five

John RulandJohn Ruland

Clerk, C.C.
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[missing figure]

St. Louis CircuitCircuit Court
CourtCircuit Court

RebeccaRebecca a Negro
vsHorineHorine Black & MelodyMelody

Witnesses for Pltff
Mr WatermanWaterman a bricklayer the same subpenaed
heretofore in the case his wife

Mrs Watterman
Mr Watterman

Executed

Wm MilburnWilliam Milburn shff

fee $1.00
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[missing figure]

RebeccaRebecca a negro woman
vs
HorineHorine Black & Melody

St LouisSt Louis Cir

cuit Court

The plaintiff by her Attymoves to
set the verdict of the jury a side in the
above case for the following reasons
towit 1st that said verdict is against
law

2d. That said verdict is against evidence
3d. that saidverdictis against
same evidence

4th That said verdict is against the
instructions of the court

5 That the courtmisinstructed the
jury

6. That the instructions of the court
areagainst the law & evidence

J F Risk
Atty for Pltff

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[missing figure]

St. Louis CircuitCircuit Court
CourtCircuit Court

RebeccaRebecca aNegro Woman
vs
HorineHorine Black & MelodyMelody

Motiontosetaside
veridct for reasons
below

Filed 9 Decr 1845

Jn. RulandJohn Ruland Clerk

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We the jury find the defendant guilty

Charles CollinsCharles Collins
foreman

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[missing figure]

RebeccaRebecca
vs
Black HorineHorine Melody &MelodyHorine Melody

Verdict

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[missing figure]
RebeccaRebecca Cold. woman
vs
JamesJames Black Thos. M.Horine
& George HGeorge H .C.MellodyMelody

We the Jurors in the
above case find for the defendants not
guilty

JosephJoseph Klein Jr
Foreman

Decr 5/45

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[missing figure]

Given

If the Jury believe from the evidence that
the Plaintiff was taken into the state of
IllinoisIllinois by her owner or by any other
person with his knowledge or counsel
for any purpose, other than for the purpose of
through that State. they will find for the
Plaintiff-

Given

To entitle the Plaintiff to recover in this
case, the Jury must be satisfied that the said Plaintiff was
taken into the State of IllinoisIllinois at the time mentioned by the witnesses by
the person owning her at that time
or with the knowledge or consent of
such owner-

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[missing figure]

RebeccaRebecca (of color)
vs
Black et al

Instructions given

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[missing figure]

Refused

If the jury find from the evidance that the pltff

was taken to IllinoisIllinois by a person whowas on a visit from
this Stateto IllinoisIllinois will the laws on
thus taking her after such visit was over, such
use of the pldgg not freedom,

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given

That the jury from the evidence that the
pltff: was taken to IllinoisIllinois with the of the
the jury will findfor the deft.

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Given

If the jury find from the evidence that EmilyEmily Black
had an usufruct in the pltff: asval
of her daughter CarolineCaroline at the age of eighteen years
such was existing took the pltff to IllinoisIllinois
without the consent of consent of CarolineCaroline the daughter of
the person holding the legal bill which in this case was

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is ThomasHorine such taking to IllinoisIllinoisen-
title the plaintiff: to her freedom

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Given
Dec 5 1845.

If the jury believe from the evidence that the plaintiff
was the property of the defendants & that they permitted the plaintiff to
go to the state of IllinoisIllinois to reside or that
they permitted her to remain there longer than
& there held in servitude beyond a resonable
time to go and return, they will found for
the plaintiff.

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Given

If the jury find from the evidence that the plaintiff
is one of the slaves by WilliamWilliam James JamesWilliam James to ThomasThomas M Horine
MThomas M Horine HorineThomas M Horine , that she was at the time of the execution of
said deed the property of said JamesJames then the residence
of said plaintiff in the state of IllinoisIllinois does not entitle
her to recover in this suit, unless it has been proved
to the satisfaction of the jury that Thomas MThomas M Horine HorineThomas M Horine
to such evidence -

Given

To entitle the Plff. to recover must be fromtheevidence thatThomas MThomas M Horine HorineThomas M Horine
totheresidence of the plaintiff in IllinoisIllinois, and such
is not to be presumed - unless the jury shall
believe that said HorineHorine atthetime had knowl

edge of the fact that the plaintiff was taken to the state
of IllinoisIllinois & than held in servitude.

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Refused

If the jury believes from the evidence
that any person having the right to the
controll or services of the plaintiff car
-ried her to the state of IllinoisIllinois to reside
and while residing or remaining in said
state the plaintiff worked for or served,
such person as a slave, they will find
for the plaintiff.

Refused

If the jury believes that the plaintiff
was carried to the state of IllinoisIllinois by
any person having a right to her services
and that she remained there for the space
of months or more they may infer
that the plaintiff remained in in IllinoisIllinois
by the consent of the defendant & will
find for the plaintiff

Refused

If the jury believes from the evidence
that any person having a right to the
services of said plaintiff carried her to
IllinoisIllinois & whiletherehired her out> to
others - they will find for the plantiff

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RebeccaRebecca (Of Color)
vs
Black HorineHorine et al

Instructions Refused

Dec. 5. 1845

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given

That the consent of ThomasThomas M Horine MThomas M Horine .HorineThomas M Horine
the trustee of said slave for the benefit of
Mrs. Black for life with remainder to
CarolineCaroline her daughter, to the residence
of the slave at VandaliaVandalia , did not set the
slave free without the consent of both
of the persons for whom he held her,
if then having; and that such consent
could not he given by the said
line if the jury belive from
the evidence that she was a minor of
the age of less then 8 years.

Given

That such consent could not be given
by Mrs. Black while she was a mar-
ried woman unless the jury shall believe
that she acted under the authority of her
husband-

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RebeccaRebecca (of color)
vs
Black Hormine

Instructions given

Dec 5th 1845

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RebeccaRebecca (a free woman)
vs
JamesJames Black
Thomas MThomas M Horine HorineThomas M Horine &
G.H.C. MellodyMelody

for freedom

The court will instruct the jury that
if they believe from the evidence the plaintiff (RebeccaRebecca ) was
taken to the state of IllinoisIllinoisfromthe state of MissouriMissouri at any
time before the commencement of this suit
by her owners or by the Consent of her
owners and then held in servitude
as a slave, there, they will find for the
plaintiff

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In the St LouisSt Louis Circuit Circuit Court
November Term 1842. Satuarday January 7th 1843.

RebeccaRebecca (of Color)
vs
Thomas HorineGeorgeGeorge H HGeorge H .C.MellodyMelody

Now at this day
the defendant GeorgeGeorge H
HGeorge H .C.MellodyMelody and
bring the body of said plaintiff in open Court and there-
upon It is ordered by the Court that said plaintiff be
transfered to the Custody and Charge of WilliamWilliam Milburn MilburnWilliam Milburn
Esq Sheriff of St Louis County, which was accordingly
done It is further ordered that the Sheriff hire out said
plaintiff to the best advantage from time to time during
the pendency of this Cause and take bond from the hirer
payable to the State of MissouriMissouri in the penalty of Four
Hundred and Twenty five Dollars with such security as
he approves Conditioned that the hirer will pay the hire
to the Sheriff and return the plaintiff at the expiration
of the term for which she is hired or as soon
as this action is determined

A True Copy

Jno RulandJohn Ruland Clerk