Sarah, a colored woman v. William Waddingham
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To the Honorable John M KrumJohn M Krum Judge of the
St. LouisSt Louis Circuit County

The petition of SarahSarah a colored woman
your Honor respectfully represents.

That she was born a slave in the state of
VirginiaVirginia and was owned by one John ProsserProsser that the said
John ProsserProsser died leaving MargaretMargaret ProsserProsser ,, his widow and
certain issues of the said John and MargaretMargaret ProsserProsser to wit, WilliamWilliam , SusanSusan , MaryMary who is now the widow of one John H. Martin, MargaretMargaret , John Robert, and John SamuelSamuel .

your petitioner states that by an order of
the County, in the State
of Virgina she was sold at the administrator sale of the goods
and Chattels of said John ProsserProsser Dec'd at the same County aforesadi and was purchased by one a short time your petitioner unto the said MargaretMargaret widow
of John Presson Dec'd during her life and at his death to her
the said MargaretMargaret - that after your petitioner was so deeded as aforesaid, the said MargaretMargaret hired out your
petitioner in the said and one McMullin became the hirer of your petitioner, that at this time the said
MargaretMargaret widow of the said John ProsserProsser dec'd and the said WilliamWilliam John , Samuel Margaret, JohnWilliam John RobertRobert and George Samuel the heirs of said John and MargaretMargaret ProsserProsser aforsaid, left the state of VirginiaVirginia and emigrated
to the state of IllinoisIllinois they have continued and still do reside, that your that your petitioner remained after that time some six
months with the said McMullin hired as aforesaid, that after remaining with said McMullin as aforesaid, one John H. Martin and
MaryMary one of the heirs of John ProsserProsser Dec'd , and one
of the issue of said John and MargaretMargaret ProsserProsser aforesaid, the wife
of said John H. Martin, took your petitioner out of the hands of
said McMullan him aforesaid, and out of the state of VirginiaVirginia
and brought your petitioner to the state of KentuckyKentucky where she
was kept by said MartinMartin and his wife for a long period of time

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that at this time is living some times in the in the
year Eighteen hundred and forty The said MartinMartin and Wife left the state of KentuckyKentucky and emigrated to the state
of IllinoisIllinois bringing with them your petitioner at that time held in slavery
- that at that tme the said John H. Martin
and MaryMary his wife delivered your petitioner out in the county
of MorganMorgan state of IllinoisIllinois to the said MargaretMargaret widow of
the John Prossner-dec'd. that the said WilliamWilliam John , Samuel, MargaretJohnWilliam John RobertRobert George Samuel, issue as aforesaid
were living with said MargaretMargaret Widow as aforesaid in said county
of MorganMorgan state of IllinoisIllinois-

Your petitioner represents unto your Honor
that after the said MartinMartin and his wife brought your petitioner
and delivered her over. to said MargaretMargaret , Widow as afore,
said in the said Morgan CountyMorgan County in the State ofIllinois IllinoisIllinois
as aforesaid the said MargaretMargaret widow as aforesaid
kept your petitioner in slavery in said state of IllinoisIllinois for
the span of three months, to wit from November in the year eighteen hundred and forty until the latter end
of February in the year eighteen hundred and fortyone
that after holding your petitioner in slavery in the state
of IllinoisIllinois for over the time and space of three months
as aforesaid, the said Wiliam of the said John and MargaretMargaret ProsserProsser as aforesaid came to the city of St LouisSt Louis on his way
from StateState of Virginia ofState of Virginia VirginiaState of Virginia where he had gone on business to
the state of IllinoisIllinois and as your petitioner is informed
and hired out your petitioner to WilliamWilliam WaddinghamWaddingham , in said city of St. LouisSt Louis, as a slave of said MargaretMargaret ProsserProsser Widow of. But so it was that when the said WilliamWilliam arrived at StateIllinois ofIllinois IllinoisIllinois he the said WilliamWilliam , and said
HuntHunt and Wife came to the CityCity of St Louis ofCity of St Louis St LouisCity of St Louiswith
your petitioner and delivered her with the charge

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of our WilliamWilliam in City of St LouisCity of St Louiswhere
she was kept in slavery since that time up to the
present date has been held in slavery in this City of St LouisCity of St Louis.

states that on or about the
day of July AD1845 a person to your petitioner
unknown came to the city of St LouisSt Louis with an order
in writing for the body of your petitioner stating
that it was his intention to take your petitioner
to , and further stated that he would
be in this city of St LouisSt Louis about the twenty fifth day of July AD 1845 at which time
he would take your petitioner away from this City

Your petetioner further respectfully
represents that the material facts in her
petition she can only by the State ofIllinois IllinoisIllinois where her witness
reside at this time

For and in consideration of the permission
your petitioner would humblyyour honor
to grant to sue as a poor person in
that she may be enabled to establish and recover
as her right, her freedom, and all and singular
such as the relief as the Law authorises and your
Honor should meet and the
and as in duty bound

x

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State ofMissouri MissouriMissouri County of IllinoisIllinois

Personally appeared before me Alphonso WitmoreAlphonso Witmore
a Justice of the peace of the County of St LouisCounty of St Louis, SarahSarah a colored woman
when being by me being duly sworn and marketh oath and says that the facts set forth
in this petition to her knowledge are true, and such as are stated from such
formation she believes to be true
sworn to and subscribed before me this 22nd July 1845

Sar

x

ah, her mark

Alphonso WitmoreAlphonso Witmore

Justice of the Peace
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On reading the foregoing petioner
, it is found
that the said petitioner be allowed to sue as
a poor person to establish her right to
freedom, be ajudged
as her counsel said suit, further ordered that the said
petitioner have reasonable liberty to
attend her counsel as occasion may require and that she be not removed
out of the jurisdiction of St. Louis Circuit CourtCircuit Court of
that she be not subjected to any sever-
ity on account of her application for
freedom

at St. LouisSt LouisJuly 22. 1845,

John M. KrumJohn M Krum

Judge 8th Jud. Cir. Mo.
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In the Circuit CourtCircuit Court for Saint LouisSt Louis CountyNovember Term 1845

Saint LouisSt Louis County

Sarah, a person of color who by
hand of their Judge of the Court first had and obtained brings their suit as a poor person by HenryHenry N HartN Hart her counsel assigned, by the Judge of the court for complains of WilliamWilliam WaddinghamWaddingham in a plea of trespass
for that the said SarahSarah before and at the time of the committing of the grievances hereinafter mentioned was and still is a free person
and the said WilliamWilliam WaddinghamWaddingham on the 1st day of October now last past with force and arms at Saint LouisSt Louis aforesaid in and the plaintiff did make an assault and then and there did imprison the plaintiff and keeps and detains her in prison for a long space of time to wit for the space of her and then and thereheld and ever since has held and still holds in slavery the said plaintiff and to the plaintiff then and there did against the peace and to the great damage of the plaintiff
and for the recovery of her freedom the plaintiff brings suit &c

HenryHenry N. HartN Hart

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81-1845

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SarahSarah of color
vs
WilliamWilliam WaddinghamWaddingham

In the St LouisCircuit Court
Circuit CourtCircuit Court
november term 1845

And the said defendant by BJ ThomasThomas ,
his acting counsel and defends the
force and
when a and says
that he is not guilty
of the said several
grievances above laid to his charge
or any or within of them or any part
thereof as the
said plaintiff has above thereof
complained against him and
of this in the said defendant puts
himself upon the County

BJ

ThomasThomas


atty for deft
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Let the above plea be filed

H N HartN Hart

aty for
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SarahSarah coloured person
vs
WilliamWilliam WaddinghamWaddingham

Suit for freedom
in forma pauperis

let summons issue

HenryHenry N. HartN Hart

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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 WilliamWilliam WaddinghamWaddingham
if he be found in your County that he
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 November next, then and there to answer unto SarahSarah ,
a person of color of her petition for freedom
And have you then there this writ.

[missing figure]
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 Thirty first day ofJuly in the year of our Lord eighteen hundred and forty five

JnJohn Ruland RulandJohn Ruland

Clerk
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On reading & considering the foregoing petition & the proofs by George WGeorge W Kelby
offered thereunder, it is ordered that the said petitioner be allowed to sue
as a poor person to establish her right to freedom & that H NN Hart HartN Hart Esq.
be assigned as her Counsel to prosecute said suit, and it is further ordered
that the said petitioner have reasonable liberty to attend her Counsel as
occasion may require & that she be not removed of the jurisdiction
of the St Louis Circuit CourtCircuit Court & that she be not subjected to
any severity an account of her application for freedom.

[missing figure]
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time for pleading extendedtill 10 Decr14 p 404 plea filed16 p 440Dedimus to IllinoisIllinois for plff17 p 300 Verdict for Plff
Dec 16. 1846Mo for new trial 17 p Mo. overruled17 p 476Mo for new trial for rehearing of Mo. for new trial17 p 508 Mo for rehearing overruled- Bill of Excep. & affidavit
filed17 p 523

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No 81

St Louis Circuit CourtCircuit Court
November Term 1845

SarahSarah a person of color
vs
WilliamWilliam WaddinghamWaddingham

Summoned Petition for freedom (Trespass)

Filed 31st July 1845

John RulandJohn Ruland clk

(198)
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Executed this writ in the
County of St LouisCounty of St Louis on the 6th day of August 1845 by offering to the read it and the
declaration to WilliamWilliam WaddinghamWaddingham the
defendant which he refused to hear
and also by reading to the said WilliamWilliam
WaddinghamWaddingham , the orders of the Judge
made in this case

William MilburnWilliam Milburn Shff


By

A. C.OsburnOsburn Dpty

Service $ 2.00
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Done at St LouisSt LouisJuly 22 1845. John M KrumJohn M Krum Judge 8th Jud.Cir.Mo.
a true copy of the orders

attest

John RulandJohn Ruland Clk

.
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Notice to take Depositions.-Printed and sold at the St. LouisSt Louis Job Office.

In the St. LouisSt Louiscircuit court
November Term 1845

St. LouisSt LouisMO.
Suit for freedom

.
SarahSarah a woman
of color Plaintiff v.
WilliamWilliam WaddinghamWaddingham

Take Notice, That on the second - day of May - in the year of our Lord one thousand eight hundred and forty-six - between the hours of
eight O clock in the forenoon, and six O clock in the afternoon of that day, at
the office of James FJames F Mahan . MahanJames F Mahan a Justice of the Peace, in
County and 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 defendant; 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.

WilliamWilliam WaddinghamWaddingham


by

. To the above-named Sarah
St.louis April 20th 1846
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I acknowledge service of the
withinexceptions to the formality
of taking said depositions

St LouisSt LouisApril 20th 1846

HenryHenry N. HartN Hart


Atty by appointment of Judge St Louis Circuit CourtCircuit Court forSarahSarah plff
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Instructions For Taking Depositions.

The officer taking the Depositions will observe the following forms and mode of proceeding-commence thus:

âDepositions of Witnesses produced, sworn and examined, at the office of JamesF.Mahen a Justice
of the Peace , in the County ofCounty of Marion MarionCounty of Marion, and State ofMissouri MissouriMissouri, before me,
(name of Officer, and style of Office,) in a certain cause, now pending in the the Saint LouisSt Louis Circuit
in the Sate of MissouriMissouri, between SarahSarah , a woman of color
plaintiff, and WilliamWilliam WaddinghamWaddingham
defendant
on the part of the defendant
M. ProsserProsser ., of lawful age, being produced, sworn and examined, on the part of the defendant deposeth,
and saith, (here insert the statement of the witness.â)

Note.-Every deposition must be reduced to writing in presence of the officer before whom it is taken, and signed by the witness.

If any paper or exhibit is produced and proved, or referred to by a witness, it ought to be described in his deposition, or marked and referred to
by the Deponent, in such manner that it may be identified when the Deposition is read-and all such papers and exhibits must be attached to, and
returned with the depostion.

The officer will annex at the foot of the Deposition of each witness, the following certificate:

âI (insert name of Officer, and style of Office,) do hereby certify, that SamuelSamuel M. ProsserProsser , the deponent, whose place of residence
is in Marian County in the State ofMissouri MissouriMissouri was by me sworn as the (or affirmed,) to testify the
whole truth of his knowledge touching the matter in controversy in the cause aforesaid; that deponent was
examined, and his examination reduced to writing, and subscribed by said deponent, in my presence, on the
day of May in the year eighteen hundred and forty six, between the hours of eight O'clock in the forenoon,
and six O'clock of the afternoon, at the Office of JamesJames F. Mahon a Justice of the Peace
in the County ofCounty of Marion MarionCounty of Marion and State ofMissouri MissouriMissouri

Given and certified, the Second day of May, 1846

P. F--."

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Then proceed with other Depositions (if any) in the same form, annexing a like certificate to each.

When all the witnesses who appear have been sworn and examined, and their depositions reduced to writing, subscribed and certified as above,
the officer will attach to the Depositions all papers and exhibits, proved or referred to ein examination, the Commission and notice, (herewith en-
closed,) with the following certificate endorsed thereon or attached thereto.

âI (name of Officer, and style of Office,) within and for the County of MarionCounty of Marion in the
State ofMissouri MissouriMissouri do certify, that in pursuance of the (or annexed) Commission
notice, came before me, at the office of , Mahon a Justice of the Peace
SamuelSamuel M. Prossor (insert the names of all the witnesses,) who were or was there by me sworn and examined, and such examina-
tion reduced to writing, and subscribed by them respectively, in my presence, and their said depositions are now herewith
returned.

Given at , in the County ofCounty of Marion MarionCounty of Marion, and State of MissouriMissouri, this
second day of May, 1846

P. F.,"

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The return must be accompanied by a certificate of the official character of the officer taking them; attested by the seal of the State of -, or
by the seal of some court of record within said State-which may be as follows:

It is hereby certified, That the name of the officer, on (here insert, in words at length, the date at
which the depositions are taken and certified,) in the year of our Lord eighteen hundred and forty
was (and now is) an acting Justice of the Peace within and for the
County of MarionCounty of Marion StateMissouri of MissouriMissouri duly commissioned, and acting as such, and that full faith
and credit are due to his acts as such.

In Testimony Whereof, I, A. B., have
[L. S.] hereunto subscribed by name, and affixed the seal of office, this
day of May eighteen hundred and forty six

A.B.,-."

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The officer taking the Depositions is required to enclose in a strong envelope, securely sealed, the Depositions, Papers and Exhibits, Commission,
Notice and Certificates, and direct the same to the Clerk of the St. Louis CircuitCircuit Court CourtCircuit Court, in the City of St. LouisCity of St Louis, MissouriMissouri,
noting on some convenient part of the envelope, the style of the cause and contents-thus:
SarahSarah , a woman of Color vsWilliamWilliam WaddinghamWaddingham

Depositions for Defendant

If the packet is to be transmitted by mail, it will be necessary to enclose it (directed and endorsed as above) in another envelope, directed to
Banjamin St. Thomas attorney at St. LouisSt Louis, MO in order to insure its being taking
out of the Post Office.

The depositions must be begun on the day mentioned in the notice. If they cannot be completed on that day, the taking of them may be adjourned
to the succeding day, at the same place, and between the same hours. The person taking them, should in such case, make the following entry,
closing the business for that day, viz:

Not being able to complete the taking of said depositions, by reason that (here insert the reason), I adjourn the further taking of
the same till to-morrow, then to be continued at the same place, and between the same hours, mentioned in the annexed notice.

P. F.-

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On the succeeding day, let the person taking the depositions, commence as follows:

Pursuant to the adjournment as above stated, on the day of in the year eighteen hundred and forty six
between the hours of eight O'clock in the forenoon, and six O'clock in the afternoon, at the office of James St. F. Mahon
Justice of the Peace in Marion County, State of MissouriMissouri. I continued the taking of said Depositions as follows, viz:

N.O., âin continuation of his Deposition, commenced yesterday, on his oath, further says, &c.

The foregoing directions must be strictly observed or the depositions will be unavailing.

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Opened and Filed 4 May 1846

Jn RulandJohn Ruland

clerk
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SarahSarah a woman of color
vs
WilliamWilliam WaddinghamWaddingham

Deposition for Deft

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Depositions of witnesses produced sworn and
examined at the Office of JamesJames F Mahan F MahanJames F Mahan a Justice
of the peace, in the town of Palinysa, in the county of
Marion and state of MissouriMissouri, before me JamesJames F Mahan F MahanJames F Mahan a Justice of the peace in and for said county
in a certain cause, now pending in the Saint LouisCircuit Court
Circuit CourtCircuit Court , in the state of MissouriMissouri, between
SarahSarah , a woman of color plaintiff and WilliamWilliam WaddinghamWaddingham Defendant, On the part of the said
defendant

SamuelSamuel MProsserProsser of lawful age, being
produced, sworn and examined, on the part of the defendant, deposeth and saith, that I am a brother
in law, to Mrs. Margaret KMargaret K . ProsserProsser Widow of my deceased
brother, John ProsserProsser ,. In the year 1838 or 9, ProsserProsser , having
sold her farm in Mason county in the state of VirginiaVirginia started
to move to the state of MissouriMissouri,
with my brother and family, with the intention of setting
there; having her daughter MaryMary ProsserProsser , who afterwards
married to J. H. Martin, and two negroesSarahSarah the
plaintiff in this action and GeorgeGeorge a negro boy, in
the state of VirginiaVirginia said SarahSarah was left to one WilliamWilliam . Mrs ProsserProsser carried
on as for as JacksonvilleJacksonville in the state of llinoise
where I there reside, and stopped for the Winter
and afterwards, purchased property, and settled
in Morgan CountyMorgan County IllinoisIllinois after the intermarriage of
J. H. Martin with MaryMary ProsserProsser , he hired said SarahSarah and
took her to County in the state of KentuckyKentucky
In the fall of 1840 I think MartinMartin moved to the
city of St LouisSt Louis, in the state of MissouriMissouri bringing
said SarahSarah with him thinking he would not knowing that she had settled in
IllinoisIllinois after MartinMartin arrived at St LouisSt Louis and found
that Mrs ProsserProsser was still in MorganMorgan county Ill
he went over to with his family,lb/>

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taking said SarahSarah and her child still supposing MrsProsserProsser intended moving to MissouriMissouri this
was probably in the month of November shortly
after MartinMartin arrived a JacksonvilleJacksonville (Sarah's child
was taken very ill and remained sick for about
three weeks. This caused Mrs. ProsserProsser much trouble
and anxietyMartinMartin having taken SarahSarah and
the child to JacksonvilleJacksonville without her knowle-
dge, and desiring to send them to MissouriMissouri was
prevented from doing so, by the sickness of the
child I was the attending Physician on said child
and know that it was unsafe and I may say
impossible to send the said child to MissouriMissouri
for some time after its recovery without managing
its returning health and probably its life. The
weather letting in, before its recovering so bad and
in element that it would not have been safe
to remove it. Mrs ProsserProsser , regretted very much
that Mr. MartinMartin did not leave said SarahSarah
and child in MissouriMissouri with a Mr WaddinghamWaddingham
of St LouisSt Louis, with whom she had made arrange
ments to through her son WilliamWilliam ProsserProsser to hire her out, so soon as her time was
out with Mr. MartinMartin as soon as it was possible the health of the child, the state of the
roads and the weather would permit said SarahSarah
was taken back to St LouisSt Louis and hired out. Mrs
ProsserProsser made every possible effort to have SarahSarah
and child sent back to St LouisSt Louis although they
were still in the possession of MartinMartin and as
soon as the childs health would permit being
moved the roads being very bad, and the weather
severely cold Mr MartinMartin to to SarahSarah and child
back to St LouisSt Louis, and was there hired out to said
WaddinghamWaddingham agreeably to arrangements pre-
viously made by WilliamWilliam ProsserProsser said SarahSarah

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has continued in St LouisSt Louisfrom that time hired
out, from time to time, to different ever since and further this deponant saith not

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IJamesJames F Mahan F MahanJames F Mahan a Justice of the peace in and
Marion County, in the StateIllinois ofIllinois IllinoisIllinois do hereby certify that SamuelSamuel M ProsserProsser , whose residence is
in in the county and state aforesaid
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy
in the case aforesadi the deponant was
examined and his examination reduced to
writing and subscribed by said deponant in my
presence on the 2 nd day of May 1846 between
the hours of eight in the forenoon and six in
the afternoon of that day, at the office of James F MahanJames F Mahan a Justice of the peace in the CountyCounty of Marion
ofCounty of Marion MarionCounty of Marion and state of MissouriMissouri given and
certified the second day of May 1846

JamesJames F Mahan F MahanJames F Mahan J. P

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IJamesJames F Mahan F MahanJames F Mahan a Justice of the peace within and
for the County of MarionCounty of Marion in the state of MissouriMissouri
do certify that in persuance of the and notice came before me
of the Office of JamesJames F Mahan F MahanJames F Mahan a Justice of
the peace in the county and state aforesaid
SamuelSamuel M. ProsserProsser who was there by me sworn
and examined and such examination reduced
to writing, and subscribed by him in my presence and his said depositions are now herewith returned Given at in the county of
Marion in the state of MissouriMissouri this May 1846.

JamesJames J P

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Justices fees To wit

Writing 740 words 0. 74
one oath 5
two certificates to deposit 25 - 50
changed to $ 1.49

James F. Mahan

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Notice to take Depositions.-Printed and sold at the St. LouisSt Louis Job Office.

In the St. LouisSt Louis Circuit Count November term 1846

.

St. LouisSt LouisMo.
Suit for Freedom

.
SarahSarah (a woman
of color) vs
WilliamWilliam WaddinghamWaddingham

Take Notice, That on the seventh - day of May - in the year of our Lord one thousand eight hundred and forty-six - between the hours of
eight O clock in the forenoon, and six O clock in the afternoon of that day, at
the office of Charles Dalton, a Justice of the peace, in
JacksonvilleJacksonville , Morgan CountyMorgan County and State of IllinoisIllinois. depositions will be taken by the undersigned, to be read on the trial of the above entitled case, on
behalf of the defendant; and that the taking of 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 plaintiff
St louisSt LouisApril 18th 1846

WilliamWilliam WaddinghamWaddingham


by


his attorney.
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I acknowledge service of the within notice, and will waive all objections
to the formality of said deposition

HenryHenry N. HartN Hart


Attorney by appt of St Louis Circuit CourtCircuit Court as attorney for pltfApril 18th 1846.
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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 ofIllinois IllinoisIllinoisGreeting

.

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 SarahSarah ,
a woman of color, is
plaintiff, and WilliamWilliam WaddinghamWaddingham is
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said defendant, or his

Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said par-
ties; 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 pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, 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 con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for the
county of St. LouisSt Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon,
with all convenient speed.

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

John RulandJohn Ruland

Clerk C. C.
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Depositions of witnesses produced, sworn and examined at the office of Charles Dalton a Justice of the
peace in JacksonvilleJacksonville in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan
state of IllinoisIllinois, before me Charles Dalton a Justice of
the peace and for the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan of IllinoisIllinois, in a certain cause now pending in the
StCircuit Court Louis Circuit CourtCircuit Court in the state of MissouriMissouri between SarahSarah a woman of plaintiff and
Willam Waddingham defendant on the part of defendant
William R Prosser of lawful age and being produced sworn and examined, on the part of the defendant deposeth will saith

Q 1 By consent the question is asked by the
plaintiff attorney

Are you interested in the result of this suit

Ans I am not

By defendantsattorney

Q 2 If you had any interest in the result of this suit
have you released the same to the defendant

Ans I have

Q 3 How long have you knownSarahSarah the plaintiff
in this suit, and if she was a slave when
you first knew her to who did she belong

Ans I have known her over fifteen years she was a slave when I first knew her, and belongs a to
a man by the name of Ish in the state
of VirginiaVirginia and has since that time been purchased
by my mother or fifteen years aqo

Q 4 were you the aqent of your mother the defendant
in this suit, and if so as such agent did you hire
out SarahSarah to any person in KentuckyKentucky before she
ever came to IllinoisIllinois

Ans I was the agent this far I was going to VirginiaVirginia

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December 1839 and was requested by my mother
to stop in KentuckyKentucky and hireSarahSarah to Mr MartinMartin
who was then living at at the mouth
of Big Sandy in KentuckyKentucky in compliance with my
mother request did stop at the place aforesaid and hired SarahSarah to Mr MartinMartin for one year

Q-5 Who broughtSarahSarah to IllinoisIllinois and when was she brought

Ans. Mr MartinMartin brought SarahSarah to IllinoisIllinois in November 1840

Q-6 Had your mother any thing to do with bringing
SarahSarah to IllinoisIllinois, and did she ever con-
sent to SarahSarah being brought to IllinoisIllinois to
your knowledge

Q-7 My mother did not consent to SarahsSarah being
brought to IllinoisIllinois so far as I know

Q-8 Were you living with you mother and acting
generally as agent in her
in herNovember 1840 and for some month
before and after

Ans I was

Q-9 Did you know that MartinMartin was going to being SarahSarah to IllinoisIllinois you saw her at
your mothers

Ans To the best of recollection now I did not
know any thing of his intention to do so

Q-10 State whether your mother knew that MartinMartin
was going to bringSarahSarah to IllinoisIllinois until she
saw her arrive at her house in Morgan CountyMorgan County

Ans I do not know whether she did or not, to the
best of recollection when SarahSarah arrived my
mother said that she was sorry that SarahSarah had
come, and did not know that she was coming

Q 11 Did your mother request you to go to St LouisSt Louis

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to hire out SarahSarah soon after she was brought here by MartinMartin

Ans Soon after Mr MartinMartin came here I was going
again to VirginiaVirginia,, once my mother told me
to stop in St. LouisSt Louis and hire SarahSarah out and write to Mr MartinMartin and he would take her there

Q12 Did you comply with the request of your
mother if State at what time

Ans I in compliance with the request of mother stopped at St LouisSt Louis and contracted with Mr WaddinghamWaddingham for the hire of SarahSarah , he agreed to hire
SarahSarah if she was brought down by Mr MartinMartin to
St LouisSt Louis in were she him if not he was
hire her at any rate until I Returned from
VirginiaVirginia this was in december 1840 and I think
between the first and middle of the month

Q13 Did you write to MartinMartin fas requested by your mother if so when did you write and from what place.

Ans I wrote to Mr MartinMartin from louisville KentuckyKentucky
as soon as I arrived there on my way to VirginiaVirginia respecting the arrangement I had made with Wadding
ham

Q14 Do you know where that letter is at this time

Ans The letter in question was mailed in LouisvilleLouisville and
read by Mr MartinMartin at IllinoisIllinois as I am in
formed and believe since the death of Mr MartinMartin
I found the letter among any papers, and sent
it to B. F. Thomas Esq. of St LouisSt Louis

Q15 When did you return from virgenia

Ans I returned in february 1841

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Q16 Did you find SarahSarah at your mothers on your
return home if so state the reason why she had not been sent to St louisSt Louis

Ans When I return home I foundSarahSarah at my mothers
and the reason they gave for not sending her
to St LouisSt Louis was, that her child had been sick

Q17 Did you aftwerwards take SarahSarah to St LouisSt Louis
and hire her out for your mother if so state
when and to whom did you hire her

Ans I did after my return home takeSarahSarah to St LouisSt Louis
and hired her to Mr Waddingh I arrived in St LouisSt Louis
on the 22nd day of february 1841. however I considered
that I had previously hired her to WaddinghamWaddingham and
at the time I took her to St LouisSt Louis
I delivered her to WaddinghamWaddingham on the old contract
previously made . went in company
with me when I took SarahSarah St LouisSt Louis
they being on their return to KentuckyKentucky

Q18 DidMartinMartin then live in KentuckyKentucky and was
he retruning home

Ans He did live in KentuckyKentucky at the time as far as I
know, and was then on his return home

Q19 Did MartinMartin come to IllinoisIllinois to live in November 1840, or did he only come on a visit to your
mother and her family

Ans I understood that he only come on a visit to
my mother and family. he having married my
sister-martin has died

Q20 Has SarahSarah ever been in IllinoisIllinois at any other time
except the time she was brought here by MartinMartin

Ans Not to my knowledge

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Q21 Did SarahsSarah child die after you took her to St LouisSt Louis

I have been so informed

Q22 After MartinMartin brought SarahSarah to IllinoisIllinois
did your mother design keeping her here any
length of time or did she try to send her back
to a slave state as soon as possible

Ans It was not my mothers intention to keep
her here any length of time but intended
to send her directly to a slave state as
she told me herself

Cross examined by plaintiff attorney

Q23 How long was SarahSarah here in all

Ans she came here in November 1840 and in February 1841I took her to St LouisSt Louis MissouriMissouri

Q23 How long after you returned from VirginiaVirginia until
you took SarahSarah to St LouisSt Louis

Ans A few day

Q24 Was SarahsSarah child sick when you arrived home
from VirginiaVirginia

Ans I do not recollect

Q25 What was the matter with the child when it was
at your mother

Ans I do not know

Q26 Was your mother apprehensive of difficulty in regard
to SarahSarah if she kept her here in IllinoisIllinois

She was

WilliamWilliam . k. ProsserProsser

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I Supplied> CharlesCharles Daulton ,DaultonCharles Daulton a justice of the peace within and for the county of MorganMorgan
and state of IllinoisIllinois do hereby certify. that william ProsserProsser the deponent whose
place of residence is in the county of Macoufin in the state of IllinoisIllinois, was by.
sworn, to testify the whole truth of the knowledge the in touching the matters
in the cause aforesaid that the deponent was examined, and his

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examination reduced to writing, and subscribed by the deponent
in my presence on the seventh day of May in the year
eighteen hundred and forty six, between the hours of eight of the hour in the forenoon and
six of the hour of the afternoon at the office of Charles Dautton Esquire of the
in JacksonvilleJacksonville in the county of MorganMorgan and state of IllinoisIllinois

given and certified the seventh day of may 1846

CharlesCharles Daultton J. P.

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SusanSusan I ProsserProsser of lawful age being produced sworn
and examined on the fact of the defendant deposeth
and saith

Q 1 By plaintiff attorney
Have you any interest in the result of this case

Ans I have not. by defendants attorney

Q 2 Were you living with your mother in November 1840 and for several years before and since that time

Ans I was

Q 3 Who brought SarahSarah the plaintiff in this suit to your mother and the time she arrived

Ans Mr MartinMartin my brother in law brought her to my
Mother in November 1840 about the 22 or 23 of the month

Q 4 did your Mother know that Mr MartinMartin was going
to bring SarahSarah to IllinoisIllinois did she consent to his
bringing her

Ans My Mother knew nothing of the intention of Mr MartinMartin of bringing her to IllinoisIllinois it was done
without her consent as far as I can learn she
so expressed herself to me upon the arrival of Sarah

Q 5 State whether your Mother endeavored to send SarahSarah back to a Slave State immediately after her arrival
in IllinoisIllinois at her House

Ans She did

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Q 6 State what was the reason she was not sent back
to a Slave State immediately

Ans SarahsSarah Child was Sick and my Mother was advised by supplied> Dr ProsserProsser , not to send her away at that time it could endanger the childs life

Q 7 Do you know of Mr MartinMartin getting a letter from your
Brother in relation to his having hired SarahSarah to
Mr WaddinghamWaddingham in St. LouisSt Louis

Ans Mr MartinMartin was to start to St. LouisSt Louis with SarahSarah so soon as he
should receive a letter from my brother he did receive a letter shortly after my brother left home, the weather was extremely cold and I understood that the
river was frozen over at the time and the child was also sick at the time all of which prevented Mr MartinMartin from taking SarahSarah to St. LouisSt Louis

Q 8 State whether in your opinion SarahsSarah child
was or was not at that time so ill that
it would have endangered its life to have taken
it to St. LouisSt Louis at that season of the year

Ans My opinion is that it would have endangered
its life

Q 9 How long did SarahsSarah Child remain sick while
at your Mother

Ans It was sick when it came there and continued
sicknearly all the time it remained there

Q 10 State whether or not your Mother did not get
your Brother William R Prosser to take SarahSarah to St. LouisSt Louis as soon as the Child could be
taken with safty to its health

When Mr MartinMartin and My went forth to KentuckyKentucky
My brother went asfar as St. LouisSt Louis in company with
them and took SarahSarah and her child with him

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the child had only been will enough for a few days to be taken away

Q 11 state whether the in of the weather and
the sickness of the child were or were not the
sole causes why SarahSarah was not sent to
StSt Louis LouisSt Louis sooner than she was

They were the sole causes why she was not sent
sooner

Q 12 Did your mother ever design keepingSarahSarah
in IllinoisIllinois any longer than she could safely
send her and her child out of the state

Ans she did not

Cross Examined by Plaintiff Attorney

Q 13 Do you know what was the matter with the
child when it was sick

Ans The child had the dysentary and teething at the same
time

Q 14 By Defendant attorney

Did Dr ProsserProsser go to see the child more than once

Ans I think he was there more than once but am
not certain

&

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I Charles DaultonCharles Daulton a justice of the peace within and for the
county of morgan& state of IllinoisIllinois, do hereby certify that
Susan, E.. ProsserProsser , the deponent, whose place of residence
is in the county of MorganMorgan and state of IllinoisIllinois, was
by me sworn to testify the whole truth of her knowledge
touching the matter in controversy, in the cause aforesaid
that the deponent was examined, and her examination
reduced to writing, and subscribed by said deponent
in my presence on the seventh day of May eigh-teen hundred and forty sixbetween eight of the
clock in the forenoon, and six of the the clock in the

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afternoon, at the office of Charles DaultonCharles Daulton a justice
of the peace in in the county of MorganMorgan
and state of IllinoisIllinois

given and certified the seventh day of May 1846

Charles DaultonCharles Daulton .P

.
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Mary JJ Martin .. MartinJ Martin of lawful age being produced sworn
and examined on the part of defendant,, deposeth & saith

Q 1 Are you the widow of Mr. Thomas H. Martin

Ans I am

Q 2 State if you know of your husband having
hiredSarahSarah from your mother in 1839
and if so for how long

Ans Mr MartinMartin hiredSarahSarah from my brother William R Prosser, who done business for my mother in 1839
and paid money for the hire but for what length
of time I do not know

Q 3 Where were you living in November 1840

Ans We were living in County KentuckyKentucky

Q 4 state when you and your husband paid a
visit to IllinoisIllinois when you arrived
and any information you may posses in
relation to SarahSarah , coming with you

Ans We left KentuckyKentucky on the 10th of November 1840 and
arrived here on the 22nd of the same month
we broughtSarahSarah to IllinoisIllinois with us and
expected to return in about two weeks
my brother persuaded us to remain here until
he could make a trip to VirginiaVirginia and back
which we consented to do

Q 5 was SarahSarah brough to IllinoisIllinois with the knowledge
or consent of your mother

Ans shewas not to the best of my knowledge

Q 6 Did your mother endeavor to send her back to a slave
state immediately after her arrival here

Ans she did

Q 7 state what was the reason SarahSarah was not
sent to st Louis sooner than she was

Ans Her child was sick the weather was very cold and

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and I understood the river was froze over, and
DrProsserProsser advised my mother not to send SarahSarah
away with her child in the condition it was
then in

Q 8 How long after your arrival at your mothers before
your brother started to st St. LouisSt Louis

Ans I do not recollect exactly but feel certain that
it was only a few days

Q 9 Do you know whether your
husband received a letter from your brother in
relation to his having hired SarahSarah in stSt Louis louisSt Louis
and state all you know upon that subject

Ans Mr martin did recieve a letter from my brother
instructing him to takeSarahSarah to Mr WaddinghamWaddingham
in St LouisSt Louis where he had hired her, but he
was prevented from taking her for reasons
stated in a former answer

10 What was the matter with SarahsSarah child
and in your opinion was it in
such a condition as would have endangered
its life to have taken it at that time to st Louis

Ans It had the dysentary and I think was teething
at the same time and probably had taken cold
my opinion is that it would have been
a great risk to the child to have sent
it away at the time referred to

Q 11 How long had the child been sick, and how long
did is continue sick

Ans the child was taken sick on the boat as we
was coming from KentuckyKentucky and continued sick
nearly all the time it remained here

Q 12 Did your mother send SarahSarah to St LouisSt Louis

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as soon as she could do so, with safety to to
her and the child

Ans The weather had been very cold during our stay
at my mother and as soon as the weather moderated so that we could travel we started for home and at the same time SarahSarah
was taken to St LouisSt Louis by my brother

Q 13 Did your Mother at any time design keeping
SarahSarah in IllinoisIllinois any longer than she could
have an opportunity of sending her with safety
to a slave State

Ans She did not I heard her express her anxiety
frequently to send her out of the State

Q 14 Did you and your husband design leaving
SarahSarah in IllinoisIllinois when you brought her here

Ans We did not

MaryMary JJ Martin .MartinJ Martin

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I CharlesCharles Daulton DaultonCharles Daulton a Justice of the peace within and for the County
of Morgan & State of IllinoisIllinois, do hereby certify that Mary & Martin
the deponent, whose place of residence is in the County of MorganCounty of Morgan
and State of IllinoisIllinois, was by me sworn to testify the whole
truth, of her knowledge touching the matter in controversy
in the cause aforesaid, that deponent was examined
and her examination reduced to writing, and sub-
scribed by said deponent in my presence, on the
seventh day of May in the year eighteen hundred and forty six
between the hours of eight of the clock in the forenoon
and six of the clock of the afternoon, at the office
of CharlesCharles Daulton DaultonCharles Daulton a Justice of the peae in
in the County of MorganCounty of Morgan and State of IllinoisIllinois

Given and certified the seventh day of May 1846

CharlesCharles Daulton DaultonCharles Daulton J.P.

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I CharlesCharles Daulton DaultonCharles Daulton a Justice of the peace within and for the
County of MorganCounty of Morgan, and State of IllinoisIllinois, do certify that
in pursuance of the annexed commission and notice
come before me, at the office of said CharlesCharles Daulton DaultonCharles Daulton
a justice of the peace in , in the County, and
State last aforesaid, William R. Prosser, SusanSusan & C. ProsserProsser
& MaryMary JJ Martin . MartinJ Martin , who were there by me sworn and
examined, and such examination reduced to writing,
and subscribed by them, respectively, in my presence
and their said deposition are now herewith
returned

Given at in the County of MorganCounty of Morgan
and State of IllinoisIllinois this seventh day of May 1846

CharlesCharles Daulton DaultonCharles Daulton

a Justice of the peace
within and for MorganMorgan County CountyMorgan County IllinoisIllinois
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Bill of

Taking depositions 2880 wrods 12 1/2 cts per 72 words $5. 00
WilliamWilliam K ProsserProsser 1 day as witness 50
Susan E ProsserProsser 1 day as witness 50 changed to
Mary Martin 1 day as witness 50 150
$6.50
25
$6.75

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State of IllinoisIllinois Morgan CountyMorgan County

It is hereby
certified that CharlesCharles Daulton DaultonCharles Daulton on
the seventh day of May eighteen hundred & forty six, was, and now
is an acting justice of the

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Peace within for the CountyCounty of Morgan
of MorganCounty of Morgan and State ofIllinois IllinoisIllinois duly commissioned and acting as such, and that full faith credit are due
to his acts as such.

[missing figure]

In testimony whereof I
JosephJoseph Hesless Clerk of the
County court
in and for the County and state aforesaid have hereto subscribed my name and
affixed the seal of office of
said court,
a of record their
seventh day of May eighteen hundred and forty six

.

J. Hesless Clk

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Opened filed May 20th 1846

Jn RulandJohn Ruland Clerk

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SarahSarah a person of color
vs
William William WaddinghamWaddingham

Depositions for Deft

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St. LouisSt LouisCircuit
November term AD 1845

SarahSarah a woman of color
vs
WilliamWilliam WaddinghamWaddingham Defendant

suit for frredom
Take Notice, That on the seventh day of may in the year of our Lord one thousand eight hundred and forty- six between the hours of
eight of the clock in the forenoon, and six of theclock in the afternoon of that day, at
the off of Charles DaultonCharles Daulton a justice of the peace
in JacksonvilleJacksonville Morgan CountyMorgan County and StateIllinois ofIllinois
IllinoisIllinois
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

WilliamWilliam WaddinghamWaddingham Defendant


HenryHenry N. HartN Hart


Attorney by appointment of Judge St LouisSt Louis Circit Court
for SarahSarah a woman of color plaintiff
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I acknowledge service of the
within notice, and waive
all objections to the formality of
said deposition.

April 18th 1846.

B. F. Thomas


atty for defendant
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State ofMissouri MissouriMissouri
county of St louis

SamuelSamuel Maxwellbeing duly sworn maketh oath and says that he did on eighteenth day
of April AD 1846serve a true and perfect copy of the withing notice on WilliamWilliam WaddinghamWaddingham in the city of St LouisSt Louis by leaving the said copy at his usual place of abode with
a white
person of his WaddinghamWaddingham family
over the age of fifteen years.
18 day of April 1845.

SamuelSamuel Maxwell


Alphonso Whitmore Justice of

Peace

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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 ofIllinois IllinoisIllinois Greeting.

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis, in the State of MissouriMissouri, wherein SarahSarah
a person of color
is the plaintiff, and WilliamWilliam WaddinghamWaddingham
is the defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said SarahSarah
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 truch touching
his knowledge of any thing relating to the said matter in controversy between the said par-
ties; 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 pro-
duced or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, 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 con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for the
county of St. LouisSt Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon,
with all convenient speed.

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

John RulandJohn Ruland

Clerk C.C.
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Depositions of witnesses produced, sworn and examined at JackJack -
sonville, in the county of MorganMorgan and state of IllinoisIllinois
before me CharlesCharles Daulton DaultonCharles Daulton a justice of the peace within
and for the County & state aforesaid, in a certain cause
now pending in the Circuit Court, of the county of
st. Louis and state of MissouriMissouriSarahSarah (a woman
of color) plaintiff, and WilliamWilliam WaddinghamWaddingham defendent
on the part of plaintiff

James U Porter of lawful age, being produced sworn
and examined, on the part of plaintiff deposeth and saith

1 At what time did SarahSarah come in to IllinoisIllinois and MorganMorgan county

Ans She came to the county and state aforesaid in the
latter part of October or the first part of November 1840

Q 2 Who did she work for while she was in MorganMorgan county, IllinoisIllinois

Ans She was working for Mrs. ProsserProsser & family during the
time I knew her

Q 3 what kind of work did she do doing her stay at
Mrs. ProsserProsser >

Ans She was working, cooking, milking

Q 4 How many children had SarahSarah when she lived
at Mrs ProsserProsser

Ans She had one child which she brought with her
when she came to said County

Q 5 Who brought SarahSarah into the county of MorganMorgan together
with her said child

Ans A. Mr. MartinMartin who was the son in law of Mrs ProsserProsser

Q 6 How long was SarahSarah at mrs.

Ans My My opinion is that she was at Mrs. Prosserss about four months

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Q-7 How long are you sure she was at Mrs Prossers
in said county

Ans I am sure she was there three or four months

Q-8 where did she then go

Ans She was then taken to StSt Louis LouisSt Louis in the StateMissouri
ofMissouri MissouriMissouri as I understood from Mrs ProsserProsser and
other members of her family

Q-9 Was SarahSarah held as a slave by Mrs. ProsserProsser , formally while there

Ans she was Mrs Peoper said she would not mind to keep her
here, if it was not
for the abolitionists but they would take her
away if she attempted to keep her, she was not will
ing to risk it, on that account.

Q. 10 Was the ProsserProsser family here

Ans They were so far as

Q. 11 What was the appearance of SarahSarah

Ans. She was tolerably tall of yellow complextion tather slight build I think

Q-12 How long have the ProsserProsser family been here

Ans. My my impression is that they came here about the
year of 1837 or 8

Janes

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I Charles DaultonCharles Daulton , a Justice of the peace within and for the county of MorganMorgan and state of Illi-
nois do here by certify that James U Porter, the deponent,, whoseplace
of residence is in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan and state of IllinoisIllinois was by
me sworn to testify the whole truth of his knowledge touching
the matter in controversy in the cause aforesaid, that depo-
nent was examined, and his examination reduced to writing
and subscribed by said deponent, in my presence, on the seventh day of May in the year eighteen hundred and forty six, between
the hours of eight of the clock in the forenoon and six of the
colock in the afternoon at the office of Charles DaultonCharles Daulton a justice
of the peace in JacksonvilleJacksonville in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan and state of Illinoins

given and certified, the seventh day of May 1846

Charles DaultonCharles Daulton J.P

.
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*[2A]

I Charles DaultonCharles Daulton a Justice of the Peace within and for the county fo MorganMorgan and state of IllinoisIllinois, do hereby certify that James KereJames Kere
the deponent whose place of residence is in the County of MorganCounty of Morgan
and state of IllinoisIllinois 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 reduced to writing and subscribed by said deponent
in my presence on the seventh day of may in the year eighteen hundred forty six, Between the hours of eight
of the clock in the forenoon and six of the clock in the after-
noon
at the office of CHarles Daulton a justice of the
peace in in the and JacksonvilleJacksonville and state of Illi-
nois

given and certified the seventh day of may 1846

Charles DaultonCharles Daulton J.P

.
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James KereJames Kere of of lawful age being next produced sworn and examined on the part of plaintiff

Q1 At what time did the ProsserProsser family come to
the state of IllinoisIllinois

Ans They havebeen in IllinoisIllinois not
less than than three years

Q2 Have they resided there ever since

Ans The Widow and her family has with the exception
of her son WilliamWilliam

Q3 A what time did Mr. MartinMartin and family come
here

Ans I cannot tell at what timeJamesJames Kere KereJames Kere

ElijahElijah Bacon of lawful age being next prd
duced sworn and examined, on the part of the plaintiff deposeth and saith

Q-1 At what time did the ProsserProsser Family come to
MorganMorgan county IllinoisIllinois

Ans They have resided here from five to eight years permanently

Q-2 At what time did Mr MartinMartin and Family come
to said county

Ans two three years since

Q3 What servant have you seen at Mrs Prossers

Ans I saw a mullatto woman there but at what time I do not now recollect

Q4 What was done with said Mullatto

Ans I understand she was taken to St LouisSt Louis MissouriMissouri
and supplied> hired, out

Q5 Had said Mullatto any children

Ans I think she had one child

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Q-6 was she held as a salve

Ans That was my understanding

ElijahElijah Bacon

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I Charles DaultonCharles Daulton a Justice of the peace within and for the
county of MorganMorgan and state of IllinoisIllinois do hereby certify that
ElijahElijah Bacon the deponent whose place of residence is in the county of MorganMorgan and state of IllinoisIllinois, was by 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 reduced
to writing, and subscribed by said deponent in my
presence on the seventh day of May in the year eighteen hundred and forty six, between the hours of eight of the
clock in the ,supplied> forenoon, and six of the clock in the afternoon at the office of Charles DaultonCharles Daulton a Justice of
the peace in JacksonvilleJacksonville in the county of morgan and
state of IllinoisIllinois

given and certified the seventh day of May 1846

Charles DaultonCharles Daulton J.P.

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Not being able to complete the taking of said depositions
by reason of the sickness of J.R. Simmons one of witnesses the further taking of the same tell tomorrow
then to be continued at the same place, and between the
same hours mentioned in the annexed notice

Charles DaultonCharles Daulton JP

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This day came the plaintiffs attorney and discontinued
the further taking depositions in thecause mentioned in the annexed notice

Given and certified the 8th day of May 1846

Charld Daulton JP

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I Charles DaultonCharles Daulton a Justice of the peace within
and for the county of MorganMorgan and state of IllinoisIllinois
do certify, that in pursuance of the annexed commis-
sion and notice came before me at the office of
said Charles DaultonCharles Daulton a Justice of the peace in JacksonvilleJacksonville in the county and state last aforesaid
M. Porter JamesJames Kere KereJames Kere , ElijahElijah Bacon, who by me
swornand examined and such examination reduced to writing and subscribed by them respective
ly in my presence and their said depositions are now herewith returned

given at JacksonvilleJacksonville in the county of MorganMorgan state of IllinoisIllinois this eighth day of may 1846


Charles DaultonCharles Daulton a Justice of the peace
in and for the county of Morgan StateIllinois ofIllinois IllinoisIllinois
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Bill of cost
Issuing/1 Subpoena - 18 3/4
taking depositions 1128 words 200 218
servy 4 0
6 30 $2,98
Certificate 25
25
$ 3.23

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State ofIllinois IllinoisIllinois M
Morgan CountyMorgan County

I JosephJoseph
Clerk of the County Common Court in and for said
county do certify that Charles DaultonCharles Daulton Esq whose name appears subscribed, to the
certificate of depositions was at the time, of signing the
same and still is and acting Justice of
the Peace within and for said county Duly commissioned and qualified according
to law and that as such full

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faith and credit should be given to all of his official ats

[missing figure]

In testimony whereof I hereby
set my hand and affix the
seal of said court at JacksonvilleJacksonville
this 9th day of may AD1846

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J.M. Porter

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Sarah
vs
WaddinghamWaddingham

Deps for plff

Opened and filed November 18th 1846

John RulandJohn Ruland Clk

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SarahSarah a woman of color
v
WilliamWilliam WaddinghamWaddingham

In St louisSt Louis circuit court November term AD 1845

Take Notice, that on the thirteenth day of november in the year of our Lord one thousand eight hundred and forty- six between the hours of
Eight o'Clock in the forenoon, and six o'Clock in the afternoon of that day, at
the office of Charles DaultonCharles Daulton a Justice of the
peace in JacksonvilleJacksonville MorganMorgan county state of IllinoisIllinois
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. St. LouisSt LouisOctober 29th AD 1846

To the above named

WilliamWilliam WaddinghamWaddingham


defendant

SarahSarah a woman of color


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SarahSarah / a woman of color

WilliamWilliam WaddinghamWaddingham
Notice to defendant

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Executed this notice in the county of st louisSt Louis
on the 29t day of October 1846 by
a true copy thereof at the usual place of abode
of WilliamWilliam WaddinghamWaddingham with a member of his
family a white person over the age of fifteen year

Samuel ConwaySamuel Conway sheriff

By GG Stevens . StevensG Stevens

Depty
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County Of St. LouisSt Louis, Ss.

The State Of MissouriMissouri,

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

Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses
in a cause depending
in our Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis, in the State of MissouriMissouri, wherein SarahSarah ,
of color, is plaintiff, and WilliamWilliam WaddinghamWaddingham is
defendent, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said plaintiff, or 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 par-
ties; 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 pro-
duced, or proven, or be referred to by the witness, you are to describe the same in his exami-
nation, 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 con-
venient, such authentication and proof of your official character may be made by the certifi-
cate and seal of the clerk of any court of record of any county of the State, District or Ter-
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, care-
fully closed up and under your seal, directed to the Clerk of the Circuit CourtCircuit Court in and for the
county of St. LouisSt Louis, MissouriMissouri, with the names of the said parties litigant endorsed thereon,
with all convenient speed.

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

John Rulland

Clerk C.C.
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Depositions of witnesses produced sworn and examined
at JacksonvilleJacksonville , in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan and
state of IllinoisIllinois, before me Charles DaultonCharles Daulton
a Justice of the peace within and for the
county and state aforesaid, in a certain
cause now pending in the Circuit court
of the county of st. louis and state of
MissouriMissouri, Between, SarahSarah a woman of
color plaintiff, and WilliamWilliam Wadding ham
defendent, on the part of the plaintiff

J. R. Simons of lawful age being being produced?
sworn and examined, on the part of the
plaintiff deposeth and saith

I am acquainted with the ProsserProsser famly, they
they removed to IllinoisIllinois about nine years since I understand they came from the state of VirginiaVirginia
I knew Thomas H. Martin the Son-in-law of Mrs
MargaretMargaret ProsserProsser I have understood that he
is now dead the widow of said MartinMartin
is now living. MaryMary is her given name
Wlliam, Susan MaryMary , Margaret, John Robert SamuelSamuel are the names of the children of John
ProsserProsser dec'd I suppose that John Martin
died some two or three years since MartinMartin
was in IllinoisIllinois on a visit before he removed
to the state, and I think he removed to the
county about four years since I never heard from Mrs,ProsserProsser of her family that they claimed to own blacks
I have heard from others that they owned a

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negro woman, I either saw or heard that
the woman that I have spoken
before as being at Mrs Prossers had a child
with her when there, I do not know whether
said woman and child were claimed by
Mrs ProsserProsser as slaves or not I do not
know when the woman and child did
came to IllinoisIllinois or who brought them, or
when they were taken away, or who -
from IllinoisIllinois nor where they came
from I am related to Mrs ProsserProsser only
by marrige, my son married Mrs. Prossers
Daughter and my Daughter married Mrs
Prossers Brother-in-law MrMartinMartin was employed as a clerk in my store while he and his wife resided here but I do not recollect how long.
I do not know whether MrMartinMartin and family
corresponded with Mrs. ProsserProsser and her family
before they MartinMartin and family, came to IllinoisIllinois
I do not recollect at what time or how long
the negro woman alluded to was at Mrs.
Prossers MartinMartin was here some time before he
removed the interval was not long between

JJ R Simons . RJ R Simons . SimonsJ R Simons

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State ofIllinois IllinoisIllinois
Morgan CountyMorgan County

I Charles DaultonCharles Daulton a Justice of the peace
of said County do hereby certify: that J.R. Simons, the deponent
whose place of residence is in the county of MorganMorgan state of IllinoisIllinois, 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 reduced to writing and subscribed by said deponent in my
presence on the thirteenth day of November in the year of our lord one thousand eight hundred forty six, between the hours of eight O clock in the forenoon and
six o clock in the afternoon at JacksonvilleJacksonville in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan and
state of IllinoisIllinois

given and certified the 13th. day of November A.D. 1846

Charles DaultonCharles Daulton J.P.

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Elias Brown lawful age being next pro
duced sworn and examined on the fort
of the plaintiff deposith and saith

I know Mrs MargaretMargaret ProsserProsser and her family
the family of MrsProsserProsser did claim to be
the owner of slaves since they came to the
state of IllinoisIllinois they claimed to own a
negro woman by the name of SarahSarah this must have been in the winter of 1841 or 2
that I saw said woman with he child at
the house of Mrs ProsserProsser , when I saw it,
it was sitting on the floor, I
he was the son-in-law of Mrs ProsserProsser said
MartinMartin and family resided in Illinoins in the
winter of 1842 and 3 and boarded at my
house in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan, he MartinMartin
was not in business here at that time
but was afterwards employed as a clerk
in the store in JacksonvilleJacksonville the woman SarahSarah was held in Slavery
by MrsProsserProsser . while in IllinoisIllinois I do not
know whether she was claimed as the indi-
vidual property of Mrs. Prssen or whether
by the estate.

Elias Brown

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State of IllinoisIllinois Morgan CountyMorgan County

I Charles DaultonCharles Daulton a Justice of the peace
of said county do hereby certify that Elias Brown whose
place of residence is in the County of Morgan & State of IllinoisIllinois
was by sworn to to testify the whole truth of his

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knowledge touching the matter in controversy in
the cause aforesaid, that deponent was examined
and his examination reduced to writing and sub
scribed by said deponent in my
presence, on the thirteenth day of November in theyear of our lord one thousand eight hundred and forty six, between the hours of eight O Clock in
the forenoon, and six O Clock in the afternoon
at JacksonvilleJacksonville , in the CountyCounty of Morgan ofCounty of Morgan MorganCounty of Morgan and
state of IllinoisIllinois

given and certified the 13th day of Novem-ber AD. 1846

CharlesCharles Daulton DaultonCharles Daulton J. P.

[missing figure]
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State of IllinoisIllinois
Morgan CountyMorgan County

I CharlesCharles Daulton DaultonCharles Daulton a Justice
of the Peace within and for the county of MorganMorgan
and state of supplied> IllinoisIllinois do certify, that in pursuance
of the annexed commission and motive, came
before me at my office in JacksonvilleJacksonville in the
county & state aforesaid JJ R Simons . RJ R Simons . SimonsJ R Simons and
Elias Brown, who were there by me sworn
and examined, and such examina
tion reduced to writing, and subscribed by
them respectively, in my presence (there being present
at said examina-
tion DavisDavis Esq.attorney for
plaintiff, and Dr. S. M. ProsserProsser agent or attorney
for the defendant,) and the said depositions are now herewith returned

given under my hand and seal at
JacksonvilleJacksonville in the county state aforesaid
this 13th day of November A. D. 1846

CharlesCharles Daulton DaultonCharles Daulton J. P.

[missing figure]
cost $2.00
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State Of IllinoisIllinois,
Morgan CountyMorgan County,


Ss.

I, , Clerk of the county mission court, within and for said county,
Do hereby Certify, that Charles DaultonCharles Daulton Esq
whose name appears to the attached Certificate of Deposition was, at the time of
signing the same, and still is an acting justice of the peace, within and for
said county, duly Commissioned and Qualified according to Law, and that as such
full faith and credit should be given to all his official acts.

[missing figure]
In Testimony Whereof. I hereto set my hand and affix the
Seal of said Court, at JacksonvilleJacksonville , this 13th day of November

Clerk.
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County Of St. LouisSt Louis, Ss.

The State Of MissouriMissouri,

To
William MilburnWilliam Milburn
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 first day of DecemberA.D.1846 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 SarahSarah a woman of colors is
plaintiff and WilliamWilliam WaddinghamWaddingham
defendant on the part of defendant.
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 twenty seventh day of Novermber in the year of our Lord one thousand eight hundred and forty six

John RulandJohn Ruland

Clerk, C. C.
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Circuit CourtCircuit Court Nov. Term 1846

SarahSarah of Color
vs
WilliamWilliam WaddinghamWaddingham

for Dec. 1st 1846

William MilburnWilliam Milburn

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Executed November 27th 1846 by

SamuelSamuel Shff


By

Dep

.
service 50 cts
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The State Of MissouriMissouri,


County Of St. LouisSt Louis, Ss.

ToGeorge Kilby - Alphonso WitmoreAlphonso Witmore
Duportal D. Davis
Greeting:

You are hereby commnaded, that setting side all manner of excuse and delay, you appear
before the Judge of our Circuit CourtCircuit Court ,forthwith
at the City of St. LouisCity of St Louis, then and there to
testify, and the truth to say in a certain matter of controversy now pendng in our said Court,
wherein SarahSarah a woman of color is
plaintiff and WilliamWilliam WaddinghamWaddingham
defendant on the part of plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal there of hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 1st day of december in the year of our Lord one thousand eight hundred and forty six

John RulandJohn Ruland

Clerk, C.C.
View original image: Page  064

Executed December 20 1846by reading it & to George Kilby and A Witmore, and D D Davis

SamuelSamuel Conway

ConwaySamuel Conway

Sheriff


By GG Stevens . StevensG Stevens
Deputy
Fees $1.30
View original image: Page  064
SarahSarah
v
WaddinghamWaddingham

Wit for pltf forthwith

Geo Kilby


Tobacconist- Main for
or

A Witmore


D D Daavis

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County Of St. LouisSt Louis, Ss.

The State Of MissouriMissouri

,

To 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 fourth day of december 1846 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 SarahSarah a colored woman
plaintiff and WilliamWilliam WaddinghamWaddingham
defendant on the part of supplied> pltf, 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 4th day of December in the year of our Lord one thousand eight hundred and forty- six

JohnJohn Ruland RulandJohn Ruland

Clerk, C.C.
View original image: Page  066

ExecutedDecember 4th 1846 by making known to
Dr. WhiteWhite the contents of this writ

S Conway

Sheriff

by D. H. Bishop Deputy

service 50 cts
SarahSarah vsWaddinghamWaddingham

Dr WhiteWhite County

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CountyWhite County Of St. LouisSt Louis, Ss.

The State Of MissouriMissouri,

To NathanialNathanial Childs Leut - Mr and Miss
Vanburger / him on for main & 2d st right hand side
Dr Barrett, Miss Miller
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 fourth day of December 1846 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 SarahSarah a person of color is
plaintiff and WilliamWilliam WaddinghamWaddingham
defendant on the part of plaintiff
and herein you are in no wise to fail.

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said Court, with
the seal thereof hereto affixed, at office, in the City of StCity of St Louis.
LouisCity of St Louis, this 4th day of December in the year of our Lord one thousand eight hundred and forty-six.

John RulandJohn Ruland

Clerk, C.C.
View original image: Page  068
SarahSarah
vs
Waddingham

Nathanial Childs, sent
Mrs & Miss Vanburgen 2d streets

Dr Barrett


Miss Miller

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Executed December 3 1846 by reading
it to N Childs Leut also by Mr
Vanbergen and Miss Vanbergen in St Louis County by copy
Dr Barrett & Miss Miller not found in

Samuel ConwaySamuel Conway
Sheriff

By GG Stevens . StevensG Stevens
Depty

Fee 1.70
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County Of St. LouisSt Louis, Ss.

The State Of MissouriMissouri,

ToWilliam MilburnWilliam Milburn 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 15day of December
AD.1846 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 SarahSarah (a woman of color)
plaintiff and WilliamWilliam WaddinghamWaddingham
defendant on the part of defendant 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 fourteenth day of December in the year of our Lord one thousand eight hundred and forty- six

JohnJohn Ruland RulandJohn Ruland

Clerk, C. C.
View original image: Page  070
SarahSarah of color
n.
Wm WaddinghamWilliam Waddingham

Wm MilburnWilliam Milburn

View original image: Page  070

Not found

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County Of St. LouisSt Louis, Sct

.

State Of MissouriMissouri

,

To the Sheriff of St. Louis County-Greeting

:

We command you to attach Geo Kilby, Dr White
Nathaniel Childsby their bodies and them safely keep, so that you have their bodies before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the
County of St. LouisCounty of St Louis,on theforthwith184 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 SarahSarah of color
plaintiff, and WilliamWilliam WaddinghamWaddingham defendant, wherein
the said Kilby, White and Childs have heretofore been summoned
on the part of the said SarahSarah

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 14th day ofDec in the year of our Lord, one thousand eight hundred and forty- six

Clerk, C.C.
View original image: Page  072

Executed this writ by having the Body of George Kilby before the judge of the circuit court in the county of St LouisSt LouisDecember 14th 1846

Samuel ConwaySamuel Conway

Sheriff

By O S Fuller
Deputy

WhiteWhite not served by order
counselBishop
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SarahSarah of color vWaddinghamWaddingham

Attach forthwith

White

Kilby
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County Of St. LouisSt Louis, Sct

.

State Of MissouriMissouri

,

To the Sheriff of St. Louis County-Greeting:

We command you to attach Duportal D Davis
by his body and him safely keep, so that you have his body before
the Judge of our Ciruit Court, now in session at the City of St. LouisCity of St Louis, within and for the
County of St. LouisCounty of St Louis,forthwith 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 SarahSarah of color
plaintiff, and WilliamWilliam WaddinghamWaddingham defendant, wherein
the said D D Davis has heretofor been summoned
on the part of the said SarahSarah

[missing figure]
Witness, John RulandJohn Ruland , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 15th day of
dec in the year of our Lord one thousand eight hundred and forty- six

John RulandJohn Ruland

Clerk, C. C.
View original image: Page  074

Executed this writ on the 15th day of December 1846
by having before the Court the body of D D Davis he
having come in however before service

S. Conway Sheriff

By

D. H. Bishop Deputy

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1.00

50

1.70

1.50

50

50

5.70

Clk 3.50

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SarahSarah vWaddinghamWaddingham

att forthwith

D D Davis

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St louis Circuit court nov. term 1846

.
SarahSarah of color vsWilliamWilliam WaddinghamWaddingham

The defendant in the above
entitled case, moves the court to set asidethe
verdict and grant a trial; Because

1st The verdict is against the evidence

2nd The verdict is against the law

3rd The verdict is against the law and evidence

4th The verdict is against the wieght of testimony

5th The court erred in ruling out certain facts of
the of the depostions offered to be read on the part of defendant

6th The court misinstructed the jury

7th The court erred in refusing to grant the
instructions asked for by defendants counsel

8th The court erred in giving verbal instructions
to the jury: that is in verbally instructing the jury that the matters chiefly relied upon by the defendant in defence of this suit to wit the sickness of the plaintiffs child while
in IllinoisIllinois at Mr Wm K Prosser between the latter part ofnov 1840, and
the ninth of february 1841 - the bad state of the
roads - the cold and inclement weather - at
that time, afforded noexcuse or justification for Mrs ProsserProsser in detaining plaintiff in IllinoisIllinois inasmuch as the mother and child are separate and distinct pieces of property.

9th The Court erred in accompanying the instruc-
tions given to the jury with the above verbal remarks

HarveyHarvey & ThomasThomas


attys for defendant
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St. LouisSt Louis Circuit court
nov. term 1845

SarahSarah (of color)
W, Waddingham

Motion reasons for
a new trial

HarveyHarvey & ThomasThomas


Attys for Deft
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FiledDec.17th. 1846

Jn RulandJohn Ruland Clk

View original image: Page  077
SarahSarah (of color)
vs
Wm WaddinghamWilliam Waddingham

Circuit court nov. 7 1846
suit for freedom

.

Said defendant by his
Counsel
moves the court to cause said above
entitled cause to be redocketed in order
that the motion for a new trial formerly
filed, by defendant in said case may be
reheard
& argued by defendants counsel becuase
.

Said motion for a now trial
was called up argued by plaintiff counsel overruled by the court after the usual
adjourning hour of said court, to wit,
on the 16th day of january AD 1847, & after 4 O clock of said day the established
hour for adjourning
& in the absence of
defendants counsel.

HarveyHarvey ThomasThomas , atty for def


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Circuit
Nov T. 1846

SarahSarah (of color) Wm WaddinghamWilliam Waddingham

motion for rehearing
of motion for new trial
formerly filed in this
case.

HarveyHarvey ThomasThomas


attys for Deft
View original image: Page  078


Filed feb. 2nd 1847

Jn RulandJohn Ruland clerk

.
View original image: Page  079
SarahSarah of Color,
Wm WaddinghamWilliam Waddingham

St. Louis Circuit CourtCircuit Court
nov. term 1846

.

Be it remembered that on the trial of the above entitled cause the plaintiff read in evidence the following deposition (present deposition of J. M. Porter, James KereJames Kere , Ilijah Bacon, J. R. Simms Elias Brown

White, summoned on the part of the plaintiff, testified that he knew plaintiff
that he had practised for her and her children for several years in St LouisSt Louis. a gentleman by the name
of Wm K. Prosser employed me to attend her
plaintiff was in my employ - I can't say when she came into my employ don't
don't know who hired her to me originally don't don't know to when I paid the hire, don't know where
she came from when she came into my employ
I think she went to Mr Child's when she left me.
I think Mr ProsserProsser took her away from me. He
came to my house to receive her pay, the first
child had the bowel complaint, owing to teething.
It was in the summer when I attended her. don't know how old the child was, can't tell what
part of the summer it was; don't know the year
when I attended the child:- think it was sometime
in the year 1842:- can't however, be positive about that.

NathanialNathanial Childs Senior testified that the plaintiff
lived at his house about three months in the latter part of 1840 upto march 1842. I really did not hire her from any one my family told me
there was awoman for hire and they hired her
according to my direction. SarahSarah went to Dr. WhiteWhite when she left my house. I understood Mr ProsserProsser

View original image: Page  080

- that

called upon me for her wages; plaintiff child died while at my house. don't know what was the matter
with her child.

George Kilby testified that he knew plaintiff she was in his employ for sometime; don't know that she was ever in IllinoisIllinois, I never saw her in
defendants employ. I hired her about
the 10th or 11th of April 1844I had her for six months when I wrote to Wm K. Prosser to come and take her away. I hired her from Mr MartinMartin , ProsserProsser claimed plaintiff as belonging to his mother: that at the
that at the time of bringing this said witness had no control
over plaintiff was plaintiff his charge & control the if the witness had delivered her up according to the order of
Dr.ProsserProsser , he could have held witness liable;
from court if witness
did not wish for her to stay any longer at his
house, to send her to him.*[2A]

was all () this had had .

all the .

This was all evidence on part of plff- Defendant read in evidence the following depositions of said depositions next depositions of SusanSusan C.
Prosser Mary Martin, Samuel A Prosser Wm K ProsserProsser ._

The Court when objetioned by plff ruled out questions 6, 8, 9, 11, 12
13, 14, 15, 18, 20, 21, & 22, and marked in pencil in the margin in Wm K. Prossers defs
, to which decision of
the court, defendant accepted at the time.

In SamuelSamuel M. Prossers deposition, the

View original image: Page  081

HenryHenry S Hart, stated
that he sent for WaddinghamWaddingham before the
filing
of the petition for the reason that the repres
ted owners lived in IllinoisIllinois and he was at a loss
to know who to make defendant as Kilby had
denied having the plaintiff in his control, thus
WaddinghamWaddingham came, and stated that he hired such
from Wm K. Prosser, and that she was under his
charge and control, that he held her as a slave and
that witness could not obtain her freedom that he was present
when WaddinghamWaddingham
told Kilby, after he Kilby
had told him that Dr ProsserProsser
had sent an order
for SarahSarah , that if he Kilby had delivered her up to
the order of Dr ProsserProsser
, he WaddinghamWaddingham
would have
held him Kilby personally liable, and requested
Kilby
to send her to his house.

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[3] and âJacksonvilleJacksonville â, in the 2nd page, & 4th line from top, down
to the workds âMrsâ-being about 13 1/2 lines & included
within pencil marks; as also, from the word âMartinMartin â
on 2nd page, & 23rd line from Top, down to the word âMrâ.
- being about nine lines & included within pencil
marks upon objection read by plff- were ruled out by the court on the ground
of irrelevancy to which decision of the court defendant excepted at the time he SusanSusan & ProsserProsser questions 5. 7. 8. & 11. and in Mary Martin
questions 6. 13. & 14 the several answers thereto were ruled out
& excluded by the court of the trial-

This was all the evidence on the part of defendant.

Defendant asked the Court to give the
following instructions ( all of defendents instructions) which the Count refused to do, and which the court fefused to do and to which
refusal of the Court defendant by his counsel excep-
ted at the time.

The Court then instructed the jury as follows
(insert instructions given by the Court) to the giving
of which instructions defandant by his counsel excep-
ted at the time.

The jury returned the following verdict (not the verdict of the jury)

Afterwards defendant filed a motion for
a new trial in this case, as follows, (insert motion for a new trial) which the court overruled,
which ruling of the court, defendant by his counsel excepted at the time, and prayed that his Bill of
exceptions in that behalf might be allowed. which
is accordingly done this 8th, day of february A. D. 1847; and upon his motion, the same is ordered
to be made part of the record in this case.

John M KrumJohn M Krum

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SarahSarah (of color)
Waddingham

Bill of exceptions

FiledFeb. 8th. 1847

Jn RulandJohn Ruland clerk

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SarahSarah (of Color)
vs
Wm WaddinghamWilliam Waddingham

Circuit CourtCircuit Court Nov. Term 1847

.

On this eighth day of Febru-rary in the year aforesaid one thousand eight hundred and forty seven before me
the undersigned John RulandJohn Ruland , Clerk of the
St. LouisSt Louis circuit court, personally came
WilliamWilliam WaddinghamWaddingham , defendant in the
above entitled case, who being by me duly
sworn on his oath states that the appeal
in the above entitled case is not made for
vexation or delay, but because
believes that appellant is agreived by the decision of the court in this cause.

Subscribed and sworn to before
me Feb 8th 1847

Jn RulandJohn Ruland clerk

WilliamWilliam WaddinghamWaddingham

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St. Louis Circuit CourtCircuit CourtNov. 1847

SarahSarah (of Color)
vs
Wm WaddinghamWilliam Waddingham

for appeal

filed Feb 1847

Jn RulandJohn Ruland clerk

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In the present suit for freedom under the statute
of MissouriMissouri, the plaintiff claims that her has violated the ordinance of IllinoisIllinois
of 1787, by introducing slavery wiithin its limits
the question to ascertain, whether such violation has been committed and a forfeiture
of her mistress or any
to hold any further the plaintiff in slavery, is whether
Mrs MargaretMargaret K KMargaret K . ProsserProsser , received SarahSarah into
the State of IllinoisIllinois and Kept her any time in
said State as a slave, and whether the plaintiff
could possibly have been sent to a slave State at any
time previous to her being brought to MissouriMissouri
if the jury should find these facts in the affirmation
then the plaintiff is entitled to her freedom and
they must find the defendant guilty

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SarahSarah
vs
WaddinghamWaddingham

Instructions for plaintiff

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2.

That an emigrant passing into or thro
IllinoisIllinois, of residing
in that state - and having with him a slave
thus passing thro or temporary soujourning
with said slave not with
to his freedom.

3.
If the jury believes thatSarahSarah was taken
to her mistress's house. WmProsserProsser . or
a visit, and not held there as a residing slave.
they must find for the defendant.

4.

- That if they believe that SarahSarah , being
on a visit in IllinoisIllinois, was detained there
by something of the nature of necessity -
such as swollen streams of water - which could not be crossed without danger -
serious sickness of the family or of
her own child - that then things actu-
ally did exist in preventing the return of SarahSarah - and that she did
return to St LouisSt Louis as soon as they
were removed - then they ought to
find for the defendant.

5. That the act of MartinMartin in removing SarahSarah cannot impair the rights of her owner
unless such act were done with the
knowledge & consent of her owner
or the subsequent ratification of such owner.

4 Mo.Rep. 352.

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1. If the jury from the evidence

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SarahSarah vs Wadding ham
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Defendant's Instructions

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If the jury believes from the Evidence that
SarahSarah , the Plaintiff in this action was taken
to the State ofIllinois IllinoisIllinois by any person having
the right or claiming the right to the service of the Plaintiff - & that she was there detained in IllinoisIllinois & there held
in servitude for the space of three or
four months- the plaintiff is entitled to
her freedom & the jury will so
findi in their verdict - (Here z.)
But if the jury believes from
the Evidence that the Plaintiff SarahSarah
was only taken to Illinoise temporarily
by the person or persons having
the right or claiming the right
to the service of the Plaintiff. & only
detained or kept there during
a temporary visit of such
person, without any intention
or purpse on the part of such
person or persons to keep or detain SarahSarah ,
in servitude in IllinoisIllinois or beyond
a mere temporary visit where they contemplate as the time of going, there -
if these facts appear in Evidence
to the satisfaction of the jury, they
Should find for the defendant

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The sickness of the child of SarahSarah - bad
roads - Cold weather high water bad and uncomfortable traviling constitute no legal excuse or jus-
tification for detainingSarahSarah
in IllinoisIllinois beyond the time necess-
ary to the temporary
visit of the person or persons who took SarahSarah to & which they had in
of taking her into that State -

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Sarah vsWaddinghamWaddingham
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that a visit or occasional visits or a slave
from a slave state to his or her master in IllinoisIllinois does not Work

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No. the in

If the jury believes from the evidence that MartinMartin
brought SarahSarah into IllinoisIllinois without the assent
of Margaret KMargaret K ProsserProsser , but that after he ar-
rived at the residence of said ProsserProsser in said
state she the said ProsserProsser received said SarahSarah and took control over her as a slave
and kept her for some time in said state of IllinoisIllinois
as her slave and used her as such and that said ProsserProsser could have sent her out of IllinoisIllinois prior to the time SarahSarah was brought to MissouriMissouri
and that the defendant was in St. LouisSt Louis for said ProsserProsser
then they must find the defendant guilty.

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If the jury believe from the evidence that the
plaintiff was only temporarily kept in Illinoise, and
merely as the servant of a transient visiter, then
she did not thereby acquire a right to her freedom

2. Dec. 17 If the jury believe from the evidence that J H Martin
took the plaintiff to IllinoisIllinois, on a temporary
visit to his relatives while said plaintiff was
in his service, (according to the terms of the
control of control between said MartinMartin and
Margaret KMargaret K . ProsserProsser (the legal owner of the
plaintiff) and that she was taken to said state
without the knowledge and consent of Mrs.
ProsserProsser , there such fact does not give the
plaintiff a right to her freedom.

3. Dec. 17. If the jury believe from the evidance there
J. H. Martin took the plaintiff to IllinoisIllinois,
without the knowledge and consent of her legal
owner (mrs. MargaretMargaret K KMargaret K . ProsserProsser ) and that
her owner used every means to sand her back
to a slave state, but was presented from so
doing immediately, though fear of endan
garing the life of the infant child of the plain
tiff, which was then dangerous sick, that
this is not such a holding in slavery, under
the law as entitles the plaintiff to her
freedom, and that verdict to be for
the defendant.

4. If the jury believe from the evidance that
plaintiff was carried to the state of IllinoisIllinois
without the knowledge and consentof her legal

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owner (Margaret KMargaret K .ProsserProsser ) and that
Mrs. ProsserProsser endeavored to send her back to a
slave state, but was prevented from so doing,
for some time, owing to the sickness and
delicate condition of plaintiffs infant child,
and that Mrs. ProsserProsser did send her out of the state
of IllinoisIllinois, so soon as the health of the child,
the bad state of the roads and the incliment winter
weather permitted, without detriment to the
feeble health of the child, then such detaining
of plaintiff in IllinoisIllinois, for the causes aforesaid, does
not entitle her to her freedom, and the verdict ought to be for the dependant.

Dec.17. 5. Before the jury can find for the plaintiff in this action
they must be satisfied from the evidence that the
plaintiff was taken to the state of Illinoise with the
knowledge and consent of her legal owner, and that her
owner (MargaretMargaret K KMargaret K . ProsserProsser ) detained plaintiff
in that state with the intention of holding
her in slavery.

If the jury believe from the evidence that the
plaintiff was carried to the state of IllinoisIllinois without the
knowledge and consent of her legal owner, and
that her owner (Mrs. M. K. ProsserProsser ) detained, There and longer Than the sickness of her child the bad state of
the roads and the inclement weather, made it
necessary, and that plaintiff was sent out of said
state as soon as possible without without endangering
her child's life, then such detention in
Ilinois does not give the plaintiff a right
to her freedom and ther verdict ought to be for
the defendant.

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SarahSarah
vs
WaddinghamWaddingham

for defendant

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SarahSarah a woman of color
vs
Wm Wadding ham

If the jury beleive that
The owner of the plff resided in IllinoisIllinois and
while so residing there the plaintiff was held
and used as a slave with the owners for any
time the jury will find for the plff

The jury are instructed
that the alleged sickness of the plffs child
in IllinoisIllinois is no excuse
why the said
plff was kept in there.

Dec 17 Refused Dec17

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SarahSarah
vs
WaddinghamWaddingham
Instructions refused
for plaintiff.