August Term of the Circuit CourtCircuit Court

WinnyWinny a woman of colour by James HJames James HH Peck her attorney complains of of a plea of trespass for said SamuelSamuel on the first day of April year of our Lord one thousand eight hundred and, twenty with force and arms made an assault upon the said WinnyWinny, to writ at st Louis in the county aforesaid and then and there seized and took hold of the said WinnyWinny and her the said WinnyWinny kept and detained for a long space of time to writ for the space of five days than next following and also then and there forced and compelled the said WinnyWinny to labour and perform menial services for persons and then and there imprisoned the said WinnyWinny and kept and detained her in prison without any reasonable or probable cause for a long space of time to writ the space of the five days last aforesaid contrary to the statute in that case made and provided and against the will of the said WinnyWinny, whereby the said WinnyWinny was not only prevented from pursuing her necessary business but was also otherwise thereby fied and injured to writ at St LouisSt Louis in the county aforesaid and also for that the said on the second day of april in the year of our Lord one thousand eight hundred and with force and arms made an assault the said WinnyWinny to writ at St LouisSt Louis in the aforesaid and then and there beat bruised and ill treated the said WinnyWinny and then and there the said WinnyWinny and kept and detained her in prison without any reasonable or probable cause what soever for a long space of time to writ for the space of nine days then next following contrary to the laws of this territory and against the will of the said WinnyWinny and other wrongs to the said WinnyWinny then and there did, to the great damage of the said WinnyWinny and against the Peace of the United StatesUnited United StatesStates of AmericaAmerica wherefore the said Win ney saith the is injured and hath sustained damage to the amount of one thousand dollars and therefore she sues

WinnyWinny - & woman of colour vs SamuelSamuel Donner

This is an action of trespass with force and arms let a sum mons issue Peck att for plff

executed this writ on SamuelSamuel Donner by within writ he & petition to him in the Town of St LouisSt Louis 3rd June 1820

We command you to summon SamuelSamuel if he be found in your County that he appears before the judge of our circuit at the next term thereof to be held at the St LouisSt Louis within and for the county of St LouisSt. Louis on the first Monday in August next then and there to answer unto WinnyWinny a woman of colour of a plea of trespass to the damage of the said plaintiff One Thousand Dollars and have you then there this writ

The Petition of WinnyWinny a woman a woman of colour humbly represents that on the twenty first day of October in the year of our Lord One thousand eight hundred and seventeen she was the property of a certain Jenning Beckweth and by him at that date owned as a slave. That at the said date in the Town and County of St LouisCounty of St. Louis (Where the said Beckweth then lived and held your Petitioner as aforesaid) a certain conversa-tion was had and moved by and between the said Jennings and a certain SamuelSamuel Donner concerning the emancipation of your Petitioner when i was then and there agreed by and between the said Jennings and SamuelSamuel that for and in consideration of the sum of three hundred dollars by the said SamuelSamuel paid to the said Jennings and for and in consideration that it was the desire and intention of the said Jennings that your Petitioner should be emancipated at such time and on the fulfilment of the condition herein after mentioned on the be half of your Petitioner that is to say when your Petitioner should pay to the said Sam uel Donner the sum of three hundred and fifty dollars by her work and labour or earning the same for the said SamuelSamuel by facing or otherwise, that then your Petitioner should be free and emancipated. and your Petitioner States for the consideration aforesaidand with the intention aforesaid as will more freely appear by an indenture between the said parties under their hands and seals containing the stipulating and covenants to the effect aforesaid a copy of which is here to the court produced and desired to be taken as a part of this Peti tion. your Petitioner was transferred and the possession of the said SamuelSamuel Donner and your Petitioner states that since she has been So transferred she has paid the said Donner a large amount of money and has also earn ed by her work and labour as a hired servant by the said Donner a large amount of money to and for the use of the said Donner and by him actually received and your Petitioner expressly states that the amount of money by her paid to the said Donner (as apart of the amount in the said indenture mentioned by her to be paid to the said Donner and the amount by the said Donner received for her work and labour as a hired servant as a foresaid since the said transfer makes in the whole considerably more than the said sum of three hundred dollars the sum to the paid before her emancipation as in the said indenture is specified and your Petitioner humbly insists that she according to the

tentrain of the said indenture is intended to her freedom yet your Petitioner states the said SamuelSamuel the Promises not with- standing (he well knowing the same said retains and keeps her as a slave and refuses to allow her for freedom your Petitioner therefore prays that she may be permitted to sue as a poor person to obtain her freedom and your Peitioner will ever pray

Petition WinnyWinny vs SamuelSamuel Donner

and the SamuelSamuel Donner by his attor ney comes and defends the force and injury when and says, that he is not guilty of the said supposed trespass above said to his charge or any part thereof in manner and from as the said WinneyWinney hath above thereof complained against him and of this he the said SamuelSamuel Donner puts him self upon the country se

SamuelSamuel Donner ads WinneyWinney a woman Of colour- Plea

You are hereby commanded to summon John Bothick that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on the ninth day of January at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney is plaintiff, and Saml Donner is defendant on the part of the plaintiff and have you then and there this writ.

WinnyWinny vs Donner

John Bothick not found

You are hereby commanded to summon Barbara Shope NancyNancy Brazier Thomas WilliamsThomas Williams Jesse CreightonJesse Jesse CreightonCreighton that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit court on the ninth day of January at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney vs plaintiff, and SamuelSamuel Donner is defendant on the part of the plaintiff and have you then and there this writ.

WinnyWinny vs Donner

not served in con- sequence of the sudden adjourn-ment of the court

You are hereby commanded to summon Mathias McGirkMcGirk Kusucker MaryMary Paddock senr H Cozins that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit court on the ninth day of January at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny is plaintiff, and Saml Donner is defendant on the part of the plaintiff and have you then and there this writ.

WinnyWinny vs Donner

not served in consequence of the sudden adjournment of court 26th Dec. 1820

You are hereby commanded to summon B Shope N Brazier Thomas Willams Jesse CreightonJesse Jesse CreightonCreighton that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit court on the Eighteenth day of April at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny is plaintiff, and Saml Donner is defendant on the part of the plaintiff and have you then and there this writ.

Served this writ Barb ara Shope (alias CollinsCollins) on the 2nd Febry on Thomas WilliamsThomas Thomas WilliamsWilliams the 21st Feb in the Town of Bon homme Jesse CreightonJesse Creighton & N. Brazier not found

WinnyWinny vs Saml Donner

You are hereby commanded to summon Mathias McGirkMcGirk Kusucker MaryMary Paddock Senr, that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of circuit court on the 18th day of April at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny is plantiff, and Donner is defendant on the part of the plantiff and have you then and there this writ.

Served this writ On Kusucker

WinneyWinney vs Donner

Served this writ onHoratio Cozens On the 8th day February 1821 and on on the 12th July 1821. And on MaryMary Paddock senr 18th Apr 1821 by delivering her a copy hereof at her residence in St LouisSt. Louis Township in Mathias and McGirkMc- McGirkGirk not found in my county

You are hereby commanded to summon John Bothick that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on the Eighteenth day of April at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinnyWinny is plaintiff, and Saml Donner is defendant on the part of the plaintiff and have you then and there this writ.

18 WinnyWinny vs Donner

Served this writ on John Bothick on the 10th February in S LouisS Louis

You are hereby commanded to summon Issac A. Letcher Francois M Guyol Jesse CreightonJesse Creighton & John L SuttonJohn L. Sutton that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our circuit court on the forteenth day of at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney a woman of colour is plaintiff, and SamuelSamuel Donner is defendant on the part of the Deft and have you then and there this writ.

Served this writ on John L SuttonJohn L. Sutton 23rd April 1821. by reading, and a JesseJesse Creigh- ton 24th April 1821 by- reading and an Isaac AIsaac A. Letcher by reading by in S LouisS Louis Township 25th April 1821 Guyol not found in my county

WinneyWinney vs Saml-Donner

plea

You are hereby commanded to summon Thomas WilliamsThomas Williams that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on the forthwith day of at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney is plaintiff, and SamuelSamuel Donner is defendant on the part of the plantiff and have you then and there this writ.

Thomas WilliamsThomas Williams not found in any county 24th April 1821.

WinnyWinny vs Saml Donner

You are hereby commanded to summon Isaac AIsaac A Letcher that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on the forthwith day of at the town of St LouisSt. Louis, then and there to testify And the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney is plantiff, and SamuelSamuel Donner is defendant on the part of the plantiff and have you then and there this writ.

WinnyWinny & Donner

served this writ On Isaac AIsaac A Letcher in the Township of St LouisSt. Louis by reading it to

We command you to attach MaryMary Paddock alias Barbara CollinsCollins Barbara Shope if they may be found within your bailiwick, and bring them on the 27th- April 1821 forthwith before the judge of our circuit court now sitting at the town of St LouisSt. Louis, within and for the county of St LouisSt. Louis, then there to answer unto the MissouriState Missouriof Missouri, touching a certain contempt by them committed, in not at-tending as a witness in a case of WinnyWinny plaintiff and Saml Donner defendant on the part of the plantiff after being legally summoned by the sheriff of the said county, and have you then there this writ.

WinnyWinny vs S Donner

The of Mrs MaryMary Paddock and Barbara Shope Alias CollinsCollins are now before the court

You are hereby commanded to summon FrancoisFrancois that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our circuit court on the now sitting day of forthwith at the town of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein WinneyWinney a woman of colour is plaintiff, and SamuelSamuel Donner is defendant on the part of the and have you then and there this writ.

WinnyWinny vs S Donner

served this writ on Francois M Guyol on the 27th April 1811. by reading it to him in the township of st Louis Thomas Williams not found in this County

We command you to attach John Bothick if he may be found within you bailiwick, and bring him forthwith Before the judge of our circuit court now sitting at the town of St LouisSt. Louis, within and for the country of St. Lonis, then there to answer unto the MissouriState Missouriof Missouri, touching a certain contempt by him committed, in not attending as a witness in a case of WinneyWinney is plaintiff and SamuelSamuel Donner is defendant on the part of the plaintiff after being legally summoned by the sheriff of the said country, and have you then there this writ.

WinnyWinny vs Donner Attachment for Jno Bothick

Served this writ on John Bothick in the Town-ship of St LouisSt. Louis and have his body before thecourt this 26th day of April 1821.

Be it remembered that on the trial of this cause the plaintiff offered in evidence a certain indenture executed by and between Jennings Beckwith and SamuelSamuel Donner of the following to wit : "MissouriMissouri Territory St LouisSt. Louis county This indenture that Jennings Beckwith of the county and territory aforesaid now owns and is possessed of a mulatto woman named WinnyWinny, a slave of the said Jennings. The said Jennings doth hereby emancipate and set free the said WinnyWinny, and hereby discharges her from all manner of obligation of servitude or slavery from him, to take effect only on the following conditions and at the expiration of the following time, that is to say. That whereas SamuelSamuel Donner of said county has paid to me in hand for the said WinnyWinny the sum of three hun dred dollars. Now when the said WinnyWinny shall pay to him the said SamuelSamuel Donner the sum of three hundred and fifty Dollars, then she is to be free and emancipated as aforesaid; until which time she is to be the property of the said SamuelSamuel, and serve him as a slave; only that the said SamuelSamuel Don ner shall not sell said WinnyWinny as a slave under pain of her being free the moment she is sold as a slave But the said Donner may sell her time until she pays the aforesaid sum of money to writ, three hundred and fifty dollars or what way be the balance at the time she is thus sold , and no more . testimony whereof we have

“ hereunto set my hands free at St LouisSaint Louis

to which indenture there was but one subscribing witness . And the said indenture does not appear ever to have been proven or acknowledged in court or to have been recorded in any court whatever but the same has been recorded in the recorder office of St Louis County. To the reading of which indenture in evidence the defendant by his counsel objected, But the Court over ruled the objection and decided that the same might be read in evidence to the jury, which was done accordingly. To which decision of the Court the defendantly his counsel excepted and tendered this his bill of exceptions and prayed that the same might be signed and made a part of the record. And be it also remembered that at the trial of the said cause testimony was given on the part of the plantiff to prove that

SamuelSamuel Donner the defendant did at various times receive money from various persons for the hire of the said WinnyWinny the plantiff: And that the said defendant by his counsel requested the Court to instruct the jury that all testimony going to prove that matter was to this cause and ought to be disregarded by them in making of their verdict but the court refused to give such instructions and directed the jury that if Donner had rendered for the plantiffs services from WinneyWinney to the amount of three hundred fifty dollars it was sufficient towarrant a verdict for the plantiff to to which opinion and decision of the court the defendant by his counsel accepted and tended this his bill of exceptions and prayed that the same might be signed and made a part of the record which is done accordingly

WinnyWinny vs Donner

Bill of Exceptions

To attending as a witness for plff, 5 days ------- $5.00 Sworn to and subscribed John L SuttonJohn John L SuttonL. Sutton

WinnyWinny vs Donner

$5.00

We the jurors find a verdict for the plaintiff of one cent damages