In Persuance of a Dedimus to me Directed by the Circuit Court of the County of St LouisCounty of St Louis and MissouriState Missouriof MissouriMisouri a Subpoena Issued for the attendance of ElizabethElizabeth SmithSmith on the Twentyfirst Day of January AD Eighteen Hundred and Twentyfour Between hours of six am and six PM at which time that said ElizabethElizabeth SmithSmith attended and was examined on her oath touching a matter in controversy now Pending in the Circuit CourtCircuit Court for the County of St LouisCounty of County of St LouisSt Louis wherein MalindaMalinda a woman of Colour is Plaintiff and Robert WilburnRobert Robert WilburnWilburn Defendant as touching the Matter as afforesaid the Deponent Saith that in October and November 1821 I was cauld on to attend said WilburnWilburn wife in child bed where I saw MalindaMalinda as afforesaid and I herd said WilburnWilburn say that he did not know what he should Do in consequence of his wife being sick he should have to leave part of his family and go to MissouriMisouri

and Further the Deponant Saith not this 21 Day of January 1821

AbrahamAbraham Sinnard justice of the peace

MalindaMalinda vs WilburnWilburn filed Febry 3rd 1824

County of St LouisCounty of St. Louis Ss . MalindaMalinda a free person of color by Beriah ClelandBeriah Beriah ClelandCleland her next friend complains of Robert WilburnRobert Wilburn of a plea of trespass , assault and Battery & false imprisonment with force and arms, for that the said RobertRobert heretofor to wit on the eleventh day of June in the year of our Lord eighteen hundred twenty two with force and arms an assault upon the said MalindaMalinda did make to wit at the County of St LouisCounty County of St Louisof St. Louis aforesaid, and then there beat bruised wounded and ill treated her the said MalindaMalinda & then & there imprisoned her the said MalindaMalinda and kept and detained her in prison there without any reasonable or probable cause whatsoever for a long time court for the space of six months then next following contrary to the laws of this state and contrary to the will of the said MalindaMalinda against the peace & dignity of the state to the damage of the plaintiff of five hundred dollars & therefore he brings suit &

We command you to summon Robert WilburnRobert Wilburn that he be and appear before the judge of our Circuit CourtCircuit Court at the next term thereof to be held at the City of St LouisCity of St. Louis within for the County of St LouisCounty of St. Louis on the first monday of October next then and there to answer to MalindaMalinda a free person of colour who sues by Beriah ClelandBeriah Beriah ClelandCleland her next friend of a plea of trespass - Assault & Battery and false imprisonment with force and arms to the damage of said plaintiff five hundred dollars and have you then there this writ

MalindaMalinda a free person of colour vs Robt. Wilburn

Executed this writ by reading it & the declaration to the Defendant for 11th June 1823. in the City of St LouisCity City of St Louisof St. Louis-

NellyNelly & MalindaMalinda vs Robert WilburnRobert Wilburn Petition

The petition of MalindaMalinda & NellyNelly free person of colour represents

That - they have been permitted by this honorable court to sue as poor persons, a certain Robert WilburnRobert Robert WilburnWilburn to establish their freedom and that this honorable court—have made an order that your petetioners the said WilburnWilburn permit your petitioner to have reasonable liberty of attendending her council, said the court where occassion may require it and that your petitioners shall not be taken or removed out of the jurisdiction of this court nor be subjected to any severity because of their applications for freedom that the said WilburnWilburn is about to remove your petitioners out of the jurisdictions of this court - wherefore they pray that a writ of habeas corpus may to bring your petitioners before this honorable court that such proceedings may be taken in the permissions as shall be agreeable to law

Beriah ClelandBeriah Cleland personally appears in open court and makes oath that Robert WilburnRobert Wilburn in the foregoing petition mentioned, has informed that he intends immediately to remove the said petitioners to the county of Howan & there sell them, and this affiant verily believes that the said WilburnWilburn will remove the petitioners out of the jurisdiction of this court

MalindaMalinda & NellyNelly - appl for Habeas Corpus

And the said WilburnWilburn by his attorney comes and defends the wrong and injury when and says that the said MalindaMalinda ought not to have or maintain her aforesaid action thereof against him because he says that at the time of the commencement of this suit the said MalindaMalinda was the slave of the said WilburnWilburn without this that the said MalindaMalinda at the time of the Commencement of the said suit was a free person and of this he puts himself upon the County &c

MalindaMalinda vs Robert WilburnRobt Wilburn plea

We reposing special trust and confidence in your integrity and circumspection do require and command you that you cause to come before you such person or persons as shall be named to you by Robert WilburnRobert Robert WilburnWilburn his attorney or agent and him her or them examine upon his her or their corporal oath (to be by you administered) touching their knowledge of any thing that may relate to a certain matter of controversy. Now pending in our Circuit CourtCircuit Court, for the county of St LouisSt. Louis, wherein MalindaMalinda a woman of colour is plaintiff and Robert WilburnRobert Wilburn is defendant on the part of the said Defendant and having reduced the said deposition so taken by you as aforesaid into writing you are required to send the same together with this commission enclo-sed under your seal to our said circuit court, with all convenient speed.

On Motion of the Defendant by his attorney it is ruled that a Dedimus issue to any Judge or Justice of the peace of the state of IllinoisIllinois to take the deposition of witnesses to the read on the trial of the above cause on the part of the defendant

These depositions are to be taken at the office of AbrahamAbraham Sinnard on the 21st Jany between 6 A.M. & 6 P.M. the fact of Mr Sinnard being a justice of the peace is to be proved by the certificate of the clerk of the Circuit CourtCircuit Court and of his seal of office

MalindaMalinda vs Robert WilburnRobert Robert WilburnWilburn Dedimus to Illinois

In Persuance of the Confidence reposd in me by the Circuit Court of the County of St LouisCounty of St Louis State MissouriMissouri a subpoena issued for SamuelSamuel Irvin and ElizabethElizabeth SmithSmith as Directed by Robert WilburnRobert Wilburn and Proceeded to take and Did take the Deposition of SamuelSamuel S Irwin and ElizabethElizabeth

In Pursuance of a Dedimus to me Directed by the Circuit Court of the County of St LouisCounty of St Louis state state of MissouriMissouri a Subpoena issued for the attendance of SamuelSamuel S Irwin on the Twenty First Day of January Eighteen Hundred and Twenty Four between the hours of Six AM and Six PM at which Time and place the Said SamuelSamuel L Irwin attended and was examined on his oath Touching a matter in controversy now pending in the Circuit CourtCircuit Court for the County of St LouisCounty of St County of St LouisLouis wherein MalindaMalinda a woman of Coulor is Plaintiff and Robert WilburnRobert Robert WilburnWilburn Defendant As Touching the matter as afforesaid the Deponent saith that in the last of October 1821 Robert WilburnRobert Wilburn Braught MalindaMalinda as above to his residence on Richland Creeke Sangamon then MadisonMadison County and keept her Till Some time in December the Same year at the time Said WilburnWilburn braught the Said MalindaMalinda to this place he told me that he intended to moove to MissouriMisouri Roath before and after said WilburnWilburn Brout MalindaMalinda to this place and at Sunday times he told me he intended to move. Also Said WilburnWilburn Sold his Improvement to me in July 1821

and in conciquence of his wife not being in situation to move he was detaind as he told me and in December 1821 said WilburnWilburn took MalindaMalinda from this place and said he was going to MissouriMissouri to make a Crop and he could not stay himself but intended to leave MalindaMalinda and his sons and come back for his family and further the deponant Saith not this 21 day of January 1824

Sworn to and subscribed before me the under signed one of the acting justices of the peace in and for said county and state afforesaid

AbrahamAbraham Sinnard justice of the peace

You are hereby commanded to Summon Thomas Wilburn & Jn & Wilburn that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the Sixth day of February at the city of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein MalindaMalinda a Free Girl is plaintiff, and Robert WilburnRobert Wilburn is defendant, on the part of the Deft and have you then there this writ.

Executed this writ on Thos Wilburn & John S. Wilburn Feby 3d 1824 in the City of St LouisCity of St. Louis

MalindaMalinda vs Robert WilburnRobt Robert WilburnWilburn

You are hereby commanded to Summon Beriah ClelandBeriah Cleland that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the sixth day of February at the city of St LouisSt. Louis, then and there to testify and the truth so say in a certain matter of controversy now pending in our said court, wherein MalindaMalinda plaintiff, and Robert WilburnRobert Wilburn defendant, on the part of the plaintiff and have you then there this writ.

MalindaMalinda vs Robert WilburnRobt Wilburn

Executed this writ on Beriah ClelandBeriah Cleland Feby 6th 1824

You are hereby commanded to Summon WilliamWilliam McDowns that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the forthwith day of at the city of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein MalindaMalinda a free girl plaintiff, and Robert WilburnRobert Wilburn defendant, on the part of the plaintiff and have you then there this writ.

Executed this writ on Wm Mc Downs Feby 10th 1824

MalindaMalinda a free girl vs Robert WilburnRobert Wilburn

for WilliamWilliam McDowns

for plaintiff forthwith

You are hereby commanded to Summon Patrick WalshPatrick Walsh that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the forthwith day of at the city of St LouisSt. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said court, wherein MalindaMalinda is plaintiff, and Robert WilburnRobert Wilburn is defendant, on the part of the plaintiff and have you then there this writ.

Executed on P WalshP Walsh John K WalkerJn K Walker

MalindaMalinda vs WilburnWilburn

for P WalshP. P WalshWalsh forthwith for plff

You are hereby commanded to Summon Bariah Clealand & Patrick WalshPatrick Walsh WilliamWilliam McDowns that setting aside all manner of excuse and delay they be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the 11th - day of June at the city of St LouisSt. Louis, then and there to testify and the truth so say in a certain matter of controversy now pending in our said court, wherein MalindaMalinda is plaintiff, and Robert WilburnRobt Wilburn is defendant, on the part of the Plaintiff and have you then there this writ.

MalindaMalinda vs Robert WilburnRobert Wilburn

for Thomas Wilburn Jn S Wilburn for Deft

Executed June 11th 1824

You are hereby commanded to Summon WilliamWilliam M Downs that setting aside all manner of excuse and delay he be and appear in proper person before the Judge of our Circuit CourtCircuit Court, on the forthwith day of at the city of St LouisSt. Louis, then and there to testify and the truth so say in a certain matter of controversy now pending in our said court, wherein MalindaMalinda is plaintiff, and Robert WilburnRobert Wilburn is defendant, on the part of the plaintiff and have you then there this writ.

Executed on WM McDowns on the 11th June 1824

MalindaMalinda vs MilburnMilburn for Wm McDowns forthwith for plff

We command you to attach Beriah Clealand if he may be found within your bailiwick, and bring him forthwith before the judge of our circuit court, now sitting at the city of St LouisSt. St LouisLouis, within and for the county of St LouisSt. Louis, then there to answer unto the MissouriState of Missouri, touching a certain contempt by him com- mitted, in not attending as a witness in a case of MalindaMalinda, is plaintiff, and RobertRobert Welburn is defendant, on the part of the Plaintiff after being legally summoned by the sheriff of the said county, and, have you then there this writ.

Executed and have the Body of B Cleland in Court June 16th 1824

MalindaMalinda vs WilburnWilburn

for B. Clealand

Attachment

2o that if the Jury find that while the said plaintiffs were in the possession of the defen dant in the state of IllinoisIllinois , he was on his way through the state, having no intention to reside there, and was only delayed by accidental circumstances, that such stay in the state of IllinoisIllinois does not entitle the said plaintiffs to their freedom.

2o That if the jury find that the third stay the said MalindaMalinda in the state of IllinoisIllinois , was produced by the said Malin - da being brought in the state without the knowledge or consent of the defend - dant, and that she continued there only during the time, that on account of her health was unsafe to remove her such stay would not entitle her to her freedom, and if the said NellyNelly during that time way too young to be safely seperated from her mother that the said NellyNelly would be in the same situation as her mo ther and

would not be entitled to her freedom

1 If the jury find that the defendant resided in the state of IllinoisIllinois and there had the plaintiff with him in his service previous to the commencement of this action - they must find for the plaintiffs-

2 If the jury find that the said plaintiff resided in the state of IllinoisIllinois with the consent of the defendant, previously to the commencement of this action: they must find for the plaintiffs unless it appear to their satisfaction that the defendant was travelling through said state and detained the plaintiff therein no longer than was necessary for that purpose-

3 If the jury find that the defendant resided in the IllinoisState of Illinois previous to the commencement of this action, and then & there detained the plaintiff with him, they must find for the plaintiffs-

4 If this jury find from the evidence that plaintiffs resided in the state of IllinoisIllinois with the comment of the defen dant, previous to the commencement of this action they must find for plffs-

We the Jury's find for the Defendants in both Cases