from to

Maria WhitenMaria Whiten petition for freedom

MariaMaria Whitem represents to your honor that she was born a slave in the state of virginia and has the property of who resided in Bedford county in that state that about to the north given the said John WhitenJno John WhitenWhiten removed from that state to KentuckyKentucky and took you further and for child with him whom she resided with the said Jhn Whiten about two months that the said John WhitenJno Whiten then removed to the state of IllinoisIllinois and took your further and for infort child with him he in the state of Illnois, that on to said state and ing his with the said John WhitenJno John WhitenWhiten find your petitioner to & in the said state of IllinoisIllinois for three dollars for month and himself for ten dollars for month ; that the said John WhitenJno Whiten established himself with your petitioner in November 1829 in the state of IllinoisIllinois and did in February 1829 - that

The said Jhn Whiten on his death had would oen witness and that it was his demand his last will and testament that your petitioner and for infort held should be , that that death of the said Jhn Whiten until written days your petitioner has resided in the state of IllinoisIllinois considered to be and acting as when Garland RuckerGarland Garland RuckerRucker in with others took possession of your petitioner and her infert should and them to the county of it , and saw holds them as slaves and is to it then is . Your petitioner belongs and being that the facts with for and in held to then prays to institute sent in to establish for right to done I well

The above Maria WhitenMaria Maria WhitenWhiten being duly sworn forth that for freedom, and and

This is an action of trespass assualt & Battery & false im prisonment - Damages $500 - Let a Summons issue

Executed this writ on Garland RuckerGarland Rucker in St LouisSt. Louis August 21. 1829 by reading to him the Declaration summons & order of court

County of St LouisCounty of St Louis, to with Maria WhitenMaria Maria WhitenWhiten a free woman of color is permitted by the court to sue as a poor person , by her attorney Strathers assigned as counsel set by the court, complains of Garland RuckerGarland Rucker of plea of trespass _ For that the said GarlandGarland heretofore to wit on this thirteenth day of August in the year Eighteen hundred and twenty nine with force and arms at the county of St LouisSt Louis aforesaid, an assault did make upon the body of the said MariaMaria and then and there beat, bruised, and illtreated her the said MariaMaria and then & there imprisoned her the said MariaMaria and kept and detained her in prison there against her will and without any reasonable or probable cause whatsoever, and has ever since kept & detained her in prison against her will, without any reasonable or probable cause, countrary to the laws of this state. And the said MariaMaria overs that before and at the time of the committing the grievances aforesaid, she was, and still is, a free person, and that the said GarlandGarland held, and detained, her and still holds and detains her in slavery - And the said GarlandGarland other to her then & there did to her the said MariaMaria assualt the peace of the state. Wherefore the said MariaMaria says she is greatly injured by him the said Garland and has sustained damage to the amount of five hundred dollars and thereore she sues

We command you to summon garland Rucker 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. Lois within and for the County of St LouisCounty County of St Louisof St. Louis on the fourth Monday of November next then and there to answer unto Maria WhitenMaria Whiten a free woman of color of a plea of Trespass wherefore the said GarlandGarland and has sustained damage to the amount of Five Hundred dollars and have you then these this writ -

George F StrotherGeorge George F StrotherF Strother presents here to the Court the petition of Maria WhitenMaria Whiten praying that she may be permitted to institute suit against Garland RuckerGarland Rucker to establish her right to freedom and that she may be permitted to sue as a poor person thereupon the Court permits the said Maria WhitenMaria Whiten to sue as aforesaid and directs that an action of assault and battery and false imprisonment be commenced against the said Garland Ruckner in the name of the said Maria WhitenMaria Whiten and assign George F StrotherGeorge George F StrotherF Strother Esq. as her counsel and it is ordered by the court that the said defendant permit the said Maria WhitenMaria Whiten to have a reasonable liberty of attending her counsel and the Court when occassion may require it and that the said Maria WhitenMaria Whiten shall not be taken or removed out of the Jurisdiction of this Court and that she shall not be subject to any severity of treatment on account of her said application for freedom

You are hereby commanded to have the bodies of Maria WhitenMaria Whiten and (her child) PatrickPatrick HenryHenry detained in your custody as it is said under a safe and secure conduct together with the day and cause of their being taken and detained by whatsoever name they shall be called in the same before our Circuit CourtCircuit Circuit CourtCourt within and for the County of St LouisCounty of St Louis now in session at the City of St LouisCity of St. Louis immediately after the receipt of this writ to do and receive all and singular those things which our said Court shall then and there consider Concerning them in this behalf and have you then there this writ

Executed this writ on Garland RuckerGarland Rucker In St LouisSt. Louis Aug 21. 1829 by reading to him the same

Writ of Habeas Corpus F Maria WhitenMaria Whiten and PatrickPatrick HenryHenry

In return to this writ I state that the witness named MariahMariah & HenryHenry my slaves one and in my possession I brought them to the County of St LouisCounty of St. Louis about the 11th of the present month and had them in possession but a five days when they absconded and put themselves under the protection and authority of GeorgeGeorge Strother & Newman esq of where now as your in to and be since the commencement o the men of the suit for freedom I have not seen them

And the said Garland RuckerGarland Rucker by Archibald GambleGamble his attorney comes and defends the force and injury when and says he is not guilty of the said supposed trespass in the declaration mentioned in manner and form as the said plaintiff hath above thereof complained aganist him and of this he puts himself upon the country

And for further plea in this behalf the said Defendant says the said plantiff ought not to have and maintain her aforesaid action against him because he says that the said plaintiff at the said time of committing the said supposed trespass in declaration men-tioned was and still is a slave without this that the said plaintiff at the said time was free and this he is ready to verify wherefore he prays Judgement

Two pleas - Not Guilty Slavery of plaintiff

And the said MariaMaria h by StrotherStrother her attorney , as to the plea of the said GarlandGarland by him first above pleaded and whereof he hath himself upon the country saith the like.

And the said MariahMariah as to the said plea of the said GarlandGarland by him secondly above pleaded saith that she the said MariaMaria by reason of any thing by the said GarlandGarland on that plea alleged ought not to be baned from having and sustaining her aforesaid action thereof against him the said GarlandGarland because she says, that before and at the time of committing the grievances and trespass in the said Plaintiff declaration mentioned she there was & now is a free person. And this she the said MariaMaria prays may be required of by the country

Replication

Replications to the Defts. first & Second pleas-

Book 6

Action of assault and Battery & false imprisonment and for freedom In the St LouisSt.Louis Circuit CourtCircuit Circuit CourtCourts in the MissouriState of Missouri

To Hamilton R. Gamble Esq. Attorney of record of the above named Defendant.

Sir Take notice that I shall attend as the law office of WilliamWilliam S Gatewood Esq in the town of Equaltiy County of Gallitin and IllinoisState of Illinois are the twelvethfifteenth day of March next between the hours of Eight of the clock in the forenoon and five of the clock in the afternoon of that day then and there to take the deposition of witness to be Read at the trial of the above cause on the part of the plaintiff when & whereof an may attened if you think proper. February the 18th 1830

Notice

A true copy delivered to H R GambleH R Gamble E sq. 19th Feby 1830 by

I acknowledge that a copy of the within notice was served on me this day February 22. 1830

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 Maria WhitenMaria Whiten a woman of Color or Garland RuckerGarland Rucker their attorney or agent, and him, her or hem 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 Maria WhitenMaria Whiten is plaintiff and Garland RuckerGarland Rucker is defendant, on the part of the said plaintiff, 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, enclosed under your seal, to our said Circuit CourtCircuit Court, with all convenient speed.

On motion of the attorney for the said plaintiff it is Ruled that a dedimus issue to any Judge or Justice of the peace of the IllinoisState of IllinoisIllinois to take the deposition of witnesses to be read in Evidence on the trial of the above cause on the part of the said plaintiff

I Francis GehonFrancis Francis GehonGehon an acting Justice of the peace in and for the county of GallatinGallatin and IllinoisState of IllinoisIllinois so certify, that in pursuence of the within Com=mission and annexed notice, came before me Giles Y Taylor and John Crenshaw who was there at the Law office of WilliamWilliam J GatewoodJ. J GatewoodGatewood at Equality in the county and State last aforesaid when were there by me sworn and examined and such examination worked to writing and subscribed in my presence, by them respec=tively and then said depositions are now herewith returned

Given at Equality in the county of GallatinGallatin and IllinoisState of IllinoisIllinois this 12th day of March 1830

Opened & filed March 30 1830

Depositions of Witness produced sworn and examined at the Law office of WilliamWilliam J GatewoodJ. J GatewoodGatewood at Equality in the County of GallatinCounty of Gallatin and IllinoisState of Illinois before me Francis GehonFrancis Francis GehonGehon an acting justice of the peace in & for the County and State aforesaid in a certain cause now depending in the Circuit CourtSt. Louis Circuit Court MissouriState of Missouri between Maria WhitenMaria Whiten plaintiff and Garland RuckerGarland Rucker difendent on the part of the plaintiff Giles . Y . Taylor of lawful age being produced sworn and examined on the part of the plaintiff deposeth and say eth

Question by plaintiff Attorney Did your know one Lesu WhitenLesu Lesu WhitenWhiten and MariahMariah a mulatou woman

Answer I question what time did Lesu WhitenLesu Lesu WhitenWhiten came to the state Answer he came here with. MariahMariah about Chistmas 1828 and Stapled at Abraham Crenshaw and Whiten told me that me he had hiered MariahMariah to said A Crenshaw whom the said WhittenWhitten claimed as his slave. When Lesu WhitenLesu Lesu WhitenWhiten arrived at A Crenshaw he had only two horses the same night he came he sold me horse and same time afterwards sold the other one; and he said Whiten told me his object in sellin g this horses was that when he started he intended to go by Steam Boat and said Whiten staid at said Crenshaws and ingaged in work he could taken sick and died in or about two months after his arrival in this place during which time MariahMariah was at work for Abraham Crenshaw on the hire of his her Master Lesu WhitenLesu Lesu WhitenWhiten and worked until this time months the time of three months which Crenshaw said he had hired her for and further this oponents saith not

I Francis GehonFrancis Francis GehonGehon our acting justice of the peace in and for the county of GallatinGallatin and state of IllinoisIllinois so herely certify that Giles Y.Taylor the deponent was he me sworn to testify the whole truth of his knowleedge touching the matter in entering in the cause aforesaid; that deponent was examined and his examination reduced to writing and subscribed by said deponent in my presence on the 12th day of March in the year eighteen hundred and thirty between the hours of eight of the clock of the forenoon and five of the clock of the after noon at the law office of WilliamWilliam J. Gatewood in Equality in the county of GallatinGallatin and state of IllinoisIllinois

Jno Crenshaw being of lawful age being produced sworn and examined on th part of the plantiff deposeth and sayeth.

Question of plff

Did were you acquainted with Lessu WhittenWhitten and MariaMaria his slave and her child what time did he come here, state what you know about them Ans. I knew MariaMaria and WhittenWhitten has master and her child they come to my Brothers A Crenshaws house in this County about Christmas 1828. WhittenWhitten wants to stay and work and hire his negros & I told him his negro could get free if he staid in this state Whitton state that he could not help it for he was out on money and could go no further and that he and his negro must work for same & he hired MariaMaria with her child to my Brother for sometime I not known how long but think MariaMaria was with my mother about three munths ,I had heard Whitton tell

my Brother if he would pay him up for what time she had been with him he would or part, my brother refused on the ground that in addition to the living of him he had a lien on MariaMaria or a conditional his of sale to him as Whitton security for his apppearance at court on a break of the peace. Shortly after Whitton came he sold one of the only two horses he had & some time afterwards sold the other a little time before he was taken sick which was about six weeks after his arrival here and further this deponent sayeth not.

I Francis GehonFrancis Gehon an acting justie of the peace in and for the county of GallatinGallatin and IllinoisState of Illinois do herely certify that John Crenshaw the deponent was by me sworn to testify the whole truth of his knowledge touching the matter in controversy in the cause aforesaid that deponent was exam=ined, and his examination reduced to writing & subscribed in my presence in the 12th day of March in the your eighteen hundred and twenty an thirty between the hours of eight of the forenoon and five of the afternoon at the Law office of Williams J. Gatewood in Equality in the county of GallatinGallatin and IllinoisState of Illinois

It is hereby certified

That Francis GehonFrancis Francis GehonGehon on the twelfth day of March eighteen hundred and thirty was and now is an acting Justice of the peace within and for the County of GallatinCounty of Gallatin & IllinoisState of Illinois duly commissioned and acting as such and that full faith and Credit are due to his acts as such

We, reposing special truth 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 Maria WhitenMaria Whiten or Garland RuckerGarland Rucker their 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 Maria WhitenMaria Whiten is plaintiff and Garland RuckerGarland Rucker is defendant, on the part of the said defendant, and having reduce the said depositions so taken by you as aforesaid, into writing, you are required to send the same, together with this commission, enclosed under your seal, to our said Circuit CourtCircuit Court, with all convenient speed.

An application of the attorney for the defendant it is Ruled that a Dedimus issue to any Judge or Justice of the peace of the State of VirginiaState of State of VirginiaVirginia to take the depositions of witnesses to be read on the trial of the above cause on the part of the defendant.

To the above named MariaMaria WhittenWhitten and to John NewmanJohn Newman and George T Strother her attornies

Take notice that I shall attend at the house of Abel Beriekol in the Country of Bedford and State of VirginiaState of Virginia on the twenty third and twenty fourth, twenty sixth and thirtieth days of June next between the hours of six Oclock in the forenoon and six Oclock in the afternoon of the said days respectively then and there to take the deppositions of witnesses to be read in evidence on the Trial of the above cause when and where you many attend.

The within notice was read to John NewmanJohn John NewmanNewman & George F StrotherGeorge George F StrotherF Strother May 17. 1830. And to MariaMaria WhittenWhitten May 18. 1830_ all done in the city of St LouisSt.Louis, MissouriState of Missouri

Justic to take deposition

The deposition of JacobJacob Fizor taken at the house of Abel B. Nichols in the county of Bedfor and of state of VirginiaVirginia on wednesday the 29th day of June 1830 between the hours of 6 Oclock in the morning & 6 Oclock in the evening in pursuance of a commissioner of dedimus potestatum judge from the Circuit Court of the County of St LouisCounty County of St Louisof St.Louis, state of MissouriMissouri dated on the 15th of May 1830 and directed to any judge or justice of the peace of the State of VirginiaState of Virginia, to be read in evidence on the trial of a case now depending in the said circuit court of the said county of St LouisSt.Louis in the state of MissouriMissouri wherein MariaMaria WhittenWhitten is plaintiff and Garland RuckerGarland Rucker is defendant and persuant to notice. The said Jacob FizerJacob Jacob FizerFizer being first duly sworn to tell the whole heart deposeth & saith as follows -

That in the month of June or july 1828 a negro women named MariaMaria and her child PatrickPatrick HenryHenry left the posession, or were carried away from the posession of Abel B.Nichols in the town of Liberty in the county of Bedford and State of VirginiaState of Virginia the said slaves had been pur-chased by the said NicholsNichols of one Abraham Powell PatrickPatrick at auction before the front door of the court house of said county on June court day 1828 as said deponent believes said deponent was present at the sale the day after the said slaves absconded, or were carried away as above stated, the said Abel B. Nichols came to said defendant and requested him to go with him in search of said slaves. Said deponent went with NicholsNichols to the house of JesseJesse Witten being under an impression that WhittenWhitten either had the said slaves in possession or knew where they were, as it was depositioners universally believed that WhittenWhitten kept the woman for a wife and that he was the father of her child. WhittenWhitten at that time denied all knowledge of the said slaves, and pretended to aid us in our search for them, and gave the said NicholsNichols the most positive assurance that if he could fined the said slaves he would find and deliver them to the said NicholsNichols. a few days subsequent to this said officiant hand that said whitten had the said slaves in his hope from and shortly afterwards and whilest the said NicholsNichols was absent from this state the said WhittenWhitten together with the said slaves disappeared from this county & said deponent has not heard of them since. The said defendant in answer to a question asked him by the deponents aganist further saith that the said slave MariaMaria was a bright mulatto women under thirty years of age at the time spoken of and that her child PatrickPatrick HenryHenry was very young & he thinks under 2 years old and further the deponent saith not

The above named Jacob FizerJacob Fizer was duly sworn before the subscriber a magistrate for the county aforesaid to the foregoing depostions at the time and pleace mentioned in the caption and it was & was reduced to writing in my persence and so said in my presence by the said Fizer

Filed (open) July 26th 1830

The deposition WhittenWhitten said NicholasNicholas in the County of Bedford on wednesday the 30th day of June 1830 betweeen the hours of 6 Oclock in the morning & 6 Oclock in the evening of that day in presence of a commision of dedimus potestatum peace from the circuit court of the county of St LouisSt.Louis in the MissouriState Missouriof Missouri dated the 15th of May 1830 and directed to any judge or justice of the peace of the of the State of VirginiaState of Virginia to be cause in evidence on the trial of a case now in the said circuit court of the said county of St LouisSt.Louis in the state of MissouriMissouri wherein MariaMaria WhittenWhitten is plaintiff and Garland RuckerGarland Rucker is defendant and present to notice. The said WilliamsWilliams WhittenWhitten being first duly sworn to tell the whole truth deposeth as follows-.

That a negro woman MariaMaria shortly after June Befored Circuit CourtCounty Court 1828 ranaway with her child from the possesion of Abel B. Nichols in the town of and county of Bedford in the state of VirginiaVirginia and went to Jesses Whitten’s who shortly thereafter ranaway with her and went as said deponent is informed to the state Illinios. Where he died. The deponent is the father of the said Jesses WhittenWhitten and lived very near him and had no knowledge that he intended to runaway from this county until he was gone _ The women MariaMaria was a brith mu- -latto the deponent thinks she was between 25 and & 30 years old but is not certain, the child named PatrickPatrick HenryHenry was nearly white. & deponent thinks was near two years old but does not with certainly, and further this deponent saith not.

The above named WilliamWilliam WhittenWhitten Lenn was duly sworn before the a for said county that the foregoing deposition contains the whats and he subscribed the same in my presence and which was also reduced to writing in my presence. .

I RobertRobert C. MitchellMitchell Clerk of the County Court of Bedford in the State of VirginiaState State of Virginiaof State of VirginiaVirginia do hereby certify that . whose signature appears to the foregoing certificates attended & the deponent of Jacob FizerJacob Jacob FizerFizer and WilliamWilliam Shothen is and was at the time of signing the said certificates and acting Justice of the peace in & for the said County duly appoinment commissioned and qualified according to said that his said certificates are in due form and the full faith and credit our due and of right ought to be given to all his official is as Justice of the peace as in courts of as