Title: Julia v. Samuel M. Kinney
Plaintiff: Julia
Defendant: Kinney, Samuel M.
Date Filed: March 10, 1831
Term: March Term 1831
Cause of Action: TrespassFalse ImprisonmentAssaultBattery
Case Number:
Court: St. Louis Circuit CourtMissouri Supreme Court
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries
2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain
St Louis
In that the said
on
on
and then and there
of
and
and then
a quiet many
and then
then
to
the said
and
day
the said
and
contrary to
injured by
ant
of
the
your
of
to
after
his
to fiche county
ant
your petitioner with
than
was then taken to Lousiana
seven months;
the said
why of
may
and that
your
to
Third Judicial
It is
tion, the
to
freedom and
that the said
of attending her said
whenever occasion may require and that
the said
removed
be subjected to any severity because of her
application for freedom.
my hand
March 1831.
of
vs
filed
complain of
the subscriber
and
require and that the said petitioner shall not be taken or removed out of the Jurisdiction
the Court nor be subjected to any severity because of her application for freedom - Given
under my hand at my chambers this
Judge 3rd Circuit
A true copy of the order of the judge permitting the plaintiff to sue
of color
vs
This is an action
of assault &
and
ment
Executed this writ on
to
he refused to hear
and appear before the Judge of our
thereof to be held at the city of
of
there to answer unto
of the court sues in forma pauperis of a plea of trespass to the damage
of the said julia $500 and have you then there this writ
court at office this
thousand Eight Hundred and thirty one
And the said
and form as the said plaintiff hath
/>
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
their
ing their knowledge of any thing that may relate to a certain matter of controversy, now pending in our
for the county of
is defendant, on the part of the said
depositions taken by you as aforesaid, into writing, you are required to
enclosed under your seal, to our said
the
year of our Lord one thousand eight hundred and
vs
Clerks office of the
On the applciation of the attorney for the plaintiff it is ruled that
a
the trial of this cause on the part of the plaintiff
vs
vs
To
Take notice that I Shall attend at the Post Office
in the Town of taples int he state of
thirteenth day of July instant between the hours
of six O clock in the forenoon and six O clock in the afternoon of that day then and there to take the
depositions
the trial of the above cause when and where
you can attend
I acknowledge the service of the within notice on me as attorney
for
vs
Sam M kinmey
Notice
WE, reposing special trust and confidence in your integrity and circumspection, do require and com-
mand you that you cause to come before you such person or persons as shall be named to you by
or agent, and him or them examine upon his, her or their corporeal 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
is plaintiff and
you are required to send the same, together with this commission, enclosed under you seal, to our said Cir-
cuit Court, with all convenient speed.
at the
the year of our Lord, one thousand eight hundred and thirty-
vs
Clerks office of the
On the application of the attorney for the defendant it is Ruled
that a
the trial of the above cause on the part of the defendant
I
for the
Certify, that in
personally come before me at the Post office in
the County and State last aforesaid
and
Depositions of
the
and
the county aforesaid in a
Circuit Court of the county of Saint louis
and
in
there
any
temporary
his
they
that
whole
reduced to
On the
eight hundred and thirty one
morning
taples in
the
Benjamin
examined
that
-that she was taken back to
in
while at New
and that as
who
when sick and that he
the plaintiff was
back
other
as her reasons
employer was not such a man as she
with - And
- ton
-tion
the
and his
in my
and thirty one.
the afternoon at the postoffice in
Given
at my
woman going to,
as he
or nine
said
deposeth &
this place with a woman of
Carring
for
his opinion with regard to the right he
the
woman
this
time before the above he saw the
female going to
of
of colour
The people of the state of
&
a Justice
state of
out of, and
in &
and to me
mined
(a woman of colour)
defendant and whereas, I am informed that
material witness for the Plaintiff, in the said
suit
suit; I therefore, by
require
personally to
house in the town of
of
the
day, then &
the
Thereof fail
what the
hand & seal
vs
Pike
Deposeth and saith that some time
autumn or
which he had with
to hire out if he could safely do it in
the law and hire her if the law would
could not safely do it
This
Rops.
the deponents, before me, and in
were completed by one on the
of the
between the
evening of said day. Given under my
appears
day the same was made, an
and qualified, and that as such, full
to all his
my
County
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
at the
the year of our Lord, one thousand eight hundred and thirty-
vs
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
of our
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
at the
the year of our Lord one thousand eight hundred and thirty-
Served this writ on
per the
sheriff
vs
for
of
vs
Bill of cash
vs
You are hereby commanded to summon
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
; and have you then there this writ.
at the
the year of our Lord one thousand eight hundred and thirty-
1831.
vs
Action for
Attorney
case
October
the
of
the
in the trial of the above
defendants, where and when you may
On this
year
for the within named Plaintiff hereby
acknowledge service of a written notice
of which
written notice was left
notice to take
WE, reposing special trust and confidence in your integrity and circumspection, do require and com-
mand you that you cause to come before you such person or persons as shall be named to you by
(a woman of color) or
or agent, and him or them examine upon his, her or their corporeal oath (to be by you administered)
touching their knowledge of any thing that may
our
is plaintiff and
you are required to send the same, together with this commission, enclosed under your seal, to our said Cir-
cuit Court, with all convenient speed.
at the
the year of our Lord, one thousand eight hundred and thirty-
vs
Clerks office of the
On the application of the
that a
trial of the above cause on the part of the Plaintiff
The
by the
vs
Mkinney
for defendant
You are hereby commanded to summon
and
that setting aside all manner of excuse and delay, the
of our
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
at the
the year of our Lord one thousand eight hundred and thirty -
vs
Executed this writ on
Cooper 15 and
of November 1831
not found
vs
The said defendant excepts to the depositions taken on the
part of the plainiff in the above case for the following
reasons
1 That said depositions were taken without legal notice
of the time and
2 That it does not appear that said depositions were
reduced to writing in presence of the Justice of the peace
3 That it does not properly appear that the witnesses
were sworn
4 That the said depositions are not properly certified
or authenticated
vs
Exceptions to depositions
clk
I
do certify that
before whom the foregoing depositions
of
F Mathews were taken, was on the
day of July Eighteen Hundred and
thiry one
and for the county of
duly
into office as required by Law.
hand & the seal of court
this
October Eighteen Hundred
and thirty one.
vs
MKinney
Opened & filed
You are hereby commanded to summon
that setting aside all manner of excuse and delay,
Judge of our
pending in our said Court, wherein
plaintiff, and
day of
thousand eight hundred and thirty-
MKinney
vs
la said Defendants
Sir, on the
Philips in the
near Philips ferry on the
the hours of 8 O clock a
m & 6 O clock
P.
M. I shall take the deposition of witnesses
to be read in
vs
nature of taking
Depositions
Service this notice
on S. M. Kinney
by reading it to
him in the city of
Stlouis on the
Shff
sum 500
vs
to the
filed
specifies her reasons
1 That no
2
pursuant
3 That said
been
4
authenticated
vs
filed
1832
This
in
which
&
vs
a
You Are Hereby Commanded To Summon
that setting aside all manner of excuse and delay,
before the Judge of our
at the
controversy now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the
and have you then there this writ.
at the
eight hundred and thirty
for plaintiff
Exceutive this writ on
the
the city
By
WE, reposing special trust and confidence in your itegrity 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
MKinney ---
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
is
defendant on the part of the
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said
of our Lord, one thousand eight hundred and thirty
The
a
on the Bank of
place called
& Six Oclock
day to be read in
matter in controversy
of
&
at the end of
certificate in
. I
& for the
of
hereby
here insert their
knowledge
aforesaid that their
reduced
subscribed
at the
that behalf
The
follows.
vs
vs
The defendant excepts to the depositions of
for the following
1 There was no notice of the time
sition given the defendant
2 There was
the time and place of taking said depositions
given the defendant
3 That the said
4 That the deposition are not taken according
to notice
5 That the depositions are not
the
6
7 That there no sufficient evidence of the
official character of the
before the whom depositions
vs
Exceptions to depositions
YOU ARE HEREBY COMMANDED TO SUMMON
that setting aside all manner of excuse and delay,
before the Judge of our
at the
controversy now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the
and have you then there this writ.
at the
eight hundred and thirty-
vs
for plaintiff
on
on the
the
to
my County
vs
YOU ARE HEREBY NOTIFIED, That Depositions of Witnesses to be read in
evidence in the above cause, on the part of the
in the County of
day of
forenoon, and 6 o'clock in the afternoon.
in Pittsfield in the county of
on the
of
and if it be necessary to continue the taking of such
at either of the above places heyond the day appointed for taking
them at such place the taking thereof will be
day at the same place and
shall
This notice duly
that
be read in
is the child of
subject to all exceptions that they would be able to,
if they were taken in that
they may be returned
vs.
vs
says
of her as to
by
that the
of said
to
of
place called Philips Ferry on
the hours of 8
of that day
of
This
at
that the
of
twenty miles - This affiant says
day of
at the
was
on the day
said
which depositions are here on file
& which depositions state facts which
freedom
to
said
was given & until this
heard of the
she was informed of his death by this affiant
This affiant
the
of the
&
which he said
put
This affiant says
were filed
at
being endorsed
&
to
counsel
in
Eight
Phineas Block in the
the
within and for the County aforesaid in a
defending
in the
Plaintiff
defendant
and
saith
woman
for the term of
and at the end of Eight or nine
on
the
Phineas Block of
and
and
Twenty Nine, D A braham
months,
ent
at the place and within the
fy, that
by me
that they were
my
You are hereby commanded to
Judge of our
at the
now pending in our said Court, wherein
plaintiff, and
defendant, on the part of the
and have you then there this writ.
in the year of our Lord one thousand eight hundred and thirty-
Clerk C. C.
vs
for plaintiff
on
Executed this writ on
the
You will
friday,
the
I plaintiff and you
MKinney
1833
the
vs
MKinney
color
vs
The
this cause
1
2
a
to the
3
4
the
of colour
vs
& reasons
vs
says that he prays an appeal to the Supreme court
in this case & that his application for an appeal
on behalf of said
or delay but because this affiant
believes said
of the
Sworn to in open
court
vs
appeal
vs
Best remembered that on the
trial of the cause The
following are
of the plaintiff
Narris,
1832
and on the part of the Defendant the Depositions
of which the following are capis where read in
on the part of the defendant deposeth and sayth that
became sick in
back to Mrs
and trial as soon as she was able to work taken to
that he was the individual who brought the plaintiff from
to Mrs
when sick
that some time about the
hundred and Twenty nine
woman named
end of
account of sickness
of
of the
other
On
Instructions
(here insert
The
whereupon
trial & filed
The
& to
& tenders this Bill which is signed sealed & made
part
vs
Sam
vs
in
In the above
Take notice that
to
first day of
house
river in
and at the
in
day of
of 8
of
to take depositions
day
in
nature of taking
McKinney in the city of
November 1833
by
--GREETING.
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
his her or their corporal
of controversy, now peinding in our
is
defendant on the part of the
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said
of our Lord, one thousand eight hundred and thirty-
--GREETING.
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
her next friend) or by
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
by
defendant on the part of the
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said
of our Lord, one thousand eight hundred and thirty
vs
Monday
Court met pursuant to Adjournment-present all the Judges
Appeal from ST Louis
Now at this day come again
respective attorneys and the court now here being sufficiently advised of and
concerning the premises consider that the Judgment aforesaid in form aforesaid
by the said
and it is ordered by the court that this cause be remanded to the said
Court delivered in this case and it is further considered by the Court that the
said
in this case her costs and charges by her about the prosecution of her appeal
in this behalf expended and that she have thereof Execution
vs
Sam M Kinny
This was an action commenced under the
verdict &
following case, that M Kinny the defendant bought the plaintiff as a Slave from
one Sucinda
she then & there determined & declared her intention to be to remove & take with
her
Slave, that if she took her there she would be free-
said she would not keep
Accordingly
in
& she kept
the ordinary acts of ownership & dominion over her which are usually exercised by
masters over their slaves- That in the meantime
two days to some person to work, which work was performed and that she received pay
therefor, that about the
to
in
into
instructions were asked by the defendant which were given and Excepted to, the defendant
also moved for a nero trial, which was refused- The first instruction given by the Court
is that if the Jury believe from the evidence that the plaintiff
that State the residence of
to freedom is based on the 6th article of the constitution of the state of
declares that neither slavery nor involuntary servitude shall hereafter be introuduced
into this state otherwise than for the punishment of crimes whereof the party shall
have been duly convicted,-the article then goes on to make some provision with regard to
hiring persons bound to service in other states and concludes by saying any Violation
of this article shall effect the emancipation of such person from his obligation to service
we see by this constitution that the very introduction of Slavery works an Emancipation
of the slave and it is argued that if we give this constitution a literal construction no one
can travel through that state with his slaves without emancipating them - It is true
that a literal construction would lead directly to this result. Every law should be
adjudicated on
of
slave from existing in that state by an inhabitant and resident thereof. We are farther-
more of opinion that all persons who are citzens of any of the states have a right by the
constitution of the
they may own in the state where they migrate from. - The 2nd Section of the 4th article
of the
all the
that it is the undoubted right of every citzen of the
every other state with his property of ever description including negro slaves without
being in anyway subject to forfeit his property for having done so provided he does
not subject his property by a residence to the action of the laws of the state in which
he may so reside- another view of the subject is that out of the general words of
the
that slavery shall not be introudced in that state under penalty of forfeiting the
property yet it can be introudced so far and to permit persons
as Emigrants or mere travellers to carry with them their slave property and to retain
in them their their right to such property while they retain the character of Emigrants
or travellers otherwise there could be no emigration through the state with slave
property which is a thing it cannot reasonably be supposed the constitution of
intended to forbid, How long the character of Emigrant or traveller through the state
may last cannot by any genral rule be determined, but it seems that reason does
require it should last so long as might be necessary according to the common mode
of travelling to accomplish a trandit through the state, if any accident should happen
to the emigrant which in ordinary cases would make it reasonable and prudent
for him to suspend his journey for short time we think he might do so without
incurring a forfeiture if he resumed his Journey as soon as he safely could, something
more than the more convenience or ease of the emigrant ought to intervene to save
him from a frofeiture something of the nature of necessity should exist before he would
or ought to be exempt from the forfeiture - if swollen streams of water which could
not be crossed without danger should intervene, serious sickness of the family, broken
wagons & the like should exist, these would be good causes of delay so long as they exist
if the Journey is resumed as soon as these impediments are removed provided also
due diligence is used to remove them - In the case before us the owner of the
The slave was not an Emigrant but went into
state her home, she took up her residence there with her slave in her possession & kept the
slave there for upuwards of one month, and treated the slave in all respects as slaves are
treated in states where slavery is allowed, these acts of the owner surely amounted to the
introduction of slavery in Ill: unless therefore the case can be brought within some reason-
-able and Equitable exception to be engrafted on the constitution of
will be entitled to exact the forfeiture of Emancipation- In this case we see nothing in the
nature of accident to prevent the owner from taking the plaintiff to
The excuse set up is that the owner was a widow and might not have had the means of
might be poor &therefore unable to do it, that some reasonable time ought to be allowed to
her to provide a residence for herself and family and that one month in this case is not
too much, we are of opinion that the excuse to raise an exception must be something more
than the mere convenience or inconvenience of the owner. - But the instruction assumes
that if the owner did not intend to make
violation of the constitution, Is it true that if a person says he does not intend to do an act
& yet does it that the act is not done- the constitution of Ill: does not regard the intention
to introduce or not to introduce slavery but prohibits the act- If a person says he
does not intend to introduce slavery yet if he does introduce it defacts can the innocent
intent save him from the forfeiture, we think it casnnot, unless he can also show that his
caseraises a reasonable and necessary exception. But in this case the evidnece is that the
owner did intend and infact did introduce slavery in
not intend to continue it for any length of time but that she would take the slave to
and there hire her out, but suppose the owner did not intend to make Ill: the place of
the slaves residence permanently but only for one month, yet slavery is introduced and
continued for the mere convenience of the owner without any circumstances which raise
a just or even a resonable exception in her favor. - The case of
decided by this court has been cited to prove that what the owner intended is to be a criterion
to govern the question of freedom or slavery - that was a case where the owner of a slave
removed to the northwestern territory now Illionis, with the slave with the intent to make
that country his residence, and he did in fact make it his residence as well as that of
his slave also- The ordinance of
there shall be neither slavery nor involuntary servitude in the Territory - This court
decided that if the owner went there with a slave with intent to make that place his
permanent residence and the residence of his slave and did in fact do so that the slave
was by such residence free But the court did not decide that the slave was free by reason
of the intent being declared - The second instruction given assumes that the slave
is not entitled to freedom because she was taken to
cured of sickness, we will give no opinion on this point as we consider the case fully
decided on the first and 3rd instructions. - The third instruction is, that the plaintiff
is not entitled to recover under the second section of the 6th Article of the constitution of
of Ill. - The section delcares that no person bound to labor in any other state shall
be hired to labor in this state except within the tract reserved for the salt works
concludes as before stated that any violation of this article shall effect the emancipation
that the facts testified are true or untrue or only decides that the proof and case made does
not in law entitle the party to recover we do not exactly know, it seems however that
the instruction is wrong because it decides both the fact and the law - But if the instruc-
tion only assumes to decide the law yet it is wrong, the evidence is that after the slave was
fairly introduced into
part of the owner to remove the slave at some future time to
slave to a person to labor for one or two days & received the pay for the
the Jury that this hiring is not a hiring within the prohibition above cited, We suppose the
circuit court thought the degree or quantity too small- We believe the object of this prohibi-
tion was to prevent slave labor from becoming a substitute for white or free labor throughout
the state, the constitution makers have therefore prohibited the thing in every possible
degree, here was a hiring of a person bound to labor in
brought into
two days by the owner, what difference can it make if the hiring had been for 100 days,
We
trial we think the court erred in refusing it, the reasons
that the
the operation of the constitution - The Judgement of the
cause is remanded for a new trial
I think the
as well as the law of the case; & therefore concur in reversing the Judgment -
instructions were in my opinion properly given. The claim to freedom under the provisions
of the
of the slave to labor what shall amount to a residence or a hiring against the provisions
of the constitution must depend upon the facts & circumstances of each particular case.
A
pecially when it is
intention of the owner as previously declared is the only evidence that can exist in
such a case. To hold then that it matters not whether the owner intends to make
the residence of his slave or not is to exclude (as it appears to me) the only evidence that can
exist where the claim is founded on a
a thing is done, gives color & character to almost every transaction, the
sickness keeps his slaves with him in
sufficiently to resume his Journey will not thereby
why ? because his residence for a week a month or a winter was unintentional and
accidental & the slaves were detained there without any intention of his part of making
it the place of their residence so the owner of a
permits the slave at night to brush his landlord's boots, or make his fire, or shuck his corn
for such reward as the landlord may think proper to give would not surely be adjudged
to
and why ? because the owner did not intend in taking his slave to
-neying
that the master did not intend that the slave should perform the particular service &
receive therefor the Stipulated reward; that is
& circumstances in every case are to be weighed with the intention of the parties acting therein
& to be charged therefor. The introduction of
regarded in some sort as a criminal act & is punished by a
duced- we must then look to the intention of the party introducing the slave to determine
the degree of guilt & see if the Spirit of the Constitution has been violated since it is clear
it's letter cannot be enforced any other doctrine will convert the kind &
by the master of his sick & helpless slave into a sort of crime
third
true copy of the Judgment rendered by said Court at
year Eighteen Hundred and thirty three
the term aforesaid at the same now remain of Record in my office
said
and county of
said this
the year of our Lord One thousand Eight
Hundred and thirty three
vs
me
of the
Philips at Philips Ferry on the
River
day
of our
and thirty
afternoon
in evidence in two certain cases
now pending
for
one of
woman of color is
of color who was
by G. A Bird her next friend is
plaintiff and
is defendant pursuant to the
Anexed Commissions and notice
taken on the part of the plaintiff
in each cause
being produced sworn and examined
on behalf of the plaintiff in each
of said causes deposeth and
eighth day of October A D
the state of
She brought with her Julia & Harriet
the Daughter of Julia as she was called
ferry one without intending
her
after her arrival she went
a mile & a half between this place
& went into a house called Bennits
hence where she spent the winter on
on the last part of
then being at Philips Ferry had known
Mrs
Deponent that She Mrs
had every thing to
int should at any time want the plaintiff
& could pay her for Julias work in
any thing she had to spare
Plaintiff worked for me one or two
days & I paid for her work in
soap. Mrs Carringtons
for the soap & said then mother
had sent them for the soap for Julias
washing. I frequently saw Julia &
Harriet with Mrs Carringtons family
in
time of her arrival & christmas not
following - Mrs
She had been offered a grand price for
said Julia & Harriet in
but she did not want to sell them
while
engaged in Mrs Carringtons business
& obeyed her commands as slaves
generally do some time about
christmas Julia & Harriet were sent to
her arrival
County & on the
ton &
&
Harriet & Julia for slaves
me
& sworn
in
that he has
in the state of
She
county about
this
on a piece
Miss Carrington brought with her
a
a
five years old Mrs
until some time before Christmas
they
& hired
from Mrs Carringtons family &
from Mrs
engaged in services about the house
of Mrs
In the
I
then
I think
of her
at
one of the
then said
& fall of
14
lived
to a
in the
& there
Mrs Carrington & Julia & Harriet
that relation which generally
subsists between Master & Slave
& at the place
the
touching
between
of the
were
& by
in my
Just
my hand
the
of
to the
at
the
duly commissioned & qualified at such
& that full
to his
&
at
the twenty first
in the
Eighteeen Hundred & thirty three
vs
Sam
vs
Sam
Depos of
plaintiffs
vs
The Dept excepts to the depositions of
1st Because then was no legal notice given of the time
and place of taking depositions
2d That the
the notice given
3d That the depositions are not properly certified.
for
vs
being
& behalf
of the year
here & under all
her
able even before she
in this
& her
refer
in the Month of
The
my
any other thing - at the
there was no other man but myself in the
Neighbourwood in which
then
to this county. The ice was
badly
I am well
character
credit
I am & have been for nine years past
s
& formerly
Philips
under
edge of her
during the christmas holidays
ing her said Child in
was taken
after
I M.E. Rattau one of the
peace within & for the county of
do hereby certify that J. B. Mathews, the
deponent was by me sworn to
truth of his knowledge touching the
in
the
ination
& subscribed
presence on the
between the hours of
3
Pittsfield in the county of
of
of March 1834
sworn & examined
dant, Deposeth & saith
I was present at
in
tions of
in this
sitions in many respects
what he was
at the request of the Deponents he
not correct the
excuse that they were the same in
meaning with the true answers. This deponent
believes the Depositions as taken by the
said
-ing
from that which the Deponents
intended they should have
mark
I
of
deponent was by me
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
D 1834
P.M. at the court house in
and state of
I
county of
of the within
house in
Burnett
who were there by me sworn and examined and
examination reduced to writing and
respectively in my presence and there said
are
in the county of
this
It is hereby certified, that
Mecarel E. Rattau, Esbr, on the
enth day of March in the year of our
Lord eighteen hundred of thirty four
was &
peace within & for said county of Pike
& State of Ilinois duly commissioned &
acting as such, & that full faith & credit
are due to his acts as such-
clerk of the county court court
of said county have herewith
subscribed any
the seal of said court at
Pittsfield their
vs
Sam J
the court house in
peace in & for the
depending
and
Plaintiff and
of the
and examined on the part of the
that
sometime
the
ippi
she
leave
to
in
deponent was
she did send them
found
any
That he is
under
wife
his
was
Philips she
J Bennet
was examined and his examination
and
on the
of 8
of
examined deposeth & saith
a house of his father in the fall of
until she could travel
rington
That she had with
It was also
was
That
to
horses were found &
in and for the
truth of his knowledge touching the matter in
controversy in the
reduced to writing and
nent in my
and 6 o clock
in the county of
Given and certified the day
on the part of the defendant
That he was present at
the plaintiff the depositions were
the plaintiff's
was taken in the name of
to sign it she said that was not her name that her name was
That when he
Witnesses objected that they were not
& Mr
did not
-bourhood several days before the taking of the depositions
and that deponent saw
the river bottom together
the depositions were taken and that he this deponent
was a while with them & then left them
a duck out of the
that
and at other times
name but
Philips is now
That he has been
twenty years and that her
that time
the general character of
that he
under
ledge touching the matter in controversy in cause afore said, that
deponent was examined and his examination reduced to writing, and
subscribed by
John
was taken in the above
by Mr
Mr
also pay his bill for his nights
and
have been fifty
the deponent was by me
of his knowledge touching the matter in
the cause aforesaid that the deponent was
and his
said deponent in my
march
and
county and state of
and examined deposeth
if she was
the same person that is now called
he heard her
taken in the above cause on the part of the plaintiff
for the county of
the deponent was by me
whole truth of his knowledge touching
the matter in
aforesaid that the deponent was
examined and his examination reduced
to writing and
in my presence on the
A
D 1834
6 o clock in the
-ed the
of
you are hereby
to be read in
ant will be taken at the office of
day of March
6 O clock in the afternoon and also at the court house in
in the county of
of March
o clock in the afternoon and if it be
such depositions at
for taking them at such place the
day to day at the same place and between the
shall
--GREETING.
WE, reposing special trust and confidence in your integrity and cricumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by
M. Kinney their
his, her or their corporal oath (to be by you adminsitered) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our
is
defendant on the part of the
you as aforesaid into writing, your are required to send the same, together with this commission, enclosed under your seal, to our
said
of our Lord, on thousand eight hundred an thirty
--GREETING.
WE, reposing special trust and confidnece in you integrity and cirumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by
J
his, her or their corporal oath (to be by you adminstered) touching their knowledge of any thing that may relate to a certain matter
of controversy, now pending in our
is
defendant on the part of the
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed undre your seal, to our
said
of our Lord, one thousand eight hundred and thirty-
Sct.
I,
Court for the county aforesaid, do hereby certify that
whose name is subscribed to the foregoing certificate was at the time of subscribing
the same, an acting Jusice of the Peace within and for the county of
aforesaid, duly commissioned and qualified, and that full faith and credit is and
ought to be given to all his official acts as such.
court
The deposition of witness
& exmanined
Williams Esq & in the
before me
peace within & for said conty in a certain
cause now depending in the circut court
for the county of
between
plaintiff &
on the part of the said defendant
amined on the part of the said defend-
ant deposeth & saith, in answer to
Interrogatory
1
in the
so at what time did you become acguaninted
Answer - I am not acquainted with defendant
Mrs Carringtion came into
near to Philips ferry in the neighbourhood
in which I then lived & brought with her
a woman of color named
I
on or about the
1825
there with
two weeks during which time I was
ainted
of which time she was taken by
Carring since deceased (the son of Mrs Carringtion)
to
quaninted with her or seen her
once.
2nd When & where did your see her afterwards
2nd.
the year
tons
Question 3rd. At what time did she
again,
Answer
mas
went
Question 4th. Did
her to
Answer
She
had not been brought
Question 5th.
taken to
after
to
ferry
Answer - About the time she came
(
were
which time
able to do business
hunting
understood
River
at that time on account of
Question 6th.
to
Answer
her, &
practicable
Question 7th. Are you
-al
Answer - I have been
general character for four years
Question 8th. From your knowledge of her
Character, would you
Answer
I
falsely
Question 9th. Is the
person
the
live with
Answer - She is
live with the
wife
Question 10th. Do you know what was her proper name
Answer I do not but I have
Question 11th. Was the said
Answer In the years
personally acquainted
was very
ton
the county of
here by certify, that
was by me
his knowledge
versy in the case aforesaid That the Deponent
was
to writing & subscribed by said Deponent
in my
March Eighteen hundred & thirty four,
the
Two
A Williams
County of
Given & Certified by me this
March in the year 1834.
I
tice
of
in
& County & state
writing, &
presence & his said
now herewith returned.
of
Advanced by
for Deft
--GREETING.
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
or her or his
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
plaintiff and
defendant on the part of the
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed under your seal, to our
said
of our Lord, one thousand eight hundred and thirty-
Farm of heading & certifying Depositions
“ The depositions of witnesses taken before me
“ A P. a Justice of the peace within & for the county
" of
“ in the town of Pittsfield in said county on the
(here insert the day, or days when the depositions
shall be taken) between the hours of eight
O clock in the
afternoon of the same day (or days)
certain cause pending in the court &
between the parties in the
commission mentioned
A B of lawful age being produced sworn &
examined on the part of the plaintiff
deposeth & saith here insert the statement
of
disposition & it must be written in
of the Justice & at the foot of each
deposition the
must state the date
before me
This
At the fact of all the
certificate in the following form
I
deponents were
whole truth of their
said
to
in my presence on the days
& at the place in that behalf first aforesaid
the plaintiff
court house in the
county of
of 8
that
taking depositions there
The
very place must
day between the
the
The depositions of
Mearel.
in the town of Pittsfield in said county on the
day of April
A
M and 6 P
M of the same day to be
evidence in a certain
parties in the
& examined on the part of the
Question are you acquainted
if so how long (answer) before she came to the
and since
An” in
2 did or did she not
that fall and winter
Ans
Carringtons control and in
slaves
Ques, How long did Mrs.
saying that
might, get herself in difficulty
ans about nine years come fall in this county
Mr
vs
opened & filed
and
or not that
and
Ans
and did Bring
Question did
a
friday during which time
one
Question have you been
and know how they are treated by their
master &
state
of
know that she
State as near as you can how long
was in the
the
I dont know exactly it might have been one month
and further the deponent saith not
sworn
the matter where in
and
between the hours of 8 o clock
the
and
as near as you can when
in
Colour and her Child
that
if
which work was
and
loose
been at
long
long Question was
the Child was
at
I think
that
more than eight weeks
Question was or was not
at
weeks. Ans,
Question
at
in
there that long Question at what time
you
house and in the morning word
over
Question are
Ques
it is
Question
the boys where
there
before
Ques Are
are
and
lately in taking Depositions in this case
now in
daughter the
ever since
not
county
loose her child
ber
was
it was. (Question) at what time of
or did not
would
in
keep
cannot tell
when Brought
long
was,
and
county and
was by
plaintiff
wherein
tion reduced
the same
house in Pittsfield County
of Ills do certify that
touching the
woman of Colour is plantiff and
Defendant and his
by me and signed by him in my
17th day of
and 6
and
Question
how long have you been
came to
her
and were they treated as slaves
was
to her control & her Commands in my presence and
before she sent them to
time after sent them as I understood to
the day before
daughters
the
she went
stated
of
12 or 15
when she
intended to settle herself in this
to settle here and
them to show them the
arrived and was there ice in the
in the
or four days and
weather
and
Scholl
of the
wherein
and
on
to writing by me and
presence on the
between the hours of 8 a
m and 6 p
m of the
days
first aforesaid
A
D
6
and examined on the part of the
and
and if so how long
before she came to this
ever since
seen her frequently at
Question Do you recollect how long
has been in this
to this
to my house, but did not
furniture
one Mr
below where
she
Question
in
that they
Question Did
as slaves
orders and
Black Woman
for
in my employ and
to
weeks, then I saw no more of her
Question
here when they was over at
Ans
to
the
Question how was
treating
like her
Question did
for you
for the
Question will you
been
married to
Question
about the time that
to
pleasant
Navigation of the river.
Question
straying from
enquiring
that they found them in a
after wards and I
and further the
on
matter wherein
plaintiff
and
on the 17th day of
the
deposeth and
Question
came
Ans
a woman of
after they
and her Child in this
to
but I understood that they
Chrismas to
arrived in the
in the state, Ans
she intended to
of
or not that Mr
in
Nov
had gone over to the
of my ferry and accordingly
=field to enter the land and I understood that
on his way to enter the said ferry but found I was
too far ahead and he turned Back
Stat if you please
Mrs
Mrs
Beny Mathis over to morgan county distant about
10 or 15 miles
Ques, Is or is not
in
Ques,
character as to truth and
Ans as to common report I don't know of any
thing against it
Ques State if you
of Hart,
distance of you, and How long have you been
acquainted with him Ans within that distance
about 3 years, and I have been acquanted with
him partially some years before I came to this
State Question have you or not ever heard any
thing general for or againist his character for truth
and verasity Ans I cannot say
neighborhood as to truth and
it very good and
of
examined on the part of the plantiff as touching the matter
where in
is defendant and his examination reduced to writing by me
on the
in
Mr
been
the fall of
of
Ans I saw them with them were they
Mr. Carringtons slaves. Ans they was so called
Ques Do you know of Julias having worked for
Mr
washing and I saw Mrs Carringtons children come
and
State as near as
and
were
and
and some time about
Carringtons daughters
Bottom
the garden at my house and Mr
a
after
as to
of the
saith
county and state of
Philips
plantiff
writing by me on the
Ills
against
Plantiff Dr
To
of
named on the
Saml. L. McKinney
Bill of
Cost
$ 13.38 3/4
You are hereby commnaded to summon
Wm. Risley
that setting aside all manner of excuse and delay,
before the judge of our
at the city of
the truth to say in a certain matter of controversy now pending in our said Court,
wherein
part of the
an the year of our Lord one thosuand eight hundred and thirty
vs
For
Executed this writ on
on
the county of
You are hereby commanded to summon
before the Judge our our
at the
the truth to say in certain matter of controversy now pending in our said Court, wherein
part of
in the year of our Lord one thousand eight hundred and thirty
vs
Wm. Keriney
for plaintiff
Drake and for
1st May
You are hereby commanded to summon
before the Judge of our
at the
the truth to say in a certain matter of controversy now pending in our said Court,
wherein
part of the
in the year of our one thousand eight hundred and thirty
vs
for the
Executed this
by
1834
by
by
vs
1
2
3
vs
Sammul Me
reasons for New Trial
1 That if the
out any intention on the part of such owner to make
the
al into that State to recover in this action
2 That the taking of the plaintiff into the
by her owner
for the purpose of
3 That the plaintiff is not entitled in this case according to the
evidence to recover her freedom under the 2nd section of the
article of the
by the
case of
The
and
of the
Court in
able to complete them on that day. the
tions, was
in
seal of the
date on the
and thirty one
is
the said
sworn according
