To the Hon WilliamWilliam C. CarrCarr Esq. Judge of the Circuit Court of the Third Judicial Circuit of the State of Mo.now in session Your Petitioner DunkyDunky a woman of colour respectfully represents to yourthis Honourable court that she was born in AfricaAfrica from which place she was shiped by persons unknown to her, and landed at Charleston in the State of South CarolinaCarolina about Twenty years ago, where she remained but few days after which she was conveyed from thence to KaskaskiaKaskaskia in the IllinoisState of Illinois by Alcorn& Bernard Jas Bryant by whom she was delivered to William MorrisonWilliam William MorrisonMorrison at the place last aforesaid whom she served as an indented servant in the said IllinoisState of Illinois until September in the Year of our Lord one thousand eight hundred and thirty when she was delivered to AndrewAndrew HayHay in the State last aforesaid who held her in servitude at the place aforesaid until the Third day of April in the year of our Lord one thousand eight hundred and thirty one at which time he removed her to the City of St LouisSaint Louis and State ofwithin the County of Saint LouisCounty County of Saint Louisof Saint Louis and MissouriState of Missouri where he the said WilliamWilliam CarrCarr AndrewAndrew HayHay holds your Petitioner in servitude- Your petitioner has reason to, and does verily believe that she is justly entitled to her freedom and therefore prays that she may be permitted to prossecute for the same in the Circuit Court of the County of Saint LouisCounty of Saint County of Saint LouisLouis and State aforesaid, in forma pauperis , and Stephen WStephen Stephen WW Forman & Geor . D . Shaw be assigned as counsel And as in duty bound your petitioner will ever pray

Before me personally appeared DunkyDunky a coloured woman being by me duly sworn upon her oath says the Facts contained in the above petition are true- Sworn the 5th day of April 1831 within the Township of St LouisSaint Louis:

George D Shaw presents the petition of DunkyDunky a woman of color praying that she may be permitted to institute a suit against AndrewAndrew HayHay for establishing her right to freedom and that the may be permitted to sue as a poor person thereupon the court permit the said DunkyDunky to sue as aforesaid and direct an action of assault and battery and false im-prisonment to be brought in the name of the said DunkyDunky and assign George D.Shaw and Stephen WStephen Stephen WW Foreman as her counsel and it is ordered by the court that the said AndrewAndrew HayHay permit the said petitioner to have a reasonable liberty of attending her counsel and the court when occassion may require it and that she said petitioner shall not be taken or removed out of the Jurisdiction of this court or be subject to any severity of treatment on account of her said application for freedom-

DunkyDunky a woman of colour vs AndrewAndrew HayHay

Petition

For liberty to sue in forma pauperis

County of Saint LouisCounty of Saint Louis to wit DunkyDunky a woman of colour who by permission of the court sues in forma paupiris complains of AndrewAndrew HayHay for that on the first day of April in the Year of our Lord one thousand eight hundred and thirty one, the said AndrewAndrew HayHay with force and arms made an assault upon the said DunkyDunky to wit at the City within the County of Saint LouisCounty of Saint Louis and MissouriState of Missouri and then and there seized and laid hold, of the said DunkyDunky and with great force and violence pulled and dragged about her the said DunkyDunky and then and there struck the said DunkyDunky a great many violent blows and strokes and then and there imprisoned the said DunkyDunky and kept her in prision there without any reasonable or probable cause whatsoever for a long space of time to wit for the space of three days then next following contrary to law and against the will of the said DunkyDunky whereby she the said DunkyDunky was then and there not only greatly bruised   wounded but was thereby greatly injured in her circumstances.

And the said DunkyDunky avers that before and at the time of the committing the grevivences above mentioned she was and still is a free person and that the Defendant held and detained her and still holds and detains her in slavery to wit at the City within the County of Saint LouisCounty of Saint Louis and MissouriState of Missouri, and other wrongs to the said DunkyDunky then and there did against the peace of the State and to the damage of the said DunkyDunky of Five hundred dollars therefore she brings her suit

We command you to summon AndrewAndrew HayHay that he be and appear before the Judge of our Circuit CourtCircuit Court at the next July Term thereof to be held at the City of St LouisCity of St Louis within and for the county of St LouisSt Louis on the fourth monday of July next then and there to answer unto DunkyDunky a woman of color of a plea of trespass assault and Battery and false imprison-ment to the damage of the said DunkyDunky of Five Hundred Dollars and have you then there this writ

Served this writ on AndrewAndrew HayHay by reading it   the declaration to him in the City of St LouisCity of St Louis on the 16h day of April 1831. I also at the same time read to him the order of the Circuit CourtCircuit Court endorsed on the petition hereto annexed

Order of Court .50

$1.50

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

And for further plea in this behalf the said defendant says that the said plaintiff ought not to have and maintain her aforesaid action against him because he says that the said plaintiff is a slave without this that she is free as in her said declaration is above supposed and this he is ready to verify wherefore he prays Judgement

And for futher plea in this behalf the said Defendant says that the said plaintiff ought not to maintain her said action against him because at the time of the committing the said supposed grievances in the declaration mentioned the said plaintiff was held to labour in the IllinoisState of Illinois under the laws of said IllinoisState of Illinois and had escaped into the County of Saint LouisCounty County of Saint Louisof Saint Louis aforesaid without this that at the said time when when the said plaintiff was free as in her said declaration is above supposed and this he is ready to verify wherefore he prays Judgement

Dunky a coloured person vs AndrewAndrew HayHay

Action for freedom The Clerk will issue Summons

1st pled N.G

2 plff a slave

3rd An Indentured servant

And the plaintiff, for replication to the plea of the defendant by him first above pleaded   whereof he has put himself upon the county does the like

And for replication to the plea of the defendant by him secondly above pleaded she says that by reason of any thing in that plea alleged she ought not to be barred   precluded from having   maintaining her action aforesaid, because she says that at the said time, she was not a slave, but on the contrary thereof she then was   still is a free person as in her said declaration is above supposed and this she of the Country

And as to the plea of said defendant by him thirdly above pleaded the said plaintiff says that plea alleged she ought not to be barred   precluded because she says that at the said time she was not held to labor in the state of IllinoisIllinois under the laws of said state,   escaped into missouri but on the contrary thereof, she the said plaintiff then was   still is a free person as in they her said declaration is above supposed this she prays may be enquired of by the Country

order permitting suit to be instituted Book 6 page 92 motion overruled

DunkyDunky vs AndrewAndrew HayHay

Replications

DunkyDunky >vs And HayHay

Replications

You are hereby commanded to summon Maria Louisa RocheblaveMary Louise Rocheblave Charles LarochCharles Charles LarochLaroch   AndrewAndrew Blair 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 9th day of December next at the City of St LouisCity of St. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff; and have you then there this writ.

Executed this writ on Chs. Laroch 10 Dec 1831 AndrewAndrew Blair   Maria Louisa RocheblaveMarie Louise Rocheblave not found

DunkyDunky vs AndrewAndrew HayHay for plff

You are hereby commanded to summon William KellyWilliam Kelly 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 Ninth day of December next at the City of St LouisCity of St. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff; and have you then there this writ.

Mr Kelly not found in my County

DunkyDunky vs AndrewAndrew HayHay

You are hereby commanded to summon Maria Louisa RocheblaveMarie Louis Rocheblave - Charles LarochCharles Laroch - AndrewAndrew Blair and William KellyWilliam Kelly 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 Thid day of April instant at the City of St LouisCity of St. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff; and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Served this writ on M. L. Rochbleve on this 19h March on William KellyWm William KellyKelly on 22nd,   John Laroch on 23rd by reading in the City of St LouisCity of City of St LouisSt Louis >A. Blair not found

You are hereby commanded to summon Pierre MenardPierre Pierre MenardMenard 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 third day of April next at the City of St LouisCity of St. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff; and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Served on Pierre MenardPierre Pierre MenardMenard on the 28th March 1832 in the City of St LouisCity of City of St LouisSt. Louis by read-ing it to him

You Are Hereby Commanded To Summon Thomas DrunnThomas Thomas DrunnDrunn 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 24th day of april at the City of St LouisCity of St. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Executed this writ on Thomas DrunnThomas Thomas DrunnDrunn on the 23rd April 1832 in the City of St LouisCity of St. Louis

To the above named deft. or Hamilton Gamble Esq . his attorney of record . Take notice that I shall attend at the office of Patrick WalshPatrick Walsh a justice of the peace in the City of St LouisCity of St Louis   county aforesaid on tuesday next between the hours of eight of the clock in the forenoon   five of the clock in the afternoon of that day, then there to take the deposition of Witness to be read on the trial of the above cause on the part of the Plff

This notice served on me April 19. 1831

DunkyDunky vs AndrewAndrew HayHay

Notice

Pursuant to the above and answered notice personally appeared before me Patrick WalshPatrick Patrick WalshWalsh a Justice of the peace within and for the County of St LouisCounty of St Louis ThomasThomas of lawfull age who being first sworn and examined upon his oath says that he knows the plaintiff named in the notice DunkyDunky a woman of colour and first became acquainted with her at KaskaskiaKaskaskia in the state ofIllinoisIllinois in the year eighteen hundred and ninteen and twenty - DunkyDunky is a tall coloured woman with a yellow tinge and scars upon her cheeks apparantly made with a knife and was said and a native African   that at the this deponant knew DunkyDunky at KaskaskiaKaskaskia she was claimed by WilliamWilliam Morreson of that place and that in the fall of eighteen hundred and twenty seven a son of WilliamWilliam Morreson brought said DunkyDunky to GalenaGalena and left her to hire her own time and that this deponent hired said DunkyDunky about four months and paid her wages to the son of said WilliamWilliam Morreson who claimed her

Opened   filed April 5th 1832

(no fees )

Depositions Dunkey vslb/> AndrewAndrew HayHay

The Clerk of the Circuit CourtCircuit Court St Louis County

You Are Hereby Commanded To Summon Thomas Drunn- Pierre MenardPierre Pierre MenardMenard AndrewAndrew Blair- Maria Louisa RocheblaveMarie Louise Rocheblave- Charles LarochCharles Laroch- and William KellyWilliam Kelly- 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 30th day of July next at the City of St LouisCity of St Louis, then and there to tesify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Served this writ on P. Menard on 21st July 1832 in the City of St LouisCity of City of St LouisSt Louis A Blair M L. Rocheblave Charles LarochCharles Charles LarochLaroch William KellyWm William KellyKelly   Thos Drunn not found

You Are Hereby Commanded To Summon Pierre MenardPierre Pierre MenardMenard 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 30th day of July at the City of St LouisCity of St Louis, then and there to tesify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

P Menard not found

DunkyDunky vs AndrewAndrew HayHay

To Mr. AndrewAndrew HayHay the above named Plain=tiff, and H R. Gamble esqr. his attoney

Take notice that depositions of Witnesses to be read in evidence at the trial of the above named cause, will be taken, at the dwelling house of Madme Louise RocheblaveLouise Rocheblave, in the City of St LouisCity of St Louis on Saturday the 6th day of October next, between the hours of eight o clock in the morning six O clock in the afternoon of that day, and to be continued from day to day between the same hours, if need be.

DunkyDunky vs HayHay

notice to take depositions.

You Are Hereby Commanded To Summon Maria Louisa RocheblaveMary Louise Rocheblave- Charles LarochCharles Charles LarochLaroch Pierre MenardPierre Pierre MenardMenard- AndrewAndrew Blair- William KellyWilliam Kelly and Thomas DrunnThomas Drunn 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 Fifth day of December next at the City of St LouisCity of St Louis, then and there to tesify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Chas Laroche M. L Rochblave Pierre MenardPierre Pierre MenardMenard AndrewAndrew Blair WilliamWilliam Kelley   Thos. Drunn not found

You Are Hereby Commanded To Summon Maria Louisa RocheblaveMary Louise Rocheblave- Charles LarochCharles Charles LarochLaroch Pierre MenardPierre Pierre MenardMenard- AndrewAndrew Blair- William KellyWilliam Kelly and Thomas DrumThomas Drum 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 twenty ninth day of March next at the City of St LouisCity of St Louis, then and there to tesify and the truth to say, in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Executed this writ on Pierre MenardPierre Pierre MenardMenard in St LouisSt Louis City on the 14th of March 1833   Maria Louisa RocheblaveMary Maria Louisa RocheblaveLouise Maria Louisa RocheblaveRocheblave Charles Laroche AndrewAndrew Blair William KellyWm William KellyKelly   Thomas DrumThomas Drum not found in my county

of Maria Louisa RocheblaveMarie Maria Louisa RocheblaveLouise Maria Louisa RocheblaveRocheblave

Circuit CourtSt Louis Circuit Court Dunky (a black woman v AndrewAndrew HayHay

The clerk of the Circuit CourtCircuit Court S LouisS Louis County

Depositions Taken by virtue of a Notice, on Saturday the sixth day of october in the year eighteen hundred and thirty two, between the hours of eight of the clock in the morning and six o clock in the afternoon of said any at the dwelling house of Mde Louise RocheblaveLouise Louise RocheblaveRocheblave in the city of S LouisS Louis and to be read in evidence on the trial of in the circuit court of the county of S LouisS Louis Between DunkyDunky a Black woman as plaintiff and AndrewAndrew HayHay as defendant on the part of the plaintiff

Maria Louisa RocheblaveMarie Maria Louisa RocheblaveLouise Maria Louisa RocheblaveRocheblave personally appeared who being duly sworn to tell the whole truth of the matter between the parties aforesaid on her oath saith That she removed from the village of KaskaskiaKaskaskia in the state of IllinoisIllinois to the city of St LouisSt Louis about fifteen years ago orupwards That the plaintiff DunkyDunky was brought to KaskaskiaKaskaskia by a certain Mr. ThompsonThompson among a number of other states, six or eight years before the deponent left that place deponent and she was brought from VirginiaVirginia that said DunkyDunky remained in the possession of said William MorrisonWilliam William MorrisonMorrison from the time of her arrival at Kaskakia to the period of the removal of deponent to this city of St LouisSt Louis that she has seen the said DunkyDunky in this city of St LouisSt Louis whom she recognized to be the same she had seen at KaskaskiaKaskaskia she has marks lengthway on her checks she cannot tell the age of the said DunkyDunky at the time she came to KaskaskiaKaskaskia

You are hereby commanded to summon Maria Louisa RocheblaveMary Louise Rocheblave, Charles LarochCharles Laroch, Pierre MenardPierre Menard, AndrewAndrew Blair, , 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 25th day of July next at the City of St LouisCity of St. Louis, then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

Executed this writ on MaryMary L. Rocheblave on the 22 July 1833 by reading the same to her in the County of St LouisCounty of St Louis. C. Laroche P. Menard William KellyWilliam Kelly   Thos Drum not found in my County

DunkyDunky vs AndrewAndrew HayHay

You are hereby commanded to summon Maria Louisa RocheblaveMary Louise Rocheblave - Charles Laroche, Pierre MenardPierre Menard - AndrewAndrew Blair - William KellyWilliam Kelly   Thomas DrumThomas Drum- 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 2nd day of December next at the City of St LouisCity of St. Louis, then and there to testify and the truth to say, in a certain matter of controversy now pending in our said Court, wherein DunkyDunky is plaintiff, and AndrewAndrew HayHay is defendant, on the part of the plaintiff and have you then there this writ.

DunkyDunky vs AndrewAndrew HayHay

Executed this writ on M L.Rochhblave 5th December 1833 in St LouisSt Louis none of the other Witnesses found

The Defendant moves the Court to set aside the verdict rendered in this case and grant a new trial for the following reasons

1st Because the verdict is against evidence

2nd Because the verdict is without evidence

3rd Because the verdict is against law

4th Because the verdict is against the instructions of the Court

DunkyDunky vs AndrewAndrew HayHay

DunkyDunky vs AndrewAndrew Hay Bill of Exceptions

Be it remembered that on the trial of this Cause the said plaintiff to maintain the issues on her part produced and read in evidence to the Jury the following depositions of Maria Louisa RocheblaveMarie Maria Louisa RocheblaveLouise Maria Louisa RocheblaveRocheblave and Thomas DrumThomas Thomas DrumDrum (here insert the deposition of Mrs. RocheblaveRocheblave and Thomas DrumThomas Thomas DrumDrum ) It was there admitted by the parties plaintiff and defendant before the Jury that the plaintiff was held in servitude in the IllinoisState of IllinoisIllinois and that before the commence-ment of this action she came to the MissouriState of Mis-souri without the consert of the person claiming her services in IllinoisIllinois and that before the com-menct of this action the defendant arrested the plaintiff in MissouriMissouri for the purpose of removing her to IllinoisIllinois for the person there claiming her services and the Defendant exercised over her in missouri no other control than was necessary for such re-moval. The Defendant then gave in evidence to the Jury a statute law passed on the seventeeth day of September 1807 and in force in the then Territory which now forms the IllinoisState of IllinoisIllinois which the parties agree may be read from the printed book in all Courts. The defendant next gave in evidence to the Jury the following copy of the record of regis-try in the state of IllinoisIllinois to the mode of authenti-cating which the plaintiff waived objections (here insert the copy of Registry ) and it was admitted that the plaintiff is the negro named in said copy from the register This was all the evidence given in the cause.

The Court then instructed the Jury that if they be leived from the evidence that the plaintiff in this case was registered in the Territory of IllinoisIllinois as an indentured servant in the year 1811 in pursuance

of the act of the Legislature given in evidence in this case for a period not yet expired and that she came into this state without the consent of the person claiming her services in IllinoisIllinois and that the defendant exercised no authority over her in this state except what was necessary to remove her into IllinoisIllinois for the person claiming her services there they must find for the Defendant The court also instructed the Jury that the copy of the Record of registry given in evidence in this case establishes the agreement on the part of the plaintiff to serve William MorrisonWilliam William MorrisonMorrison for the period in that copy mentioned in pursuance of the law of the Territory of IllinoisIllinois

The Jury having found a verdict for the plaintiff the defendant moved the Court to set aside the verdict and grant a new trial for the follow-ing reasons

1st Because the verdict is against the evidence

2nd Because the verdict is without evidence

3rd Because the verdict is against law

4th Because the verdict is against the instruc-tions of the Court

Which motion for a new trial was by the Court overruled To which opinion of the Court in overruling the said motion for a new trial the defendants by his counsel excepts and prays the Court to sign and seal this his bill of Ex-ecptions and that the same may be made part of the record which is done

That if the Jury belive from the evidence that the plff in this case was registered in the Territory of IllinoisIllinois as an Indentured servant in the year 1811 in pursuance of the Act of the Legislature given in evidence in this case for a period not yet expired and that she came into this state without the consent of the person claiming her services in IllinoisIllinois and that the defendant excercised no authority over her in this state except what was necessary to remove her into IllinoisIllinois to serve and the they must find for the Defendant.

That the copy of the record of Registry given in evidence in this case establishes the agreement on the part of DunkyDunky to serve WilliamWilliam Mor-rison for the period in that copy mentioned in pursuance of the law of the Territory of IllinoisIllinois

That if the Jury believe from the evidence that the plaintiff in this case was registered in the Territory of Illiniois as an Indentured servant in the year 1811 in pursuance of the act of the Legislature given in evidence in this case for a periodnot yet expired and that she came into this state with-out the consent of the person claiming her services in IllinoisIllinois and that the defendant exercised no authority over her in this state except what was necessary to remove her into IllinoisIllinois for the person claiming her ser-vices then they must find for the Defendant.

1

2.75

6

9.74

We the Jurors find for the plaintiff