Jenny v. Robert Musick
Item
Jenny V. Robert Musick. 1819, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60615
- Case Title
- Jenny v. Robert Musick
- Series
- Freedom Suits
- Plaintiff
- Jenny
- Defendant
- Musick, Robert
- Date Filed
- 1819-04-26
- Filing Date
- 1819-04-26
- Plaintiff’s Attorney
- Barton
- Geyer, Henry S.
- Defendant’s Attorney
- Pettibone, Rufus
- Spalding, Josiah
- Court Name
- Superior Court Northern Circuit
- Territory of Missouri Northern Circuit
- Superior Court
- Court Term
- 1819-03
- Judge
- Bent, Silas
- Clerk
- Garner, J. G.
- Cause of Action
- Trespass
- False Imprisonment
- Case Notes
- Plaintiff was daughter of Winny.
- Related Project ID
- ccr1818.01053.008
- ccr1826.04100.002
- ccr1826.06961.002
- ccr1826.06962.002
- Identifier
- ccr1819.01054.010
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Jenny vs. Robert Musick**
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**Page 1** (1054_001.jpg)
> *Legal Function: Plaintiff's Complaint*
Superior Court Northern Circuit.
March Term 1819.
County of St Louis . to writ Jinny a
free girl held in slavery and who is
permitted by the court to sue as a
poor person by J Barton and Henry S .
Geyer her attornies assigned as counsel
by the said court complains of Robert
Musick of a plea of Trespass. For that
the said Robert Musick heretofore to writ
on the first day of January in the year
of our Lord one thousand and eight hundred
and fifteen, with force and arms
at the county aforesaid unlawfully
an assault did make in and upon
the said Jinny ; and then and there
beat bruised and ill treated her
then said Jinny . and then and there
imprisoned her the said Jenny and
kept and detained her in prison
without any reasonable or probab
le caused whatsoever: and has
even since kept and still
doth keep and detain her
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**Page 2** (1054_002.jpg)
prison against the will of the said
Jinny and and contrary to the Laws of this
Territory. and other wrongs to the
said Jinny then and there did aga
inst the peace of the United States
of America . and to the damage
of the said Jinny five hundred
dollars and therefore she
sues [illegible]
*Barton & Geyer atts.*
---
**Page 3** (1054_003.jpg)
> *Legal Function: Subpoena for Robert Musick*
Territory of Missouri
Northern Circuit The United States of America to the Sheriff of the
County of St Louis Greeting
You are commanded that you summon Robert Musick , that he
be and appear before the judges of our Superior court of our Territory
of Missouri at our said Superior Court to be held in and for the
Northern Circuit of the said Territory at the Town of St Louis , on the
fourth Monday in March next, then and there in our said
court before our Judges aforesaid, to answer unto Jinny a free girl
held a slavery, in a plea of trespass, assault and Battery and
false imprisonment, to her damage five hundred dollars-
and have you then and there this writ, and certify to our
said court how you execute the same
*Witness the Honorable Silas Bent Esquire presiding
Judge ofour said court at St Louis this fourteenth day
of December in the year of our Lord one thousand-
eight hundred and eighteen and of our Independence
the forty third. J.C. [illegible] S.C.N.C.*
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**Page 4** (1054_004.jpg)
> *Legal Function: Certificate of Execution*
Served this writ 8th
February 1819. by read
ing it to the defendt
at his place of resi
dence. Bonhomme[?] Township.
John K. Walker
[illegible]
service .80
travel 24 ms 1.20
\$2.00
*filed april 26th 1879 [illegible]*
> *Legal Function: Caption*
No 194 April Term 1821
Superior Court N.6
March Term 1819.
Summons
Jinny a free girl
vs [illegible]
Rob Musick
Trespass and
falso im-[?]
prisonment[?]
To the clerk the
Superior Court N6
This is an action of
Trespass and false
imprisonment
Damage \$500.00
which you will issue
a summons to
Shff of St Louis city.
*Barton & Geyer*
---
**Page 5** (1054_005.jpg)
> *Legal Function: Defendant's Answer*
Superior Court
Northen Circuit
Robert Musick
ads
Jinny .
And the said defendant by R Pettibone
his attorney comes of defends the force
and injury when [illegible] and as to the assaulting,
beating, bruising, ill treating & imprisoning and
detaining in prison of the said plaintiff, as in
her said declaration mentioned- the said
Defendant says that the said plaintiff ought
not to have of maintain her aforesaid action
thereof against him, because he says that before,
and at the said time when [illegible] in the said
declaration mentioned, to writ at the place and
within the jurisdiction aforesaid, the said plaintiff
was and still is the slave of him the said defen
dant, wherefore in his own right the said
Defendant at the said time when [illegible] did
beat, imprison and detain in prison the said
plaintiff so being the slave of him the said
Defendant as he lawfully might do; which
are the said several supposed trespasses
whiney the said Plaintiff hath above
thereof complained against him- And
this he is ready to verify - Wherefore
he prays judgement [illegible]
*R. Pettibone atty for
Plff*
> *Legal Function: Plaintiff's Response*
And the said Jinny saith she ought
not to he barred and precluded from
having and maintaining her aforesaid
action thereof against the said Robert
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**Page 6** (1054_006.jpg)
Musick because she saith that at
the said time when [illegible] in the said
declaration mentioned she was not
the slave of him the said Robert
Musick in manner and form as
he has above in his said plea
alleged and this she prays
may be inquired of by the
country and the said Robert
Musick doth the like.
*Barton for
the Plff*
> *Legal Function: Caption*
[illegible] Circuit
Robert Musick
vs
Jenny
Plea
R Pettibone atty
Replication dispute
*filed June 20th 1879 J. C. [illegible]*
---
**Page 7** (1054_007.jpg)
> *Legal Function: Motion for Continuance*
Superior Court
Robert Musick
vs
Jinny
St Louis County Ss
Robert Musick the
above named defendant being duly
sworn says that this suit depends upon
the same principles and facts as the suit
of Phebe Prewett ads Winny - and that
the Testimony of the witness mentioned
in the affidavit of the said Phebe here
unto [illegible], is material for this deponent
on the trial of this cause
and that he cannot safely proceed to
trial without him. This deponent knows
of no other witness by whom he can
prove the same facts which he expects
to be able to prove by the said witness
and he has reasonable grounds to believe
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**Page 8** (1054_008.jpg)
that he can procure the attendance of
the said witness at the next term of this
Court - This deponent has taken no
steps to procure the attendance of the
said witness at this term- because
he did not know of the said witness
untill, it was too late to procure his
evidence for this term. This application
is not made for delay but that sub
stantial justice may be done
*sworn to and subscribed this
24th day of April 1820 Before me M. [illegible]
Robert Musick*
---
**Page 9** (1054_009.jpg)
> *Legal Function: Bill of Exceptions*
St St. Louis Circuit Court
Febry [illegible] 1822
Jinny a free girl
vs.
Robert Musick
On the trial of this cause it was proved
on the part of the plaintiff that one Winne mother of
the said plaintiff was carried into the now state of Illi-
nois between twenty and thirty years since by one Phebe
whitesides alias Pruitt and her husband when and where
the said Winne was by there held in slavery during the
space of three of four years: that at the end of the
said time of there or four years the said Phebe with
her said husband removed to the now state of Missouri
and that the said Winne was then and for years after
wards claimed and held as their slave there. The counsel
for the defendant then required the court to instruct the
Jury that a residence in the then North West territory
(now) Illinois as above mentioned did not render the said
Winne free under and in virtue of the ordinance
of congress of the year one thousand seven hundred and
eighty seven for the government of the territory of the
United States North West of the River Ohio and also
that the law did not authorize the recovery ofmore
than nominal damages in this action by the plain
tiff, which instructions the Court refused but changed
the Jury that said evidence did in law set the said
Winne free if it should appear to the satisfaction of the
Jury that the said Phebe and her then husband resided
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**Page 10** (1054_010.jpg)
there with intent to make that territory the home of
themselves and of the said Winne: and that the said
plaintiff was entitled to damages in this form of action
an the same principles that any other plaintiff might
recover in an action of false imprisonment. To
these opinions of the Court delivered to the Jury the
Council for the defendant excepted and prayed the Court
to sign and seal a bill of exceptions taken there
to which is done accordingly in open Court this tenth
day of February in the year one thousand eight hun
dred and twenty two
*N.B Tucker*
> *Legal Function: Caption*
St. Louis Circuit Court
Jenny
vs
Rob Musick
Bill of exceptions
*Pettibone &
Ferris and Spalding[?]
attys*
Jenny V. Robert Musick. 1819, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60615