St. Louis Circuit Court Historical Records Project

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Case Title

Winny v. Rufus Pettibone et al

Series

Freedom Suits

Plaintiff

Winny

Malinda

Harry

Lorinda

Jinny

Winnitta

Defendant

Pettibone, Rufus

Butler, John

Butler, Betsy

Hatton, Charles B.

Hatton, Sally

Wingfield, Owen

Wingfield, Sally

Voteau, Isaac

Whitesides, John (alias Whiteside; Whitsit)

Hatton, Mitchell

Hatton, Anne

Sanford, Michael

Sanford, Theresa

Whitesides, John Jr. (alias Whiteside)

Whitesides, Lucinda (alias Whiteside; Whitsit)

Date Filed

1825-06-02

Filing Date

1825-06-02

Plaintiff’s Attorney

Bates, Edward G.

McGirk, Isaac C.

Defendant’s Attorney

Cozens, Horatio

Spalding, Josiah

Court Name

St. Louis Circuit Court

Court Term

1825-07

Judge

Carr, William C.

Clerk

Gamble, Archibald

Sheriff

Brook, Robert

Walker, John K.

Mifun, Robert

Sworn Declarant

Lucas, John B. C.

Garnier, Joseph V.

Richardson, James

Cause of Action

Assault

Battery

False Imprisonment

Case Notes

Court allows Winny's children to sue for their freedom.

Identifier

ccr1825.01049.028

Source

Missouri State Archives - St. Louis

Rights

Public Domain

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Transcription

**Winny vs. Rufus Pettibone et al**

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**Page 1** (1049_001.jpg)
> *Legal Function: Caption*

In the Circuit Court
July Term 1825 No. 12.
Winny
vs
Rufus Pettibone & others
The within is a counterpart of the writ
Issued to the Sheriff of the
County of
St. Louis 2nd June 1825

*Arch Gamble clerk Shffs. fees \$2.00 [illegible] To Franklin - R. Brock Shff*
> *Legal Function: Subpoena*

County of Saint Louis [illegible].
The State of Missouri To the Sheriff of the County of Franklin
Greeting.
We Command you to summon John Butter and Betsy his wife impleaded with Rufus
Pettibone, Charles B. Hatton and Sally his wife, Owen Wingfield and Sally his wife Isaac
Voteau , John Whitset alias Whitesides , Mitchel Hatton and Anne his wife. Michael
Sanford and
Theresa his wife John Whitset [illegible] alias
Whitesides and Lucinda Whitset
alias
Whitesides , That they be and appear before the Judge of our circuit court at the
next Term thereof to be held at the city of St. Louis within and for the county of St. Louis on
the Fourth Monday in July next then & there to answer unto Winny a free Woman of
Color who is permitted by the court to sue by Alexander Clark her next friend as a poor
person of a plea of trespass to the damage of said plaintiff of Five hundred dollars
and have you then there this writ.

*Witness Archibald Gamble clerk of our said
Court at Office this second day of June One
Thousand eight hundred and twenty four Archibald Gamble clerk*

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**Page 2** (1049_002.jpg)
> *Legal Function: Certificate of Execution*

Executed the within writ on John Butler and Elizabeth
Butler his wife in Newport [illegible] Township Franklin

*County by reading the same to them in their hearing on
the 14th day of June 1825 Robt . Brock Shff [illegible]*

---

**Page 3** (1049_003.jpg)
> *Legal Function: Plaintiff's Complaint*

State of Missouri
County of S. Louis [illegible] In the Circuit Court July Term
1825
Winny a free woman of color held in slavery, and who
is permitted by the court, to sue as a poor person
by Alexander Clark her next friend, who by her
Attornies Edward Bates and Issac G. Mc Girk, assigned
as counsel by the said court, complains of Rufus
Pettibone, and of Charles [illegible], and sally his wife
[illegible].
Butter and Betsy his wife, John Mulser[?], alias [illegible]
Mitchel Hatton and Anne his wife, Michael Sanford
and [illegible] his wife, John Whitset Jr., Alias Whitesides
and Lucinda Whitset, alias Whitesides, of a plea of
trespass, for that [illegible] the said defendants heretofore
to writ, on the first day of January in the year of
our Lord Eighteen hundred and twenty five with force
and arms, at the county of St. Louis , unlawfully an
assault did make in upon the body of the said
Winny, and then and there beat bruised and ill treat
ed her the said Winny and then and there imprisoned
[illegible]
[illegible]
[illegible] cause whatsoever, and has still [illegible]
and detained her in prison, and do still
detain her in prison, against the will of [illegible]
[illegible] Winny and contrary to the laws of this [illegible]
and other wrongs to the said Winny then and there
did against the peace of this state, wherefore
the said Winny says she has sustained damage
to the amount of five hundred dollars and there
fore she sues [illegible].

*Bates & M cGirk[?]
Atty for plff*

---

**Page 4** (1049_004.jpg)
> *Legal Function: Subpoena*

County of St. Louis The State of Missouri To the Sheriff of said County Greeting
We Command you to Summon Rufus Pettibone , Charles B. Hatton and Sally his wife
Owen Wingfield and sally his wife Isaac Voteau , John Butter and Betsy his wife
John Whitset alias Whitesides Mitchel Hatton and Anne his wife Michael Sanford
and Theresa his wife John Whitset [illegible] alias Whitesides and Lucinda Whitset alias
Whitesides that they be and appear before the Judge of our Circuit Court at the next term
thereof to be held at the city of St Louis within and for the County of Louis on the fourth
Monday in July next then and there to answer unto Winny a free woman of color who is
permitted by the court to sue by
Alexander Clark her next friend as a poor person of
a plea of trespass to the damage of said plaintiff of five hundred dollars, and have you
then there this writ

*[illegible] Archibald Gamble clerk of our said
Court at office this second day of June 1825 Archibald Gamble Clerk*
> *Legal Function: Caption*

No. 32. In the Circuit Court
July Term 1825
Winny
vs
Rufus Pettibone and others
To the Clerk of the
Circuit Court
This is an action of
assault & Battery and
false imprisonment
[illegible] a Summons
for the defendants
Bates and
Mc[?] Girk
for plff

*filed 2nd June 1825 Archd Gamble Clerk*
> *Legal Function: Certificate of Execution*

served this writ on Issac
Voteau on the ninth day
of July 1825 by reading it to
him.
The other defendants to [illegible]
Rufus . Pettibone. CharlesB
Mattew and Sally his wife
Owen Wingfield and Sally his
wife. John Butler and Betsy
his wife. John Whitset alias,
Whitesides. Mitchel Hatton
and Ann his wife. [illegible]
[illegible]
[illegible]. John Whitset alias
Whitesides, not found
in my County July 9th [illegible]

---

**Page 5** (1049_005.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Michael Sanford and Theresa his wife July 6th 1825 [illegible]
the City of St Louis . On Issac Voteau on the 9th of the same month in the Township of Bonhomme by reading the same to them. The other defendants
named in this writ are not to be found in my County. neither have they a
Place of abode in my County, known to me, at which should have a copy hereof
July 9th 1825

*Service \$3.00
12 non Ests 6.00
\$9.00
John K. Walker Sheriff*

---

**Page 6** (1049_006.jpg)

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**Page 7** (1049_007.jpg)
> *Legal Function: Agreement Between the Attornies of Each Party in Relation to Depositions*

Winny , a free woman of color
vs
Rufus Pettibone , Charles B. Hatton & Sally his wife
Owen Wingfield & Sally his wife
Isaac Voteau
John Butler & Betsy his wife
John Whitset , alias,
Whitesides
Mitchel Hatton & Anne his wife
Michael Sanford & Theresa his wife
John Whitset alias Whitesides
Lucinda Whitset alias Whitesides .
Ss.. In the Circuit Court
of St. Louis County 1825
Action of Trespass of
assault and Battery &c.
Malinda , a free girl of color vs. Same
Harry , a free boy of Color
vs
Same
Ss. Same
Lorinda a free girl of color
vs
Same
Ss. Same
Jinny , a free woman of color
vs
Ephraim Musick
Charles B. Hatton &
Sally his wife
Owen Wingfield & Sally his wife
Isaac Voteau
John Butler & Betsy his wife
John Whitset alias Whitsides
Mitchel Hatton & Anne his wife
Michael Sanford & Theresa his wife
John Whitset alias Whitesides
Lucinda Whitset alias whitesides
Ss.. Same
Winnitta a free girl of color
vs
Same
Ss. Same

---

**Page 8** (1049_008.jpg)
We the attornies for the parties in the foregoing
named causes, now pending in the St. Louis Circuit
Court , agree that any competent depositions legally
taken, or taken by consent in either of the above
named causes may be read in all the others, as
far as they may relate to the matter in controversy
and further, we agree, that noted to take depositions
in any of the said causes, served
on any attorney of record for either party, instead of
the party or parties, and that depositions taken in
pursuance of any such notices properly given as
aforesaid, may be read in the same manner
as if notice had him served on the party or
parties themselves in person.

*St. Louis , October the 4th 1825 H. R. Gamble & Isaac C. Mc Girk
Attorney for Plffs
E. Bates as far as
an command
Cozens
for deft.*
> *Legal Function: Caption*

Winny & Others
vs
Musick. Pettibone &
others.
Agreement between
the attornies of each
party in relation
to Depositions

---

**Page 9** (1049_009.jpg)
> *Legal Function: Subpoena for John B.C. Lucas*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St. Louis County....Greeting:
You are hereby commanded to Summon John B C.
Lucas
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Circuit
Court , on the forthwith day of at the City 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 Winney
is plaintiff, and Rufus Pettibone's
[illegible] are defendants, on the part of the Defendants and
have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 11th day of April
in the year of our Lord, one thousand eight hundred and twenty six A Gamble Clerk, C. C.*

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**Page 10** (1049_010.jpg)
> *Legal Function: Certificate of Execution*

Served on [illegible]
[illegible] on the
11th April 1826
in the city of
St. Louis
[illegible] [illegible]
[illegible]
Fees 50cts
> *Legal Function: Caption*

March 1826
Winney
vs
Pittibones Admr
for
[illegible] [illegible]
for Deft.

---

**Page 11** (1049_011.jpg)
> *Legal Function: Subpoena for John B.C. Lucas*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon John. B. C.
Lucas .
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our Cir-
cuit Court, on the twenty fifth day of July. at the City 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 Winney
\- - is - plaintiff , and Rufus Petitioner
admrs. are - - - defendants, on the part of the Defendants and -
have you then there this wirt.

*Witness, Archibald Gamble , Clerk of our said circuit Court, at the
City of St. Louis , this twenty sixth day of June -
in the year of our Lord, one thousand eight hundred and twenty six Arch Gamble Clerk, C. C.*

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**Page 12** (1049_012.jpg)
> *Legal Function: Caption*

July Term 1826
Winny
vs
R. Pettibone admrs
for
John Bc Lucas

*For. Defendant July 25th 1826*

*Executed on
John Bc Lucas
on the 14th July
1826 in the city of St. Louis
[illegible]
[illegible]
from [illegible]*

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**Page 13** (1049_013.jpg)
> *Legal Function: Notice of Deposition*

Winny
vs
Livi Pettibone Admr of
Rufus Pettibone deed
Harry vs Same
Malinda
vs
Same
Lorinda
vs
Same
Jinny
vs
Ephraim Musick
Winnetta
vs
Same
To Josiah spalding Esgr, Attorney for the plain
tiffs in the above causes.
You will please take notice, that the said
several plaintiffs, by their agent or attorney, will
attend at the dwelling house of Elias Mitz , in
the beauty of St Louis , 9 or 10 miles from St Louis ,
On Saturday the fifth day of August next, be
tween the hours of 10 Oclock A.M. and six Oclock
P.M. of that day, and then and there take the depo
sitions of witnesses, to be read in evidence on
the trial of the above mentioned causes, on the
part of the plaintiffs, when & where you and
the said plaintiffs, will attend & [illegible] Exam
ine, if you think fit.

*St Louis July the 1826. Bates & Mc Girk
Atto's for Plffs*

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**Page 14** (1049_014.jpg)
> *Legal Function: Caption*

Winny & others
vs
Pettibone & Musick
Notice to take
depositions at
house of E. Mitz
Saturday 5th Augt.

*Received copy of
within 31, July 1826
[illegible] In this case in which
Pettibone alone is con
cerned I acknowledge
this to be a sufficient
service of notice
[illegible].*

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**Page 15** (1049_015.jpg)
> *Legal Function: Subpoena for John B.C. Lucas*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County...Greeting:
You are hereby commanded to Summon John B . C
Lucas
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit Court , on the 29th, day of November at the City 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
Winney vs plaintiff, and
R Pettibones Admrs is defendant, on the part of the
Defendant and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the
City of St. Louis , this 12th day of October
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk, C. C.*

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**Page 16** (1049_016.jpg)
> *Legal Function: Caption*

November Term
1826.
Winney
vs.
R Pettibones Admrs.
subpoena

*for
John B C Lucas
for
Defendant " 29th Nov 1826.*
> *Legal Function: Certificate of Execution*

Executed this notice on B C Lucas Octr. 20, 1826
By reading to him the same
Fee \$50

*[illegible]*

---

**Page 17** (1049_017.jpg)
> *Legal Function: Defendant's Answer*

Winny
vs
Pettibone's admin
and others
and said Levi administrator
of Rufus Pettibone deceased, & said Lanford &
wife come and defend the force and injury
when [illegible]. C. say that they are not guilty
of said trespass, imprisonment wrongs
in manner and form as is [illegible]
them in said declaration and of this they
put themselves upon the Country &C.
[illegible]
[illegible]

---

**Page 18** (1049_018.jpg)
and for afurther plea said Levi administration as aforesaid [illegible] and said
[illegible] and wife say that at the time when [illegible] the said Winny was the
slave of Charles B . Hatton , Owen Wingfield , Isaac Voteau, John Butter
John Whitset ,, Michael Hatton, Michael Landford[?], John whitset
Jr. & Lucinda whitset, to writ at the County aforesaid and that
the said [illegible] trespass [illegible] [illegible] were committed
on said Winny as such slave and not otherwise; and this
they are ready to verify, wherefore they pray judgment &c.

*filed Nov. 29th 1826 A G Clk
[illegible]
atty for plff*
> *Legal Function: Caption*

Winny
vs
Pettibone & others
plea

*filed April 12th
1826
A Gamble clk.*

---

**Page 19** (1049_019.jpg)
> *Legal Function: Subpoena for Joseph V. Garner*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St. Louis County:....Greeting
You are hereby commanded to Summon Joseph [illegible] Garnier
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge of our
Circuit Court , on the fourteenth day of at the City 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
is plaintiff, and Winny
Pettibone adr and others[?] are defendants, on the part of the
Defendants and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at
the
City of St. Louis , this 29th day of Novr
in the year of our Lord, one thousand eight hundred and twenty six A Gamble Clerk, C. C.*

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**Page 20** (1049_020.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Jos N [illegible] Nov. 29, 1826
[illegible] $—50

*[illegible]*
> *Legal Function: caption*

Winny
vs
Pettibone ads and others

*for J. N Garmer
forthwith for
Deft.*

---

**Page 21** (1049_021.jpg)
> *Legal Function: Subpoena for James Richardson*

The State of Missouri ,
County Of St. Louis ,
sct. To the Sheriff of said county—Greeting:
We command you to attach James Richardson
if he may be found within your bailiwick, and bring him forth
with before the judge of our circuit court, now sitting at the city of St .
Louis , within and for the county of St. Louis , then there to answer
unto the State of Missouri , touching a certain contempt by him com
mitted, in not attending as a witness in a case of Winny
plaintiff, and
Rufus Pettibone ads
defendant, on the part of the Defendant
after being legally summoned by the sheriff of the said
county, and have you then there this writ.

*Witness A Gamble clerk of our said court
at the city of St. Louis , this 29th day of November
in the year of our Lord one thousand eight hundred and twenty six
and of our independence the Arch. Gamble clerk*

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**Page 22** (1049_022.jpg)
> *Legal Function: Caption*

Nov Term 1826
Winny
vs
Pettibone ads
attachment for
Jas Richardson

---

**Page 23** (1049_023.jpg)
> *Legal Function: Subpoena for John B.C. Lucas*

The State of Missouri , sct.
County Of St. Louis , To the Sheriff of said county-Greeting:
We command you to attach John Bc Lucas [illegible]
if he may be found within your bailiwick, and bring him forth
with before the judge of our circuit court, now sitting at the city of St .
Louis , within and for the county of St. Louis , then there to answer
unto the State of Missouri , touching a certain contempt by him com
mitted, in not attending as a witness in a case of Winney
plaintiff, and Rufus Pettibones ads
and others defendant, on the part of the Defendants
after being legally summoned by the sheriff of the said
county, and have you then there this writ.

*Witness Archd Gamble clerk of our said court
at the city of St. Louis , this 29th day of Novr
in the year of our Lord one thousand eight hundred and twenty six
and of our independence the A Gamble Clerk*

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**Page 24** (1049_024.jpg)
> *Legal Function: Caption*

St. Louis Circuit Court
Term 182
Winney
vs
Pettibone ads
and others
Attachs[?]
for
Jno BC[?] Lucas
JB C Lucas came into court and the attach
ment was not served.

*[illegible]*

---

**Page 25** (1049_025.jpg)
> *Legal Function: Bill of Exceptions*

St Louis [illegible] [illegible]. Nov. Term
1826.
Winne
vs.
Levi Pettitione Michael Lanford
Theresa his wife and others St. Louis Circuit Court Nov. Term
1826
Be it remembered that on the trial of
this case the plaintiff winne proved that some time about
the year one thousand seven hundred ninety two one John
Whitset came to the now state of Illinois and brought with
him said winne then twelve or fourteen years of age hol[?]
ding her as a slave; also then bringing with him his
son Thomas Whitset then aged about eight years; that
said John resided three or four years at a place in the
now state of Illinois called Whitesides, station and then
removed into Missouri in 1796 where he afterwards died, the said
Winne having all that time been held as slave and
said Thomas having rendered with his father John Whit
set during that time said Thomas also [illegible] with his father
during all the time of said Johns residence in the then
North west Territory [illegible] that [illegible] on the [illegible] morning Whitset was
[illegible] removing to Louisiana the inhabitants of the station talked of [illegible] here from taking plantiff out
of the [illegible] territory. The plaintiff gave nothing for
[illegible] in evidence material to the point of law
raised to the admission of the testimony hereinafter
specified. The defendents then introduced a witness
who stated that he was at Whitesides, station afore
said in the fall of the year 1794 and shortly afterwards
had a conversation with said John whitset, [illegible]
and said John then and there said [illegible]
[illegible] before said John came onto [illegible]
country and while he resided in Georgia he went to Virginia , to see the father in [illegible]
of said John who then [illegible] a deed of gift of said girl Winne
to his son the said Thomas ; and that that was all
the said father in law did for them although his
said John's house had just been burnt down with
his property; and he had thereupon gone to his said father
in laws to obtain assistance. The plaintiff's counsel
moved to exclude the declarations of said Whitset in
relation to the said deed of gift from the counsel

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**Page 26** (1049_026.jpg)
nation of the Jinny: which the court according by
did and decided that the said declarations aforesaid
should not go to the Jury: and they were accor
dingly excluded, To which opinion of the court
the defendants counsel excepted and prayed the
court to sign this his bill of exceptions which
is done accordingly.

*Will : C. Carr*
> *Legal Function: Caption*

Winne
vs Pettibone's admistr & others

*Will . C. Carr*

---

**Page 27** (1049_027.jpg)
> *Legal Function: Order*

Winny a free woman of color
and her three infant children
mentioned in the petition
vs
Charles Rufus Pettibone
Charles B. Hatton
Owen Wingfield
Isaac Voteau
John Butter
John Whitset
Mitchel Hatton &
Michael Sanford legal
Representatives of John Whitset decd[?]
John Whitset and
Lucinda Whitset heirs
of Thomas Whitset deed &
legal representations of John
Whitset decd.
Let the order in this can be made, in the usual forum
that Winny & her children mentioned in the petition
an allowed to sue the above persons for their freedom
as poor persons by their next friend, that they are not
to be removed out of the Jurisdiction of the court, nor
[illegible] to any seventy for having said an amount of
this application, and that they be not debased of
reasonable liberty of attending their counsel, - (accord
ing to the statute of freedom, the new law)
Court assign Bates & Mc Girk as counsel
[illegible] [illegible] in the order, that the Sheriff serve
the defendants with notice of this order.

---

**Page 28** (1049_028.jpg)
Jinny a free woman of color &
Winnetta her infant child
vs
Ephraim Musick
and all the other persons named in Winny's[?] case
except Rufus Pettibone .
Let the order he the same with the addition
that Jinny with her child shall be hired out by
the Sheriff to any person he pleases in the county
for the most he can get till the November Term
of this court, and then from term to term till
the suit is finally decided, and that the Sheriff take
bond from the hirer with good [illegible] in a sufficient sum for the
payment of the hire, and that the hirer shall have
the said Jinny forth coming when and where the
court shall award, and that the hirer allow the
negro liberty of attending her counsel, and that the
Sheriff [illegible] the hire and keep it subject to
the order of the Court
also State in the entry that Bates & Mc Girk assigned by
the Court as counsel by the court
Insert, that the Sheriff serve the defend
ants with Notice of this order.
Make out a copy and hand it to the Sheriff
in both cases and give it to the shff