St. Louis Circuit Court Historical Records Project

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Case Title

Jenny, a free girl of color v. Ephraim Musick, et. al.

Series

Freedom Suits

Plaintiff

Jenny

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)

Musick, Ephraim

Date Filed

1826

Filing Date

1826

Plaintiff’s Attorney

Bates, Edward G.

McGirk, Isaac C.

Farris, Robert P.

Defendant’s Attorney

Spalding, Josiah

Cozens, Horatio

Court Name

St. Louis Circuit Court

Court Term

1825-11

Clerk

Gamble, Archibald

Sheriff

Walker, John K.

Simpson, R.

Trimmonds, L.

Brown, James P.

Sworn Declarant

Martin, Louis

Collard, Francis

Richardson, James

Metz, Elias

Foster, John

Musick, Thomas R.

Martin, Adam Sr.

Martin, Lewis

Metz, Elizabeth

Burkhartt, Joshua

Bellipimme, Alexander

Musick, Robert

Musick, Mel

Musick, David

Simmonds, John R.

Applegate, Daniel

Case Notes

Plaintiff wished to revive judgment awarded her in amount of $85 for damages from trespass and costs because judgment had not yet been executed; defendant could not be found.

Identifier

ccr1826.01051.051

Source

Missouri State Archives - St. Louis

Rights

Public Domain

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Transcription

**Winny et al vs. Pettibone et al**

---

**Page 1** (1051_001.jpg)
> *Legal Function: Notice to Take Depositions*

Winny
vs
Levi Pettibone Admr of
Rufus Pettibone decd
Harry vs Same
Malinda
vs
Same
Lorinda
vs
Same
Jinny
vs
Ephraim Musick
Winnetta
vs
Same
To Josiah Spalding Esqr, Attorney for the plain
tiffs in the about 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 County 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 & there take the depo
sition of witnesses, to be read in evidence an
the trial of the above mentioned causes, an the
part of the plaintiffs, when & where you and
the said plaintiffs will attend & cross exam
ine, if you think fit.

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

---

**Page 2** (1051_002.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 the cases in which
Pettibone above is con
cerned I acknowledge
this to be a sufficient
service of notice

*I. S.*

---

**Page 3** (1051_003.jpg)
> *Legal Function: Affidavit of Louis Martin*

Jinny vs Ephraim Musick
Ss. In the Circuit
Court , in November
Term 1825
Lewis Martin , Sworn in open court, upon
his oath saith, that he was summoned as a
witness in the above named cause, and
that he did attend at this term of this court
as a witness in said cause, the number of
days charged in the within account, and
that he must [illegible] travel the number
of miles in going from his place of Residence
to the place of trial of said cause and re
turning from [illegible] home again, mention
ed in the within account, and that he has
not charged the lies included in his said
amount or any part thereof in any other cause, and further this
affiant saith not.

*St Louis , 21st Decr 1825. Louis Martin Sworn to before me
this 21st day of Decr 1825 A Gamble Clk*

---

**Page 4** (1051_004.jpg)
> *Legal Function: Bill of Costs*

Jinny vs Ephraim Musick .
[illegible] In the circuit
Court of St. Louis
Novr. Term 1825
Parties of in the above cause to Louis Martin Dr
To five days attendance in the above
cause as a witness on part of plff \$2.50
To travelling thirteen going & Thirteen return
ing - from to & from home 26 miles 1.30
\$3.80
> *Legal Function: Caption*

Jinny
vs Musick
Lewis Martin
Witness
Account \$3.80

---

**Page 5** (1051_005.jpg)
> *Legal Function: Notice to Take Deposition*

Jinny, a free woman of color
vs Ephraim Musick ,
Charles B. Hatton & Sally his wife
Owen Wingfield & Sally his wife
Isaac Voteau
John Butter & 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
[illegible]: In the Current
Court of St Louis County
& [illegible] & [illegible]
Action & [illegible],
[illegible] & Battery [illegible].
To Horatio [illegible] Esqr., Attorney
for the defendants in the above name & cause.
Sir: Take notice that the plaintiff in the above
named cause will attend by her attorney or
agent, at the office of Charles B. Rose, a justice of the peace within and for the county of
Pike -- in the village of Bowling green, in the
County of Pike & state of Missouri, on Saturday
the fifth — day of November next, between the hours
of eight o clock A. M. and six o clock P.M. of that
day, to take the depositions of witnesses to be read
in evidence on the trial of the above named
cause on the part of the plaintiff, when &
where you can attend & cross examine if
you choose.

*St Louis , 11 October 1825 E. Bates
Isaac C. Mc Girk
R. P. Harris Atto's
for Plff*
> *Legal Function: Certificate of Service*

On this day Tuesday the 11 October, I served a copy of the
above notice on H. [illegible], at the Clerk's office in St Louis
the copy served was not dated at the foot, as the above, or
elsewhere

*Isaac C. Mc Girk*

---

**Page 6** (1051_006.jpg)
> *Legal Function: Caption*

Notice
Jinny
vs
Eph. Musick and Others
Notice to take depositions
To H. Cogens[?]
To be returned by Shff
Served a copy of the
within notice on [illegible] -
Cogens[?], Tuesday the 11th Octr
1825, at the Clerks Office
in St Louis . the copy
served was not dated at
the foot, or [illegible] as & be-
lieves as is the within

*J. C. McGirk*

---

**Page 7** (1051_007.jpg)
> *Legal Function: Subpoena for Francis Collard, Elias Metz, James Richardson, and Louis Martin*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Frances Collard and Elias Metz -
[illegible] Richardson Louis Martin
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit Court ,
on the Second day of December 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 Jinny
is plaintiff, and Ephraim Musick & others are
defendants on the part of the plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City
of St. Louis , this 22nd day of November in the year of our Lord,
one thousand eight hundred and twenty Five Archibald Gamble Clerk, C. C.*

---

**Page 8** (1051_008.jpg)
> *Legal Function: Certificate of Execution*

Executed on James
Richardson on the 25th
of November 1829.
On Louis Martin , on the
26th of the same month
[illegible]

*On Elias Mitz on the 26th
November On Frances Collard on
28th Novr. 1828 I. P. Brown
Dshff Fees \$2:00*
> *Legal Function: Caption*

November [illegible]
Jinny
vs
E. Musick & others
Subpoena
for
Frances Collard
Elias Metz - 2nd Decr
part of plaintiff

*Jas Richardson &
Louis Martin Bridge*

---

**Page 9** (1051_009.jpg)
> *Legal Function: Notice to Take Deposition*

Jinny a free woman of color
vs
Ephraim Musick and others
Sct.. In the Circuit Court
of St Louis County, March
Term 1826.
To Horates [illegible] Esqr. Attorney for the defendants in the
above named cause. Take notice, that Jinny , the
above named plaintiff will attend, by her attorney or agent
at the dwelling house of John [illegible], in the Town of
Boling green, in the county of Pike , State of Missouri, on
Friday and Saturday the tenth and eleventh days of March
next, between the houses of nine o clock a. m. and five
o clock p. m. of each of said days: Also at the dwelling
house of Willis [illegible] in the County of Pike about
three miles from the Town of Bolling green in the said
State, on the days aforesaid, between houses above [illegible]
tioned, to take the depositions of witnesses to be read in
evidence at the trial of the said cause on the part
of the plaintiff, when and where you or the above
named dependants may attend and cross examine if you
choose.

*St Louis , February the 10th 1826. Edward Bates
Isaac C. McGirk
Attorneys for plff.*

---

**Page 10** (1051_010.jpg)
> *Legal Function: Certificate of Execution*

Served this notice by deliv[?]
ering[?] a copy hereof to him
on the 10th Febr. 1826 in the
city of St St. Louis
Jno. K. Walker Shff
> *Legal Function: Caption*

Jinny vs Musick et al.
To H. Cozun
Notice to take depositions
at Bolling green
To be returned by shff

---

**Page 11** (1051_011.jpg)
> *Legal Function: Subpoena for John Foster*

County Of St. Louis , Sct.
State of Missouri , To The Shefiff Of St Louis County....Greeting:
You are hereby commanded to Summon John Foster
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 sixteenth day of May 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 Jimmy
[illegible] plaintiff ,and Ephraim
Musick is defendants, on the part of the Plaintiff and
have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 27th day of april
in the year of our Lord, one thousand eight hundred and twenty six A Gamble Clerk, C. C.*

---

**Page 12** (1051_012.jpg)
> *Legal Function: Certificate of Execution*

Executed on John Foster on 11th May 1826 in
Ferdinand Township

*For John K. Walker
Shff
Jas P. Brown
Ds Fees - $ - 50*
> *Legal Function: Caption*

March 1826
Jinny
vs
Ep. Musick

*for
John Foster 18th day of May
for Plff.*

---

**Page 13** (1051_013.jpg)
> *Legal Function: Subpoena for Thomas R. Musick, Adam Martin Sr., Lewis Martin, Elias Metz, Elizabeth Metz, Joshua Burkhartt, Alexander Bellipimme and Francis Collard*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St Louis County....Greeting:
You are hereby commanded to Summon Thomas R. Musick, Adam Martin senr.[?]
Lewis Martin (bridge) Elias Mitz, Elizabeth Mitz,
Joshua Burkhartt, Alexander Billipimme and -
Frances Collard .
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 Eighteenth day of May 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 Jinny a
woman of color plaintiff ,and Ephraim Musick
is defendant ,on the part of the plaintiff and
have you then there this writ.

*Witness, Archibald Gamble , Clerk of our Said Circuit Court , at the
City of St. Louis , this 17th day of April
in the year of our Lord, one thousand eight hundred and twenty Six A Gamble Clerk, C. C.*

---

**Page 14** (1051_014.jpg)
> *Legal Function: Caption*

March 1826
Jinny
vs
Ephraim Musick
spa for

*Thomas R. Musick
Joshua Burkhartt
Adam Martin Senr
Lewis Martin (birdge)
Elias Mitz-
Elizabeth Mitz-
Frances Gallard
Alexander Billipimme 18th May next,
for Plff*
> *Legal Function: Certificate of Execution*

Executed on Thomas R Musick , Adam Martin , sent
and Louis Martin on the 15th May 1826 in Louis
County - on first by [illegible] at his place of abode
On two last by reading it to them - Joshua Buch-[?]
hart not found in my county
Service \$1.50
1 non Est 0.12 1/2
1.62 1/2

*Jrs P. Brown D.Shff*

---

**Page 15** (1051_015.jpg)
> *Legal Function: Subpoena for Thomas R. Musick, Joshua Burkhart, Adam Martin Sr., Lewis Martin, Elias Metz, Elizabeth Metz, Francis Collard, Alexander Bellipinne*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Thomas R. Musick, Joshua
Burkhart, Adam Martin, [illegible] Lewis Martin ,
Elias Mitz , Elizabeth Mitz , Francis Collard ,
Alexander Billipinne, 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 twenty first 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 Jinny .
is plaintiff ,and E Musick
is defendant ,on the part of the Plaintiff and
have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 27th day of June
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk, C. C.*

---

**Page 16** (1051_016.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Lewis Martin July 18th on
Adam Martin and Thomas R . Musick on the 21st July
1826. On Francis Collard in the city of St Louis on the 24th July 1826 on Alexander Billeprim on 24th July 1826

*Jno K Wallker Planff[?] fees \$2.50*
> *Legal Function: Caption*

July Term 1826
Jinny
vs.
Ephriam Musick

*for
Thomas R Musick
Joshua Burkhartt
Adam Martin
Lewis Martin
Elias Mitz
Francis Collard
Alexander Billipirne for
Plaintiff
July 25th*

---

**Page 17** (1051_017.jpg)
> *Legal Function: Subpoena for Robert Musick, Mel Musick, David Musick, Daniel Applegate*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St Louis County:....Greeting.
You are hereby commanded to Summon Robert Musick Mel Musick
David Musick Danl Applegate
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 31st day of March 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 Jinny is
plaintiff, and E Musick & others and
defendants, on the part of the Defts and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City
of St. Louis , this 3rd day of February in the year of our Lord,
one thousand eight hundred and twenty six A Gamble Clerk, C. C.*

---

**Page 18** (1051_018.jpg)
> *Legal Function: Caption*

March Term 1826
Jinny
& E Musick & others

*for
Robt . Musick
Mel Musick
[illegible] David Musick
Danl Applegate for Defts
March 31st*
> *Legal Function: Certificate of Execution*

Excuted on
Mr. Musick
on 25 July
1826 in the city
of St. Louis -
on David Musick March
4th - on Robert Musick
March 31st 1826-
Daniel Applegate not
found

*J. K. Walker Shff Service
\$1.50 Non Est
12 1/2 \$1.62 1/2*

---

**Page 19** (1051_019.jpg)
> *Legal Function: Subpoena for Elias Metz*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County...Greeting:
You are hereby commanded to Summon Elias Metts[?]
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 tenth day of August 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 Jinny
is plaintiff, and E. Musick
is defendant, on the part of the Plaintiff and
have you then there this writ.

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

---

**Page 20** (1051_020.jpg)
> *Legal Function: Certificate of Execution*

Executed this
writ on Elias Mitz
on the 29th July 1826[?]
at his place of
residence in St. Ferdinard[?] and Town
ship.
Jno. R. Walker Plff
Fees 50 Cents
> *Legal Function: Caption*

July Term 1826
Jinny
vs
E Musick

*for
& Elias Mett
for Plaintiff*

---

**Page 21** (1051_021.jpg)
> *Legal Function: Subpoena for Robert Musick, Mel Musick, David Musick, Daniel Applegate*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County...Greeting:
You are hereby commanded to Summon Robert Musick, [illegible] Musick,
David Musick, Daniel Applegate.
that setting aside all manner of excuse and delay, that he be and appear in proper person before the Judge of our Circuit
Court , on the 16th day of Augt. 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 Jinny
is plaintiff, and E. Musick and others are 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 27th day of June
in the year of our Lord, one thousand eight hundred and twenty Six. Arch Gamble Clerk, C. C.*

---

**Page 22** (1051_022.jpg)
> *Legal Function: Caption*

July Term 1826.
Jinny
vs.
E Musick .

*for.
Robt. Musick
Mil Musick
& David Musick
Danl Applegate
for Deft
[illegible] 16th Augt.
1826*
> *Legal Function: Certificate of Execution*

served this writ on David Musick on the 14th Augt.
1826 in St. Ferdinand Township
[illegible]

*[illegible] Fees 50 Cents*

---

**Page 23** (1051_023.jpg)
> *Legal Function: Subpoena for Robert Musick, Mel Musick, David Musick, Daniel Applegate, John B.C. Lucas, James Richardson*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of County....Greeting:
You are hereby commanded to Summon Robert Musick - Mel Musick
David Musick - David Applegate- John B .C. Lucas
& James Richardson
that setting aside all manner of excuse and delay, They be and appear in proper person before the Judge of our Cir-
cuit Court, on the 25th 8th day of July August instant 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 Jinny
is plaintiff, and Ephriam Musick
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 3rd day of July August
in the year of our Lord, one thousand eight hundred and twenty Six Archibald Gamble Clerk, C. C.*

---

**Page 24** (1051_024.jpg)
> *Legal Function: Certificate of Execution*

served this writ on [illegible] Musick on the 4 & on James
Richardson on the 5th Augt. Daniel Applegate not found
or JB Lucas[?] on the 16 Augt 1826
[illegible] Musick not found

*Jno K. Walker Shff Fees [illegible] 1.75[?]*
> *Legal Function: Caption*

July Term 1826
Jinny
vs E Musick and others
subpoena for

*Rob Musick
† Mel Musick
†JBC[?] Lucas
Daniel Applegate
† James Richardson
for Defendant*

---

**Page 25** (1051_025.jpg)
> *Legal Function: Affidavit of Ephrain Musick*

Jinny
vs.
Ephrain Musick
Winnetta
vs.
same
St. Louis Circuit Court
Ephrain musick being sworn saith
that before the commencement of this term of said
Court so caused subpoenas were issued for his wit-
ness in above suits & among others for Robert
Musick who is a material witness for deponent
in each of above suits and without whom he
cannot safely go to trial in either of them, that
he supposed said Robert had been summoned
until this day when he learned from Mr Walker
for the first time that said Robert had not been
summoned: that the subpoena except to the hands
of said Theriff Walker and that deponent expects
that he will be able to procure the attendance
of said Robert as a witness at the next term
of this Court.

*Ephrain Musick sworn to in open
court August 21st
1826 A Gamble Clk*

---

**Page 26** (1051_026.jpg)
> *Legal Function: Affidavit*

John Simonds being sworn saith that said Rob-
ert Musick sues in St. Louis County about
twenty five or thirty miles from the City of the Louis, as
I am informed and believe true [illegible]
sworn to and subscribed before me

*21st August 1826
Archibald Gamble Clerk Archibald Gamble Jn Simonds Jr*
> *Legal Function: Caption*

Jinny
vs.
E Musick

---

**Page 27** (1051_027.jpg)
> *Legal Function: Subpoena for John Foster and James Richardson*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon John Foster Jas Richardson
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
Jinny is plaintiff, and
Ephrean Musick is defendant, on the part of the
Plaintiff and have you then there this writ.

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

---

**Page 28** (1051_028.jpg)
> *Legal Function: Caption*

November Term
1826
St. Louis Circuit Court
Jinny
vs E Musick
subpoena for

*John Foster
Jas Richardson
for
Plaintiff Twenty Ninth November 1826*
> *Legal Function: Certificate of Execution*

Executed this writ on James Richardson and
John Foster [illegible] Octr 21 1826 by reading to them
the same

*[illegible] Shfff [illegible]*

---

**Page 29** (1051_029.jpg)
> *Legal Function: Subpoena for Thomas Musick, Joshua Burkhart, Adam Martin Sr., Elias Metz, James Collard, Alexander Bellepimme*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Thomas B Musick Joshua Buckhast
Adam Metts[?], Francis
Collard Alexander Billepinne[?].
that setting aside all manner of excuse and delay, they 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
Jinny is plaintiff, and
Ephram Musick is defendant, on the part of the
Plaintiff 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.*

---

**Page 30** (1051_030.jpg)
> *Legal Function: Certificate of Execution*

Executed the within subpoena on Thomas R
Musick & Adam Martin [illegible] by reading the
same to them this 23rd Oct. 1826.
Executed this subpoena on Lewis Martin Senr by reading the same
to him this 28th of October 1826.
[illegible]
Executed the within writs on Elias Metts[?] by reading
the same [illegible] [illegible] Nov. 1826.

*J C Musick Plff
for [illegible] Shff*
> *Legal Function: Caption*

November Term
1826. St St. Louis Circuit Court
Jinny
vs.
Ephriam Musick

*Thomas B Musick x
Joshua Buckhast x
Adam Martin Senr x
Louis Martin x
Elias Metts[?] x
Francis Collard x
Alexander [illegible] x
for
Plaintiff. Twenty ninth November 1826*
> *Legal Function: Certificate of Execution*

Executed this writ Octr 21, 1826 on Joshua
Buchart[?] by reading to him the same on
Alexander [illegible] Nov 17 - on Francis Collard
Nov 25, 1826 by reading to them the same.
Fees \$3.50

*R. Simpson Shff*

---

**Page 31** (1051_031.jpg)
> *Legal Function: Subpoena for Robert Musick, Mel Musick, David Musick, Daniel Applegate*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon Robert Musick Mel Musick
David Musick , Daniel Applegate .
that setting aside all manner of excuse and delay, they 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
Jinny is plaintiff, and
Ephram Musick 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 twelfth day of October
in the year of our Lord, one thousand eight hundred and twenty six Archibald Gamble Clerk, C. C.*

---

**Page 32** (1051_032.jpg)
> *Legal Function: Caption*

November Term
1826.
St. Louis Circuit Court
Jinny
vs
Ephram Musick
subpoena for

*Robt Musick
Sul Musick
David Musick
Daniel Applegate
for Defendant Twenty ninth November 1826.*
> *Legal Function: Certificate of Execution*

Executed the within subpoena on Robert Musick
by reading the same to him this 3rd November 1826
David applegate not found.
Fees [illegible] 62 1/2

*[illegible]*
Executed this writ on Mel Musick & David Musick
Oct. 21, 1826 by reading to them the same

*R Simpson Shff*

---

**Page 33** (1051_033.jpg)
> *Legal Function: Subpoena for John B.C. Lucas and James Richardson*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St. Louis County...Greeting:
You are hereby commanded to Summon John BC Lucas & James Richardson
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
Jinny - a woman of color is plaintiff, and Ephraim
Musick & others are defendants, 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 21st 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 34** (1051_034.jpg)
> *Legal Function: Caption*

Novr. Term 1826
St. Louis Circuit Court
Jinny vs. E Musick & others

*for J.B.C. Lucas
James Richardson
for deft for 29th Nov.*
> *Legal Function: Certificate of Execution*

Executed this writ on James Richardson Nov. 8th - on John
B .C. Lucas Nov. 16th 1826 in the city of St. Louis
[illegible] \$1.00

*Jn Simonds for D.Shff*

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**Page 35** (1051_035.jpg)
> *Legal Function: Affidavit of Louis Martin*

Jinny
vs
Ephram Musick
Louis Martin a witness in the above case
claims attendance at the July term three days — 1.50
to 26 miles travel at 5 cents per mile — 1.30
Two days attendance Nov. term. — 1.00
26 miles travel at 5 cents per mile — 1.30
\$5.10
The above name Louis Martin being sworn says that he was summoned
in the above case on the part of the plaintiff and that he attended three
days at the July term of circuit court 1826 and two days at the
Nov. term 1826 and that he has traveled the number of miles above
charged in attending court and that he has not claimed attendance
as witness in any other case during the same time

*sworn to before me Nov 30th 1826 A G Clk Louis - Martin*

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**Page 36** (1051_036.jpg)
> *Legal Function: Caption*

Jinny
vs
Ep Musick

*filed Nov. 30th 1826*
> *Legal Function: Caption*

Jinny
vs
Ephraim Musick
Louis Martin - witness \$5.10

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**Page 37** (1051_037.jpg)
> *Legal Function: Bill of Costs*

Jinny a woman of color
vs
Ephraim Musick
[illegible] In the Circuit
Court of St Louis [illegible]
County March Term 1826
Louis Martin
Attendance at Court at this term, in
the circt[?] court, as a witness in the above
named cause, being summoned on the part of
the Plaintiff, five days, at 50 cts per day — \$2.50
[illegible] travelling in going to and returning
from Court to my house in St Louis County
twenty six miles a 5 cts per mile is \$1.30— \$3.80

*Lewis Martin*
> *Legal Function: Bill of Costs*

Lewis Martin sworn in open court says
that he was summoned in the case of
Jinny vs Ephraim Musick , at the present time
of the Circuit Court , in the cause in which
the fees above mentioned are charged, that
he did attend that cause for the number
of days above charged; that he must necessarily travel the member of miles above
charged in going from his plane of residence to the plan of trial, and returning
thence, and that in has not charged the
fees included in his account, above set out,
or any part thereof, in any other cause,
[illegible]which affindent shall be taken

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**Page 38** (1051_038.jpg)
> *Legal Function: Caption*

Jinny
vs
Ephraim Musick
Lewis Martin
Ac - - \$3.80.

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**Page 39** (1051_039.jpg)
> *Legal Function: Caption*

No 15
July Term 1825
Jinny
vs
Epr[?] Musick
affidavit for
Continuance

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**Page 40** (1051_040.jpg)
> *Legal Function: Subpoena for Frnacis Collard and Elias Metz*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St. Louis County...Greeting:
You are hereby commanded to Summon James Francis Collard Elias Metz :
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 31st day of March 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 Jinny is
plaintiff, and E Musick and others
are defendants on the part of the plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City
of St. Louis , this 3rd day of February in the year of our Lord,
one thousand eight hundred and twenty six A Gamble Clerk, C. C.*

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**Page 41** (1051_041.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Elias Mitz on the 20th March by
reading it to him in St. Ferdinand Township On Francis
Collard March 21st in Saint Louis

*Jno K. Walker Sheriff Fees [illegible]*
> *Legal Function: Caption*

March term 1826
Jinny vs
E Musick and others

*for x Francis Collard
x Elias Mitz
for plaintiff March 31st*

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**Page 42** (1051_042.jpg)
> *Legal Function: Affidavit*

Jinny vs
Ephraim Musick
[illegible] being duly sworn saith that
[illegible] management of the said
[illegible] has been confided to him by the
said Musick who has at the distance
of thirty five miles hence and who is
now at the place of his residence that
this affiant believes he has as much of
if not more knowledge of the testimony
[illegible] to the defendant in this
[illegible] defendant himself that
[illegible]
[illegible] Applegate to be an [illegible]
[illegible] for this affiant on the trial of
the said cause, and that the same
facts can be proved by no other witness
that yesterday this affiant was informed
by the sheriff of St Louis county
and believes it to be true that the
said Applegate is still with the
[illegible] that his attendance
cannot be procured, and that this affi

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**Page 43** (1051_043.jpg)
ant believes that the testimony of
the said Applegate can be [illegible]
[illegible] at the next term of this
court
sworn to in [illegible]

*A Gamble Clerk*

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**Page 44** (1051_044.jpg)
> *Legal Function: Subpoena for John Foster and James Richardson*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis , County....Greeting:
You are hereby commanded to Summon John Foster Jas. Richardson
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 25th 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 Jinny
is plaintiff, and E Musick
is defendant, on the part of the Plaintiff and
have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 27th day of June
in the year of our Lord, one thousand eight hundred and twenty six Archd Gamble Clerk, C. C.*

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**Page 45** (1051_045.jpg)
> *Legal Function: Caption*

July Term 1826.
Jinny
vs.
Ephrian Musick

*for
John Poster
Jus. Richardson
for
Plaintiff July 25th.*

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**Page 46** (1051_046.jpg)
> *Legal Function: Subpoena for James Richardson and Louis Martin*

The State of Missouri ,
County Of St. Louis ,
sct. To the Sheriff of said county—Greeting:
We command you to attach James Richardson Louis Martin
if they 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 Jinny is
plaintiff, and Ephrain Musick
is defendant, on the part of the plaintiffs
after being legally summoned by the sheriff of the said
county, and, have you then there this writ.

*Witness Archibald Gamble clerk of our said court,
at the city of St. Louis , this 20th day of December
in the year of our Lord one thousand eight hundred and twenty five
and of our independence the fiftieth A Gamble Clerk*

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**Page 47** (1051_047.jpg)
> *Legal Function: Certificate of Execution*

Executed on
Jinny Martin
& have her
body in court
James Richard
[illegible] not found
[illegible] [illegible]
[illegible]
Fees \$100
> *Legal Function: Caption*

Jinny
vs
Ephrain Musick
for

*James Richardson
Louis Martin Attachment*

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**Page 48** (1051_048.jpg)
> *Legal Function: Subpoena for John Foster, Joshua Burkhart, Martin Douglas*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of Saint Louis County....Greeting:
You are hereby commanded to Summon John Foster ( St Ferdinand )
Joshua Burckhart, Martin Douglass
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit
Court , on the Tenth day of August 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 Jinny is
plaintiff, and Ephraim Musick
is defendant, on the part of the plaintiff and
have you then there this writ.

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

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**Page 49** (1051_049.jpg)
> *Legal Function: Certificate of Execution*

served this writ on John Foster on thur 5th Aug.
fees-50 cts
> *Legal Function: Caption*

St St. Louis Circuit Court
July Term 1826
John Foster
Joshua Burckhart
Martin Douglass
Jinny
vs.
E Musick
[illegible]

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**Page 50** (1051_050.jpg)
> *Legal Function: Subpoena for Robert Musick, Mel Musick, David Musick, Daniel Applegate*

County Of St. Louis , Sct.
State of Missouri , To The Sheriff Of St. Louis County....Greeting.
You are hereby commanded to Summon Robert Musick
Mel Musick, David Musick
Daniel Applegate
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge of our Circuit Court
on the 2nd day of Decr. 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 Jinny
& Winnetta plaintiff, and Eph Musick
defendant, on the part of Deft. and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the City
of St. Louis , this 30th day of Nov in the year of Lord,
one thousand eight hundred and twenty five A Gamble Clerk, C. C.*

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**Page 51** (1051_051.jpg)
> *Legal Function: Certificate of Execution*

Executed this writ on Daniel Applegate & David
musick Dec. 3rd — not executed on the others for
want of time
service \$1,00

*Jn Simonds Jr D.Shff*
> *Legal Function: Caption*

November 1825
Jinny &
Winnetta a
vs
Eph.. Musick

*for
Robt Musick
Mel Musick
& David Musick
& Daniel Applegate 2nd Decr for
Deft*