Milly v. Stephen Smith
Item
Milly V. Stephen Smith. 1827, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60681
- Case Title
- Milly v. Stephen Smith
- Series
- Freedom Suits
- Plaintiff
- Milly
- Defendant
- Smith, Stephen
- Date Filed
- 1827-05-09
- Filing Date
- 1827-05-09
- Plaintiff’s Attorney
- Spalding, Josiah
- Defendant’s Attorney
- Geyer, Henry S.
- Court Name
- St. Louis Circuit Court|Shelby Circuit Court
- Court Term
- 1827-07
- Judge
- Carr, William C.
- Clerk
- Gamble, Archibald
- Justice of the Peace
- Young, James
- Sheriff
- Thompson, John P
- Simpson, Robert
- Simonds, John
- Sworn Declarant
- Shipman, John
- Shipman, Henry
- Gregory William
- Powell, B.
- Knight, George B.
- Levis, Samuel
- Whitaker, James S.
- McKnight, Vergil
- Boyde, William G.
- Camstock, Daniel
- Talbott, Richard C.
- Dillon, Nathan
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Battery
- Case Notes
- Deposition and documents from Shelby County, Kentucky.
- Case Number
- 14
- Identifier
- ccr1826.05534.150
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Milly v. Stephen Smith**
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**Page 1** (5534_001.jpg)
> *Legal Function: Transcript*
Commonwealth, of Kentucky
Shelby Circurt [illegible]
Pleas, held before the honorable Henry ,
[illegible] Judge, of the Shelby, Circut Court
at the cour house in,[?] the town, of [illegible]
on the 23rd day of January 1826...
Pramble
Levin, Cooper Plff
against.
David , Shefman,[?] Defts
In Covenant,
Be it remembered, that hereto,
for to wit, on the 23rd day of January 1826
the plaintiff by his attorney filed herein
the Clerks Office of the Shelby , Circuit Court his declaration is covement
broken; which is in those words, [illegible]. Shelby, Circuit Set, [illegible] Levin,
Cooper Complains of David, Shepard, in custody, &[?] of a plea of
covenant broken, for that whereas the said deft. on the 19th day
of April 1824, at the circuit aforesaid by his certain, Covenant in,
Writing signed with the name and sealed, with the seal, of the
said defendant, which is to the court now here showm, the date
whereof is the same day & year, aforesaid, promised to pay to the
Plaintiff twelve months after the date of said writing, send on, two
hundred fifty Dollars in Commonwealth, Bank, notes, and
the plaintiff [illegible] that the defendant hath, not kept, [illegible] his
Covenant, but hath broken the same in this [illegible] that he
did not twelve, months, after the date of the Covenant, send on
pay to the said plaintiff the said sum of Two hundred &
fifty dollars in Commonwealth Bank, notes, nor hath he at
any time paid to the plaintiff the said sum of Two hundred and
fifty dollars in Commonwealth, bank notes or in any manner
whatever whatever discharge, his said Covenant,. But the same to pay &
discharge the after by the Plaintiff, often, requested, so to do
the said defendant hath hitherto, altogether [illegible] & refused
and still, doth refuse to the damage of the
---
**Page 2** (5534_002.jpg)
> *Legal Function: Transcript*
[illegible] three hundred Dollars, Whereupon he sues [illegible]
Woollock. Pg
Upon which declaration the following [illegible] and
[illegible] was issued to wit, The Commonwealth of Kentucky to the
Sheriff of Shelby County Greeting You are hereby Commanded
to take David Shipman if he be found Within your Bailiwick, [illegible]
and him safely Keep so that you have boddy before the Judge
of our Shelby Circuit court at the Courthouse in Shelbyville on
the first day of Our next February Term, To answer, unto Levin
Cooper of a plea of Covenant broken damaged $ 300
have then there this writ, witness Samuel Trivs clerk of
our said court this 23rd day of January 1826 and in the 34th year of the commonwealth
*[illegible]*
> *Legal Function: Transcript*
[illegible]. This is an action of covenant broken damage
$ 300 no, bail is required
*[illegible]*
> *Legal Function: Transcript*
[illegible] Pg [illegible]
Upon Which the sheriff made the following [illegible] viz; 6 [illegible]
Came to him the 26th day of January 1826 and executed
The 9th day of February 1826 on the within names David
Shipman
*M. G. Boyd Vs. for
Seth Cook S. S. [illegible]*
> *Legal Function: Transcript*
The following is the note upon which this first was inst
ted viz. 6 Twelve months after date for value received
I promised to pay Levin Cooper, two hundred & fifty [illegible]
dollars in Commonwealth bank note witness
my hand & seal this 19th day of Apl 1824.
First Sam. Walters
*David Shipman,*
---
**Page 3** (5534_003.jpg)
> *Legal Function: Transcript*
Judgement
And afterwords To wit, at a Circuit Court continued
and held at the court house in, Shelbyville,, for Shelby County , on Tuesday
27th, June 1826; Came as well the plff. by his atto. as
the Defendant in his own proper, person, Who by consent,
of the plff, and by leave, of the Court, Confess Judgment
for the sum of two hundred & sixty seven dollars & 50 cents
and costs,. It is therefore considered by the Court that the
plaintiff recover against the Defendant the sum of two hundred and Sixty seven dollars & 50[illegible] confessed as aforesaid
and also his cost about his suit herein expended and the
Defendant in [illegible] & [illegible]. and by consent, it is ordered that
notes in the Bank of the Commonwealth of Kentucky , and
its Branches shall be received in discharge of this Judgment.-
Execution
And afterwords towit on the 27th day of July 1826. the following
Execution was issued upon the foregoing judgement, [illegible]
The commonwealth of Kentucky ,, To the Sheriff of Shelby
County Greeting: We command you that of the Estate
of David Shipman late, of your bailiwick, you caused to
be made the sum of Two hundred & Sixty seven dollars and
fifty cents, which Levin Cooper lately, in our Shelby ,
Circuit Court , recovered against him for Damages also
$ 619 [illegible]. which in the Same Court was adjudged to the
said Levin, Cooper for his Costs in that suit expended;
Whereof said David Shipman, is convict, as appear [illegible] to
us of record; and that you have the Same before the judge
of our said Court at the Court house in Shelbyville, on
the rule day day to be held in the Clerks Office
---
**Page 4** (5534_004.jpg)
> *Legal Function: Transcript*
on the Saturday succeeding, the third Monday in September
next,, to render, to the said Levin Cooper at the
damages and costs aforesaid; and have then there, this
writ. Witness Samuel Tevis,, Clerk of our said court
this 27 day of July 1826, and in the 35th year of the
Commonwealth
*Saml. Tevis, [illegible]. [illegible]*
> *Legal Function: Transcript*
[illegible]
I certify that notes and, the Bank of Kentucky or other,
of its Branches, and notes on, the Bank of the Commonwealth
of
Kentucky and its, Branches, will, be received
in discharge of this execution
*Saml Tevis C.*
> *Legal Function: Transcript*
Return
Came to hand the 7th day of August 1826 at 10 Oclock
A. M. Service and [illegible], [illegible] in Bond returned, with
this execution to the Clerks Officer of the Shelby Circuit
Court .
*W. G Boyd D. [illegible]. for Seth, Cook
P.M.*
> *Legal Function: Transcript*
[illegible] Bond
This following is the [illegible] in Bond mentioned in the foregoing
Returns Know all men by these, presents, that we, David
Shipman and Stephen Smith and held, and firmly, bound,
into Levin, Cooper in the Sum of five hundred and Sixty
two dollars, to the payment of which, well and truly to
be made, we bind, ourselves,, our heirs, our executors and
administrators, firmly by these presents, given under our
hands and seals this 21st day of August 1826.
Whereas a writ of [illegible] [illegible] hath issued from the office
of the Circuit Court of Shelby , County , in the name
of said Levin, Cooper against the estate of the above
bound David Shipman, for the sum, of two hundred
---
**Page 5** (5534_005.jpg)
> *Legal Function: Transcript*
and Sixty Seven dollars and fifty cents damages six
dollars, nineteen, cents costs, dated the 27th day of July
1826 [illegible] [illegible] to the September [illegible] of our said
Court next ensuing,, directed to the Sheriff, of Shelby
County , which hath been served, on the Estate of David
Shipman by W.G Boyd, deputy, for Seth, Cook Sheriff
of Shelby County , and the said David [illegible]
prayed, a [illegible], which is granted, him, and his estate,
restored,, on entering into this bond with the said
Stephen
Smith his security: Now the condition of the foregoing
obligation is such, that if the above bound David Shipman
and Stephen Smith or any of them, do well and truly pay
the said Levin, Cooper, the aforesaid Sum of Two hundred
and Sixty Seven dollars, fifty cents damages, six dollars
nineteen cents costs, and Six dollars eighty one cents the
Sheriffs half commission, and fifty cents for taking this
bond, amounting on the whole to Two hundred and Eighty
one dollars within three months from the date hereof,
with Interest thereon at the rate of Six [illegible], [illegible] [illegible]
annum,[?], then this obligation to be void,, else remain in
force and virtue,.
*David Shipman Stephen Smith $ 281.001*
> *Legal Function: Transcript*
[illegible]
W G Boyd, D.S.for
S,.Cook, S.S.C.
Upon which bond the following execution was issued
towit,[?]. The Commonwealth of Kentucky , to the Sheriff of
Shelly County Greeting, We command you that of
---
**Page 6** (5534_006.jpg)
> *Legal Function: Transcript*
the Estate of David Shipman Stephen Smith late of
your bailiwick, you cause to be made the sum of \$562 to be discharged
by the payment of Two hundred and Eighty one
dollars with interest, thereon, at the rate, of six percent,
per annum from the 21st of August 1826. Which Levin,
Cooper lately in our Shelby , Circuit Court recovered
against them for debt, & Interest also [illegible] cents, which
in the same Court was adjudged, to the said Levin,
Cooper for his costs, in that suit, [illegible], whereof
the said David Shipman & Stephen Smith are convict,,
as appears to us aforesaid: and that you have, the same
before the judge of our said Court at the Courthouse,
in Shelbyville,, on the [illegible] day to be held, in the Clerks,
Office, on the Saturday, preceeding,[?] the third monday in
January next, to render, to the sd Levin Cooper of the
Debt,, Interest and costs aforesaid, and have, then their
this writ,, Witness, Samuel Tevis, Clerk of our said
Court, this 24th day of November 1826 and in the
35th year of this Commonwealth.
Execution
*Saml Tevis C.*
> *Legal Function: Certificate*
Commonwealth of Kentucky
Shelby, Circuit, Sct. I Samuel Levis, Clerk of the
Shelby Circuit
Court in the Commonwealth afsd,[?] do certify that the forgoing
six pages inclusive, contain a full, true &, complete transcript, [illegible]
of the record, and proceedings had in the suit, between
the parties therein named as fully as the same [illegible]
of record, in my Office, In Testimony whereof I
have hereto set my hand,, and caused,
the seal of said Circuit to be, hereto affixed,
at Shelbyville, [illegible] this 25th day of November
1826 in the 35th. year of the Commonwealth
*Saml Tevis C.*
---
**Page 7** (5534_007.jpg)
> *Legal Function: Transcript*
Shelby County Court Office Sct.
This mortgage was knowledged before
me in my Office on the 17th, day of October 1826. by
David Shipman & Stephen Smith parties that be
their and [illegible] and [illegible] the [illegible] [illegible] [illegible] recorded,
*Att. [illegible], S.Whitaker,, Ck Shelby County Court ,*
---
**Page 8** (5534_008.jpg)
> *Legal Function: Transcript*
David Shipman
to
Stephen Smith
24. a. Land [illegible]
1826 U. O. Oct. 17th
A & a R
mortgage
Recorded Boch N
page 24[illegible]. Vs.
Examined
[illegible] . Whitaker, [illegible]
Shelby, County Court
(A)
---
**Page 9** (5534_009.jpg)
> *Legal Function: Transcript*
Commonwealth of Kentucky
Shelly Circuiit.
Sct
[illegible] [illegible] [illegible] of the
[illegible] Judges in & for the Commonwealth afore,
said, and, the, presiding, Judge
of the Shilby Circuit , Court , do certify
that the above [illegible] [illegible]
of Samuel Tevis, who is, and was, at, the [illegible]
of said [illegible], the Clerk of the
said court, is in [illegible] [illegible] testimony,
[illegible] whereof I as Judge of said court have,
hereunto, set my hand this 11th day of april 1827.
*Henry Davidge
[illegible] Judge,*
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**Page 10** (5534_010.jpg)
> *Legal Function: Caption*
Levin Cooper
vs. David Shipman
Com Tram
Clerk, fee $ 1.50
[illegible] on sat 50
\$2.00
---
**Page 11** (5534_011.jpg)
> *Legal Function: Plaintiff's Complaint*
St. Louis Circuit Court For the July Term thereof in the year
one thousand eight hundred and twenty
seven
County of St Louis [illegible]. Milly a free mulatto, woman held in slavery & permitted to sue
by Spalding , counsel assigned her according to law, complains of Ste
phen Smith of plea of Trespass. For that the said defendant
heretofore to wit on the first day of January in the year
of our Lord one thousand eight hundred and twenty
seven within the county aforesaid an assault did make
upon said Milly with force & arms, &c., and then and there
beat bruised and ill treated the said plaintiff and then and
there imprisoned her said Milly and kept and detained
her in prison there for a long time to wit for the
space of one month then next following & hitherto,
and said Milly [illegible] that before and at the time of
committing said grievances, she was and still is a
free person, and that said defendant [illegible] held and
detained her and still holds and detains her in slavery.
To the damage, of said plaintiff of five hundred dollars
and therefore she brings her suit, &c.
*[illegible]
for plff*
> *Legal Function: Summons*
[illegible]
County [illegible]
County of St Louis [illegible]
This State of Missouri To the Sheriff of said County Greeting
We command to summon Stephen Smith that he 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 of July next then and there to answer unto Milly a free Mullatto
woman held in slavery who is permitted by the court to sue as a poor
person of a plea of trespass to the damage of said plaintiff of Five hundred
dollars and have your then there this writ
*Witness Archibald Gamble Clerk of our said court
at office this Ninth day of May on the year
1827 Archibald Gamble Clerk*
> *Legal Function: Defendant's Plea*
And the said Stephen by Geyer , his attorney
comes & defends, the force & injury, when, [illegible]
says that, he is not guilty, in manner & form, as
the plaintiff hath above thereof complained
against him & of this the puts himself upon,
the country
*Geyer*
---
**Page 12** (5534_012.jpg)
> *Legal Function: Certificate of Filing*
Plea Filed July 27th 1827
Ag Clerk
Executed this writ on Stephen Smith by reading
to him, the writ, declaration and the order of the
Judge on the [illegible] petition May 9th 1827.
in the city of St Louis
*service \$1.00 [illegible] Thompson*
> *Legal Function: Caption*
No 14 July Term 1827 St. Louis Circuit Court
Milly
vs
Stephen Smith
Narr.
Trespass assault & battery
for freedom.
J Spalding atty
*Filed 9th May 1827 Archibald Gamble Clerk The jury find for
the Defendant M Smith foreman*
---
**Page 13** (5534_013.jpg)
> *Legal Function: Affidavit*
State of Missouri
County
[illegible] Nathan Dillon being sworn saith that he
is acquainted with Milly , Harry , Dick , William, David Shipmen,[?]
& an infant child of said
Milly not having as yet any name who,
are now in the jail of St Louis County and are claimed as slaves,
by one Stephen , Smith and are colored persons,: that
[illegible] [illegible] slaves came to [illegible] County now set off into Farewell, County in Illinois , some
time last fall in company with
David Shipman, their former master, and have
rended there ever since, untill Friday, the 4th of this present
month when they disappeared and this deponent has
since discovered that they were seized and carried away
by one Stephen , Smith , that this deponent saw said
Smith , in said Farewell, County in January last &
heard conversations between him and said David Shipman,
in which said Smith , admitted that he had never
had possession of the black persons above but said
he had a mortgage on them: said Shipman offered
to come to an immediate settlement with him
and would endeavor, [illegible] to pay what might turn out to be due and
said Shipman then and there told, said Smith
that he Smith knew that he Shipman had
property enough remaining in Kentucky , to pay
anything that might be due, him ; to which said
smith made no reply, nor
did he deny, that such was the fact, but said it was
the negros that he wanted. This deponent further saith
that said Smith while at said Peoria , (now) Farewell, County on that
occasion got possession of said negroes, and they were set
at large by some order or proceeding of the Circuit Court said
Smith then left that part of the Country, and as deponent
supposes went to Kentucky , and this deponent saw,
nothing of said
Smith until Tuesday the 8th instant, when
he found him in posssession of said slaves in the City
of St Louis with several other persons apparently assisting him. This
deponent came in prusuit of said smith in conse,[?]
---
**Page 14** (5534_014.jpg)
> *Legal Function: Affidavit*
quence of having heard that he had seized upon said negroes
and carried them away. Deponent says moreover that
said Shipman when he first came to said Peoria
county in Illinois , said that black persons were
free, and that said blacks did countinue to go at
large and act as free persons while they were
there: He says further that said shipman has settled
himself permanently in said Peoria (now) Farewell
county as he said Shipman says; and that this spring
said Shipman [illegible] a farm there and is now at
work there making a crop; and as he said, meant
shortly to go to Kentucky to bring out his wife, De
ponent says, furthermore that, she understand from
both said Shipman & Smith , that said Smith
is the nephew of said Shipman, & was mostly raised
in said Shipmans family; and further, Deponent has
always understood from said Shipman that he Ship-
man has no children, and that therefore he meant his
negroes should be free, said Shipman is an old man
and very weakly and frequently unable to ride said
Shipman has told this deponent that he Shipman was worth
several thousand dollars over and above any debt he
might awe, Deponent furthermore says that he is of opinion
that said pretended slaves will be removed by said Smith
out of the Jurisdiction of this St. Louis Circuit Court unless, he is re-
strained by some process of a Court
*Nathan Dillon Sworn to & subscribed
before me this 9 May 1827.
Will C. Carr*
---
**Page 15** (5534_015.jpg)
> *Legal Function: Plaintiff's Petition for Leave to Sue as a Poor Person*
To the Honourable William [illegible] Carr Judge of the St. Louis
Circuit Court .
The Petiton of Milly a free mulatto woman
Harry Dick a free black man or negro. William a black
negro boy aged about twelve years, David Shipman a Mulatto
boy, aged about three or four years and an infant child of
said Milly represents that your petitioners were heretofore
the slaves of our
David Shipman who, formerly resided
in Kentucky ; that said David Shipman some time
in the fall of the year one thousand eight hundred and
twenty six removed from
Kentucky taking your petition
ers with him & went to the state of Indiana ; that
there said David Shipman about the thirtieth day
of October in the same year executed deeds of emanci-
pation of all your petitioners according to the laws
of that State, that immediately afterwards said Da-
vid Shipman accompanied by your petitioners went
to Farewell County in the State Illinois where he has located himself
has rented, a farm, and has settled there with an in-
tention of residing there and making that place his
permanent residence and domicile: that your peti-
tioners resided in the same place exercising their
freedom without the control of any person, until
some, time in January last when one Stephen
Smith seized your petitioners pretending they were
his property, and attempted to take them away, but
your petitioners were discharged from his custody by
the
Circuit Court , your petitioners were then free
and unmolested, and coutinued to reside with their
late master David Shipman, till the night of the
fourth day of this present month, when they were
again seized by said Smith assisted by others and
---
**Page 16** (5534_016.jpg)
> *Legal Function: Plaintiff's Petition Petition for Leave to Sue as a Poor Person*
violently taken away in the night time, and carried
by compulsion to the
City of St. Louis in the State
of Missouri , To herefore your petitioners say they
are free and pray that they and each of them
may be permitted to sue as paupers to establish
their freedom and that said Stephen Smith who
is now in said City may be made defendant in
said suits; your petitoiners state moreover that none of
them have ever been in possession of said Smith
except as above stated.
*Miley
[illegible] [illegible]
David Shipman
William*
> *Legal Function: Order*
St. Louis County Before William C Carr , Judge of the
St. Louis Circuit Court
at Chambers , this month of may 1827.
On reading the within petition and the annexed affidavit and
being of opinion that said petition contains sufficent matter to
authorize the commencement of suits for freedom in the name
of each person within named claimed as a slave it is ordered that
said Milly , Harry Dick , William & David Shipman be permitted to sue
as poor persons to establish their freedom respectively and that Jo
siah Spalding the assigned as their Counsel. It is further ordered that
the said petitioners have reasonable liberty to attend their said Coun-
sel & the Court when occasion may require and that said
petitioners shall not be taken or removed out of the Jurisdiction
of the St. Louis Circuit Court where said suits are to be com-
menced, nor shall be subject to any severity on account of their
application for freedom, and being satisfied that the said petitioners
are about to be removed out of the Jurisdiction of the St. Louis
Circuit Court it is further ordered that the within named Ste-
phan Smith (who is to be made defendant in said suits
---
**Page 17** (5534_017.jpg)
> *Legal Function: Order*
shall enter into a recognizance with a sufficient security
conditioned that the petitioners shall at all times du-
ring the said suits have reasonable liberty of attending
their Counsel; and that said petitioners shall not
be removed, out of the Jurisduction of said St. Louis
Circuit Court . And it further appearing that
said Smith refuses to enter into said recogni-
zance it is hereby ordered that the Sheriff of St. Louis
County take possession of the petitioners and hire,
them out to the best advantage from time to time
during the pendency of said suits and that he take
a bond from each person hiring any of said
petitioners in the penalty of three hundred dollars
for each person hired out exclusive of the infant
conditions according to law.
Given, under my hand the day &
year above written,
*Will . C. Carr
Judge 3. J. Circuit*
---
**Page 18** (5534_018.jpg)
> *Legal Function: Caption*
14[?] July Term 1827
Petition of Milly & others
to sue for freedom & orders,
thereon
*Filed 9th May 1827 Arch Gamble Clerk*
---
**Page 19** (5534_019.jpg)
> *Legal Function: Notice to Take Depositions*
Milly (a woman of Colour)
vs
Stephen Smith
suit for Freedom in
the St. Louis Circuit Court
David Shipman (Mulatto Boy)
vs
same
Same
Harry Dick (negro man)
vs
same
Same
William/negro Boy
vs
same
Same
The above named Milly - David Shipman
Harry Dick , & William - will take notice
that I shall attend at the house of
Robert Branham in the town of Shelbyville
county of Shelby and State of Kentucky , on the
the twenty seventh twenty eighth and twenty
nineth days of June 1827, and between
the hours of eight of the forenoon and
six of the afternoon of each of those days
take the depositions of witnesses, in each
of the above causes to be read on my
behalf at the trial thereof St. Louis
1st June 1827
*Mathew Smith
by Geyer his
by Geyer his attorney,*
---
**Page 20** (5534_020.jpg)
> *Legal Function: Order*
The sheriff will
serve the within, by
on each of the plaintiffs
and their attorney
Josiah Spalding
Geyer
to be served without,
delay
*I acknowledge service of the
within notice. 1. June 1827 J Spalding ,
atty of plffs*
---
**Page 21** (5534_021.jpg)
> *Legal Function: Writ of Dedimus*
State of Missouri ,
County Of St. Louis , Sct. To any Judge or Justice of the Peace of the
State of Illinois
...Greeting.
We, reposing special trust and confidence in your integrity and circumpsection, do require and command you that you
cause to come before you such person or persons as shall be named to you by Milly her
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court , for the
county of St. Louis , wherein said
Milly is plaintiff and Stephen Smith
is defendant on the part of the said plaintiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City
of St. Louis , this Twentieth day of August in the year of our Lord,
one thousand eight hundred and twenty seven Archibald Gamble Clerk, C.C.*
> *Legal Function: Order*
Milly vs
Stephen Smith
St. Louis Circuit Court
July Term 1827
On Motion of the attorney for the said plaintiff it is ruled that
a Dedimus issue to any Judge or Justice of the peace of the State of
Illinois to take the depositions of witnesses to be read in Evidence
in the trial of the above cause on the part of the said plaintiff
A True Copy of the Order
*Archibald Gamble Clerk*
> *Legal Function: Notice to Take Depositions*
Milly vs Stephen Smith
Suit for freedom in St. Louis Circuit Court
Take notice that on the 27th, & 28th. and 31st
days of this present month & on the 13th, 14th, & 15th and 20th, day
of September next between the hours of eight o clock in the forenoon
and six o clock in the afternoon of each of those days at the
dwelling house of John L . Bogundus in the village of Peoria in
the County of Peoria in the State of Illinois , I shall take the deposition of witnesses to be read on the trial of the above
entitled care on behalf of the plaintiff. August 13th 1827
*To Stephen Smith above deft. Milly by her
attorny J. Spalding*
---
**Page 22** (5534_022.jpg)
> *Legal Function: Caption*
St St. Louis Circuit Court
Milly suing for freedom
vs
Stephen Smith
*Dedimus*
---
**Page 23** (5534_023.jpg)
> *Legal Function: Writ of Dedimus*
State of Missouri ,
County Of St. Louis , Sct. To any Judge or Justice of the Peace of the
State of Kentucky
....Greeting.
We reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by Stephen Smith his
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court , for the
county of St. Louis , wherein Milly is plaintiff and Stephen Smith
is defendant on the part of the said defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City
of St. Louis , this Twentieth day of August in the year of our Lord,
one thousand eight hundred and twenty Seven Archibald Gamble Clerk, C.C. St St. Louis Circuit Court
July Term 1827*
> *Legal Function: Order*
Milly
vs
Stephen Smith
On motion of the attorney for the said Defendant it
is ruled that a Dedimus issue to any Judge of Justice of the Peace of
the State of Kentucky to take the depositions of witnesses to be read
in Evidence in the trial of the above cause on the part of the said
defendant.
*A True Copy of the Orders Archibald Gamble Clerk*
---
**Page 24** (5534_024.jpg)
> *Legal Function: Caption*
S. Smith
> *Legal Function: Unknown*
The execution, of the within,
[illegible] will appear by the J Spalding
of John Shipmen,[?] Henry Shipmen,[?] William ,
Gregory Burns [illegible] [illegible] [illegible] B Knight
\>[?] [illegible] [illegible] S.Wholk[?] geyer[?]
McKnight & William G.Boyd [illegible]
[illegible]
*James Young
J.[illegible] S.C.*
---
**Page 25** (5534_025.jpg)
> *Legal Function: Notice Take Depositions*
Milly
vs.
Stephen Smith
Suit for freedom in St. Louis Circuit Court
Take notice that on the 27th, & 28th and 31st
days of this present month & on the 13th, 14th, & 15th and 20th
day of September next between the hours of eight o clock in the forenoon
and six o clock in the afternoon of each of those days at the
dwelling house of John L . Bogandus in the Village of Peoria in the County of Peoria in the State of Il-
linois, I shall take the
deposition of witnesses to be read on the trial, of the above
entitled case on behalf of the plaintiff. August 13th 1827
To Stephen Smith above deft
*Milly by her
attorney J. Spalding*
---
**Page 26** (5534_026.jpg)
> *Legal Function: Caption*
Milly
vs
Stephen Smith
> *Legal Function: Certificate of Service*
Served a Copy of the within notice on Henry
S.Geyer Aug 22nd 1827 in the City of St , Louis
*Jno Simonds Jr Dpy.[?] Sheriff Service $ 0,50*
---
**Page 27** (5534_027.jpg)
> *Legal Function: Notice to Take Depositions*
Milly (a, woman of color
vs
Stephen Smith
An Action of trespass,
for the recovery of freedom
in the St. Louis Cir-
cuit Court wherein
you are plaintiff and
I am defendant
To the above named plaintiff
Take notice I shall commence, on the first
day of October next to take dippositions of Witnesses
between the hours of eight O clock in the fore
lnoon
and five O clock in the afternoon
of the same day at the office, of George Woolfork
in the town of Shelbyville, State of Kentucky ,
and shall continue to take the same from
day to day untill completed,. Which dippostitions,[?]
will be made, in evidence, in the
suit, now depending in the St. Louis
Circuit Court wherein you are plain-
tiff and I am defendant, at which time
and place, you may attend
if you think
proper,
*Stephen Smith August 20th 1827*
---
**Page 28** (5534_028.jpg)
> *Legal Function: Caption*
Milly
vs S Smith
> *Legal Function: Certificate of Service*
A copy of the within notice was deliverd to Milly a woman
of colour, Augt 21. 1827.
*R Simpson Shf Service, $ - 50.*
> *Legal Function: Certificate of Service*
William
vs
Stephen Smith ,
a copy of notice similar to the within,
was also delivered to
William , a person, of
colour Augt 21, 1827.
*R Smipson Shff [illegible] $ - 50*
> *Legal Function: Certificate of Service*
David Shipman,
vs
Stephen Smith
a copy of notice to take deposition,
similar to the within, was
delivered, to David Shipman, Augt 21, 1827
*R Simpson Shff [illegible] $.50*
> *Legal Function: Certificate of Service*
Harry Dick ,
vs
Stephen Smith
A copy of notice to take
depositions,, [illegible] to the
within undelivered to Harry Dick , Augt 21
1827.
*R Simpson Shff Service $.50*
---
**Page 29** (5534_029.jpg)
> *Legal Function: Depositions of John Shipman, Henry Shipman, William Gregory, B Powell, George B. Knight, Samuel Levis, James S. Whitaker, Vergil McKnight, and William G. Boyde*
State of Kentucky ,
Shelby , County .
Depositions of witnesses, produced sworn, and
examined at the house, of Robert , Breham[?]
Town of Shelbyville, within in the County of Shelby , and
State of Kentucky , before me James , Young
one, of the Justice of the peace, in and, for
the County of Shelby , Commonwealth, of
Kentucky , duly commissioned, and qualif-ied,[?]
as such in a certain, cause, now
depending, in the St , Louis circuit, court
State of Missouri between Milly a woman
of color plaintiff, and Stephen Smith
Defendant. On the part, of the Defendant
John Shipman, of Lawful age
being produced sworn, and examined
on the part, of the Defendant deposith,
and saith. That he has lived a near
neighbour to David , Shipman, who was the
Master, of a colored, slave named Milly
that he is the Brother, of said David Shipman, knows him and all his
slaves, for the last, six years- Milly is
woman above 27 or 28 years of age
yellow complexion, of ordinary, stature,
neat, & cleanly, in her dress, & appear
ance. She had there children,
are above seven years old yellow
complexion. Mary above 5 years
old yellow complexion,- Davy,
above one year or 18 months old yellow
complexion, very, black, & large of
---
**Page 30** (5534_030.jpg)
> *Legal Function: Depositions*
2 his age- In speaking, of the ages I have
refference to the time, they [illegible] my negroe,
[illegible] in the spring, 1836 at which him
they were removed to Balalm[?] County, by
My Brother David , after which time,
I saw them but seldom. I have heard
my Brother David Shipman, say, that
the Deft, Stephen , Smith was found as recently for him for
cause sums, of money, which [illegible]
look peace some shal,[?] him before
he left, Kentucky , with, there slaves
& others,_ He left, the state recently,
having his wife, and son, [illegible]
some, [illegible] behind. It was not known
by me altho, I lived, in, sight, of his
house, when he left, his master. When
he was going nor do I believe, it was
known where he intended, to go. His
deposition destination, was not known when,
after he was gone, some, days _
He was very much underaged.
his land, in my neighbourhood & any,
him sold, under execution a share
are provisions, to his deposition
I also know never the husband, of Milly
above 34 years old about six, feet, high,
yellow complexion, slave baby fellow,
Harry about 17 years old dark,
complexion, above five, foot, 10.or 11
inches, high then [illegible] slavery
when [illegible] or [illegible]_ Belly about 12 or 15 years old dark complexion,
a scar, or his jaw__ boys head_ [illegible]
eyes about five, feet, high then
---
**Page 31** (5534_031.jpg)
> *Legal Function: Depositions*
3 Rany[?] belong to & man in the possession, of
David Shipman when he left Kentucky ,
The said Shipman, left me as his
remedy to pay some debts, of his
The execution which under which his
Land was saved was not satisfied_ Who slaves
was afterwards, taken &[?] sold, which [illegible]
that a ball [illegible] a besides, other judgement,
ought [illegible] David Shipman, to a considerable,
amount,
He Raly[?] that he knows
the hand writing, of the said David he,
has often seen, him with,_ that he,
has examined a mortgage, (Mauli[?] A
this day produced to him Geyer with
the names of David Shipman & J Stephen,
Smith dated, 17 day of October 1826
and on the same day admitted, to
record in the Shelby , County court, as appears
by the certificate, of Ja. S Whelaker[?]
clerk, of said court at the foot, of said
message and he, has no [illegible]
in stating the name of David Shipman, to be [illegible] in, the hand, writing,
of said David - Shipman
*John Shipman,.*
> *Legal Function: Certification*
I James Young a justice, of the peace, in
& for the county, of Shelby State , of Kentucky ,
do hereby behalf certify, that John Shipman,
the deponent was by me, sworn to testify
the whole truth, of his knowledge touching
the matter in controversy in the cause
aforesaid That Deponent was examined
and his examination reduced, to writing,
---
**Page 32** (5534_032.jpg)
> *Legal Function: Certification*
4 and subscribed by said deponent in my presence
on the 10th day of Sept in the year 1827
between the hours of Eight in the forenoon &
six of the afternoon at the hour, of
Balal[?] Brenham[?] in the town of Shelbyville,
in the county of Shelby , state of Kentucky ,
signed, & certified, this 10th day of sept 1827-
*James Young P.S.C*
> *Legal Function: Deposition*
Henry , Shipman of Lawful age
being produced sworn & examined, on the
part of Defendant deposeth,[?] & saith,
he is the nephew, of David Shipman,
he resided, near him for the last, six,
or seven, years of Davids, residence, in
Kentucky .. He knew his slaves- were
Milly was a yellow woman about
27 years old of ordinary size, Neat
& cleanly, in, her dress- He knew her
children Allen Mary , - & Davy,-
He understand Allen &[?] Mary is not
claimed by Smith Davy, is a boy, about
at this time, 2 years &[?] [illegible] twenty old yellow
complexion, well grown& large of his
age. Harry , is about 16. or 17. years old
about 5 feet, 10 or 11 inches, [illegible] dark,
complextion,[?] has an impediment, in
his speach thin, visage,- shows made
Billy is 13 or 15. Years old above 5 feet,
high black complextion,[?]- scar,
on his cheek, or jaw- long
head high foward[?] - full eyes. of
[illegible] and shows his
[illegible] [illegible] when he laughs
---
**Page 33** (5534_033.jpg)
Mary near, six, feet, high yellow [illegible] likely
fellow,. his title, in present in the upper
jaw double Shipman, was much,
underage- his land was sold under exe
cution,[?] a [illegible] [illegible] before he left
Kenty[?] and also a negro, woman, was named
Sarah , & girl, named Eliza , named
in Smiths mortgage, was sold [illegible]
=confine [illegible] & the execution, not, satisfied
There were, other Judgements to a large,
amount and her. One in the name, of
Mrs Cooper one in the name of Sally Rice one in the name, of Manner, of Geo Robertson, & the
bank, besides, others. He held three
negroes in, possession. He left the
State in only- that negro was,
keeping at the same, house, - He
left his wife, & a Will , [illegible]
but, not much. I have seen D.
Shipman, write,- The signature,
of David Shipman, in the [illegible]
dated 17. Oct 1826. & refused to in
Jno Shipman Deft mark A I
know is his Shff hand writing of sd,
David , Shipman, Shipman, a
state have, before he left Kentucky ,
Stated to Mr, Stephen , Smith the
Dsf,[?] was searching, for him & that
Smith , need, not, be searching,
*Henry Shipman*
---
**Page 34** (5534_034.jpg)
> *Legal Function: Certification*
6 I James Young a Justice, of the peace in
& for the county of Shelby , state, of Kentucky ,
do hereby, certify that Henry , Shipman,
was by me, sworn to testify, the, whole
truth, of his knowledge touching the
matter, in controversy, in the cause,
aforesaid that deponent, was examined
and his examination, reduced, to,
writing, and subscribed by said deponent,
in my presence, on the 10th day of sept
in the year 1827 between the hours
of 8 in the forenoon & six of the
afternoon be, the house, of Robert ,
Brenham,[?] in the town, of Shelbyville,
in the county of Shelby , State , of
Kentucky Given &[?] certified, this 10th
day of sept 1827
*James Young P. S. C*
> *Legal Function: Deposition*
William , Gregory of lawful, age,
being, produced sworn, &,[?] produced, in the part,
of the, Defendant deposeth,[?] & saith,
He was, neighbor, to David Shipman,
several, years & was, well, acquainted,
with his negroes - He knew Milly , a yellow
woman aged above 27 - of ordinary, size
[illegible] & gentle, in her appearance and
as a servant, Davy, one, of her, children
was above when he lift her 1826 about
18 months old, well grown, & yellow
in complexion, - Harry dark, complexion, about 5 feet, 10 or 11
---
**Page 35** (5534_035.jpg)
> *Legal Function: Deposition*
7 inches, high, [illegible] made of thin visage,
above, claimed, has a slight, impediment, in
his speech, - Billy , was about 12 or 15
years old, about 5 feet, high Black complex
=ion
scar, on his jaw, thin, face, high
forehead, [illegible] head, full eyes & when he,
laughs, shows, his teeth, very [illegible]
much more the
Husband [illegible] of [illegible] fully yellow about
6 feet, likely, [illegible] looking [illegible] his
teeth, in front, dollar or upper jaw
Sarah , & Eliza , was, sold, under, execution,
Dav, Shipman, was much, [illegible]
Execution, was in the hands, of
the officer, age him when he went
a way - went, off [illegible] - I saw
him, the, day he, stated, but he, did,
not, tell, me, he, having &,[?] leaving,
the state - He left his wife behind,
a very old, woman with no person,
to take, care of by her or attend, [illegible] her
and she was taken care, of by him
Shipman, & myself. The negroes,
above mentioned, were, in the possession,
of David Shipman, and disappeared,
about the time, he, left her, or Shipman
David Shipman, I old now he had
mortgaged, the same negroes, with with knowledge
to the, deft, Smith and
requested, now to go, to Shelby , to exclaim
whether the, mortgage, or a [illegible] execution,
was [illegible]
*William Gregory,*
> *Legal Function: Certification*
I James Young a Justice, of the peace, in, & for,
---
**Page 36** (5534_036.jpg)
> *Legal Function: Certification*
8 Shelby County State of Kentucky , do, hereby,
certify that William Gregory, the deponent
was by me sworn, to testify, the whole truth,
of his knowledge touching the matter
in controversy in the cause aforesaid that
Deponent, was examined and, his
examination, reduced, to writing, and
subscribed, by said, Deponent, in my,
presence, on the 10th day of Sept.1827
in the year 1827 between the hours
of eight in the forenoon & six in
the afternoon at the house of Robert ,
Brenham,[?] in the town of Shelbyville,
in the
County of Shelby ,. State of Kentucky ,
given, & certify the 10th day of September 1827
*James Young J,.P.S.C*
> *Legal Function: Deposition*
Ben, S.Cowell[?] of lawful age being
produced sworn & examined on the part of
Defendant deposith and saith, that he,
lived, near the place David , Shipman,
had removed, some of his slaves to [illegible] know
the woman Molly , about 30. years of
age from her appearance, and yello complex=ion,
of ordinary, size, neat, in her
appearance. Her son, Davy, was above
two, years old light mulattor[?] well
grown of his age- Harry was above
18 years old of common, stature a light black,
slender, made Billy ,- above
15 years old black chunky- a scar
on his face. Shows, much of the white
of his eyes, More the husband,
---
**Page 37** (5534_037.jpg)
> *Legal Function: Deposition*
of Milly was above 35.years old. yellow
six feet, & very, likely,- He Shef Milly ,[?]
when she was away was pregnant _[?] I
think it was in the year, 1826. Shipman,
had three, negros & no others Eliza , &
Sarah , who was taken by the Sheriff & sold,
I knew Shipman, was holding, & secreting,
them slaves for sometime to keep, them,
from being, taken by the sheriff,- Sometimes,
having them in Balalm[?] & sometimes,
in Henry as he could, have, the [illegible]
was shifted from County to county,
He left Kentucky , [illegible] taking with
him Milly , her sons Harry Billy ,- Davy,
& two others named, May & Anne , children
of
Milly - He stated to me them, negroes
now should be taken to pay his debts,
about Shelbyville, if he could help,
it that he would run them to here
first,_ He stated, these negros he had
mortgaged, to the Dft,[?] Stephen , Smith
Be guarded having done, it [illegible] me
to [illegible] he would, endeavor, to
keep, there claim, of the negroes,
if could, by any means,
*Burt G Porrell*
> *Legal Function: Certification*
I Jas, Young a Justice of the Peace in and
for the County of Shelby State of Ky, do certi=
=fy that Burt, G Porrell, the deponent was by me
sworn to testify the whole truth of his knowledge
touching the matter, in controversy in the cause of
---
**Page 38** (5534_038.jpg)
10 that deponent was examined and his examination
reduced to writing_ and subscribed by sd, deponent
in my presence on the 10th day of Septr 1827in
the year eighteen hundred and twenty seven_ be
tween the hours of 8 in the forenoon and 6 of the
afternoon at the house of Robt Benham,[?] in the
town of Shelbyville in the
County of Shelby and
State of Kentucky , given and certified the 10th
day of Septr 1827
*James Young J.P.S.C.*
> *Legal Function: Deposition*
George B.Knight, of lawful age being
produced sworn, & examined on the
part, of Defendant deposith and saith
That he is one of the directors, of the
Commonwealth Bank, of Kentucky ,
& was Director, on the 17. Oct. 1826.
and as Director, of said bank, has the
care of management, of all, were as
of notes in said bank, by person buy
in, Shelby , County_ He states
the said David Shipman was indebted,
to the said bank 17 Oct 1826. And
for a long time, before me thereby the
by note, for about, lon the sum, of above
Eight hundred_ dollars and that, Stephen Smith
the Deft, was his and are in said note,
& execution is now in the hands, of
the officer for said, debt agst said
Smith
*George B. Knight*
> *Legal Function: Certification*
I James Young a Justice, of the peace
---
**Page 39** (5534_039.jpg)
> *Legal Function: Certification*
11 in and for the county of Shelby State of
Kentucky , do hereby certify that Ger.B.
Knight the Deponent was by me, sworn
to certify, the whole truth of his knowledge
touching the matter in controversy in
the cause aforesaid that deponent was
examined and his examination reduced to
writing, and subscribed, by said deponent in
my presence on the 10th day of Sept 1827
between the hours of 8 in the forenoon
and six in the afternoon at the
house of Robert , Benham,[?] in the
Town of Shelbyville in the county of
Shelby State of Kentucky , given and
certified the 10th day of Sept. 1827-
*James Young J.P.S.C.*
> *Legal Function: Deposition*
And the Depositions of all, the witnesses,
produced not being taken for want of
time the meeting, was adjourned, untill,[?]
the 11th of Sept. 1827. when came, again
Stephen Smith the Defendant at the
said house, of Robert Benham,[?] in the,
town, of Shelbyville Shelby County
State of Kentucky , and between the
Hours of 8 in the forenoon and six
in the after noon_ on the said 11th of
Sept 1827. Samuel Kevin_ of lawful
age being produced sworn and examined
on the part, of the Defendant deposith
and saith. That he well knows Stephen
Smith and
David Shipman_ that said
---
**Page 40** (5534_040.jpg)
> *Legal Function: Deposition*
12 Shipman for many years resided in this, Shelby County ,
and ran away from this County in the fall of the
year 1826. That previous to his said Shipmans running
away he owned a number of negroes, all of which
(except two) on the 17th day of October 1826, he mortgaged to Stephen
Smith , which mortgage is now shown, to this affiant,,
marked(Aλ,) and recorded in the Clerks office of the
Shelby , County Court , State of Kentucky . He says he knows
the hand writing of said David Shipman, & the mortgage
now shown, to him marked as aforesaid, is the
said David Shipmans Signature_ after said mortgage
was Executed said Shipman told this deponant that
he had signed & acknowledged it and thereby made
his Slaves liable for the debts, for which said Smith
was security for him & for the money said Smith had
advanced for him & which was due, said Smith
said Shipman secretly removed his negroes from this
County to avoid the debts, he owed, and the
Executions which had issued, upon Judgments against
him, I sent Executions to Gallatin & I
Henry , Counties
for the purpoe of taking them & Caught two of the negroes,
in Henry County, Sarah, & Eliza both of whom
were sold under Execution_ the Judgment
was not thereby satisfied, A large balance of
several hundred dollars yet remains due,
to the Farmers & Mechanics Bank of Shelbyville;
There are other Judgments against said Shipman
in the Shelby , Circuit Court unsatisfied, and
this affiant, has no hesitation, in saying that
---
**Page 41** (5534_041.jpg)
> *Legal Function: Deposition*
13 said Shipman ran away from this County to
avoid the payment of his debts, said Shipman
left his wife here in a helpless, situation, and
this affiant advanced her money to procure, the
necssaries,[?] of life_ Said Shipman left no property
which could be found sufficient to satisfy the
Executions against him_ The negros named
in the mortgage were the slaves of said
David Shipman_ said Shipman told this
affiant that
Stephen Smith was his Security for a
large amount, and this affiant belives from
the Statement of said Shipman that he Shipman
had no means of indennifying[?] said
Smith but,
by Selling the negroes named in the mortgage_
[illegible] and further he saith
not
*Jan. Javis[?]*
> *Legal Function: Certification*
I James Young a Justice of the Peace,
in & for
Shelby county state of Kentucky ,
do certify, that Said James the
deponent was by me, sworn, to testify,
the whole truth of his knowledge
touching, the matter, in controversy,
in the cause, aforesaid that Deponent
was examined, and his examination,
reduced to writing & subscribed, by said
deponent, in my presence, on, the 11th day of Sept 1827 sworn, &[?] certified
the 11th Sept 1827
*James Young J.P.S.C.*
---
**Page 42** (5534_042.jpg)
> *Legal Function: Deposition*
14 James J Whitaker, of Lawful age
being, produced, sworn & examined, on the
part, of the Defendant deposeth,[?] & saith
That, he is, now and was on the 17 Decr
1826 the clerk, of the Shelby , County , Court ,
in the State of Kentucky_ And that as
clerk, of said court, who by law is
[illegible] to & authorized, to renew
& record, [illegible] mortgage_ did take
the acknowledgment of
David
Shipman to a mortgage, signed,
by said D. Shipman, on the 17 Oct 1826
mark (K) and now produced, which
on the same day (my 26. Oct 1826
was after, two being, acknowledged,
by said Shipman before me left
in my office for record &[?] is not
of record, in, my said office
David Shipman stated to me
that the Deft, Smith was bound
for the [illegible] mentioned in,
the mortgage, as his security, And
that he [illegible] to and certify
said Smith as far as he could,
the negros mentioned in the mortgage,
are Mary , Milly , Billy Harry
David, Sarah, &,[?] Eliza , which,
many was funded me, by, David ,
Shipman, who I knew [illegible] than
---
**Page 43** (5534_043.jpg)
> *Legal Function: Deposition*
15 mortgage for him, D Shipman was
much in [illegible] & considerable,
debt, as was, against him,
*Jn T. Whitaker,*
> *Legal Function: Certificate*
I James , Young, a Justice, of the peace for the
County of Shelby , State of Kentucky , do, Certify, that
James , J . Whitaker, the, deponent, was, by me
sworn to testify the whole, truth, of his, know
ledge, touching, the matter, in Controversy, in the
Cause afsd that the, deponent was, examined,
and his examination reduced, to writing, and
subscribed by said deponant in my presence,
on the 11th-day of Sept 1827 Both between,
the hours of 8 in the foreknoon & 6 in the
afternoon at, the, house, of Robert Brenham,[?]
in the town, of Shelbyville, State of Kentucky ,
Given, & Certified the 11th day of Sept. 1827.
*James Young J P S C*
> *Legal Function: Deposition*
[illegible] McKnight , of lawful, age, being
produced, sworn & examined on the, part,
of Defendant deposeth,[?] and saith
that he, knows of said Smith , the
defendant paying offto the sheriff,
of Shelby , [illegible] [illegible] me in
favor of cause [illegible] the other Ptty[?]
---
**Page 44** (5534_044.jpg)
> *Legal Function: Certificate*
16[?] Been House of Wm. [illegible] which [illegible]
amounted to six, hundred, dollars, or thereabouts,
I sued, Executors, issued, from the,
clerks office, of Shelby , Circuit , Court ,
cause [illegible] David Shipman &[?]
the Defendant Stephen , Smith , as
his security I made, the, calculation
and could the money for Sometime
I saw it part. Which pay next,
was made after, D. Shipman
left Kentucky ,
*V. M. Knight,*
> *Legal Function: Certification*
J James Youg a Justice of the Peace
in & for the county of Shelby and Blalm of Kentucky do enlikly that in pas name
of the within armed enough on and notice came
before me at the hour of Robert Brenharm
to the county and State last aforesaid
John Shipman Henry Shipman William
gregory Burr. G. Power and Geo B Knight
on the 10th day of Sept 1829. Whenever on the 11th day of Sept 1827 at the same
place by adjoinment between the hours
of 8 in the morning & 6 in the evening [illegible] yours Ja S Whitaker & Vagil
Mcknyght[?] who was thereby now sworn
and examined and such examination
reduced to writing and subscribed by them
replacing in my presence and then
depositions on now honourable with returns
---
**Page 45** (5534_045.jpg)
> *Legal Function: Certification*
I James , Young, a Justice, of the, peace, in
& for the, county of Shelby , state, of Kentucky ,
do hereby certify, that, Vagil McKnight ,
the, deponent was, by me, sworn, to testify,
the whole, truth of his knowledge touching, the,
matter, in controversy, in the cause,
aforesaid that Deponent was examined
and his examination, reduced to
writing, and subscribed, by said, reformed,
in my presence, on the 11th day of Sept in
the year eighteen hundred twenty seven
between, the hours, of eight in the forenoon,
&,[?] six, of the afternoon at, the house of Robert
Benham,[?] in the town of Shelbyville, in the,
County of Shelby , State , of Kentucky , Given,
& certified, this 11. Sept 1827
*James Young
J.P.S.C.*
---
**Page 46** (5534_046.jpg)
---
**Page 47** (5534_047.jpg)
> *Legal Function: Deposition*
8 14 William S Boyde of Lawfull 17 age being produced and
Sworn and Examined on the part of the Defendant
Deposith and Saith_ that David Shipman
Some time in the year 1826 Called on Stephen
Smith to Replevy two Debts, for him the said
Shipman one in the name of Patty, Rice and
one in the name of Levin Cooper When Said
Debts was Collected amounted to Six hundred
and thirty two Dollars fifty four cents which
I collected, of Said Smith as the Security also
David Shipman, & also, Collected one other,
Execution in the name of Elijah Warner , -
Amounting to thirty eight Dollars 48 Cents
of said Stephen Smith as Security of said Shipman,
Some short time before the above named
Executions Issued from the Clerks office of the
Shelby , Circuit Court said David Shipman,
Ran away, and took with him out of the
County all his negroes, and other property S.
that I was bound as Deputy, sherriff for
Shelby , County to make the amount of
[illegible] Executions out of the Security
Stephen Smith
I have understood that the Debts of Levin, Cooper,
and Patty Rice were Debts Contracted in part
payment for the Negro Woman Milley and her, two
Children
*William G, Boyde,*
> *Legal Function: Certification*
I James Young - a Justice of the peace in & for
the county, of Shelby , State , of Kentucky , do here,
by certify that such William
G. Boyd, the deponant was by, me,
sworn, to testify, the, whole, truth, of his knowl=
edge
---
**Page 48** (5534_048.jpg)
---
**Page 49** (5534_049.jpg)
> *Legal Function: Certification*
18 touching the matter in controversy in,
the cause aforesaid that, deponent was examined
and his examination reduced, to
writing and subscribed, by said Deponent
in my presence, on the 11th day of Sept
in the year 1827- between, the hours
of Eight in the forenoon & six of the
afternoon at the house of Robert ,
Benham,[?] in the town, of Shelbyville,
in the county, of Shelby, State of Ken-tucky,[?] Given & certified, the 11th day
of Sept 1827-
*James Young
J.P.S.C.*
> *Legal Function: Certification*
I James Young a Justice of the
peace in and, for the County of Shelby in
State of Kentucky , do certify that in
presence, of the annexd commission
and notice came before me be the
house of Robert , Benham,[?] in the County
and State last, aforesaid John Shipman
Henry Shipman
William , Gregory,
Burr. S. Cowell[?] and George B. Knight
on the 10th day of September 1827 and
on the 11th day of Sept at the same place
place by adjourment[?] between the hours
of 8 in the morning & six in the evening
Cause James Lewis [illegible] James S. Whitaker,
---
**Page 50** (5534_050.jpg)
> *Legal Function: Certification*
19 Nigul[?] McKnight, &[?] William G
Boyd, who was there, by me, sworn and exami
ned & such examination reduced to,
writing and subcribed by them, respectively,
in my presence, And their depositions,
are now herewith, returned,
Given, at Shelbyville,
in the county of Shelby , & State , of
Kentucky this 11th - day of Sept.
1827 -
*James Young J.P.S.C.*
> *Legal Function: Certification*
It is hereby, certified that the
above named James , Young on the tenth, day
of September in the year of our, Lord, Eighteen
hundred and twenty seven, was and
now is a Justice of the, peace, within
and for the County , of Shelby , in
the State of Kentucky duly commissioned,
and acting as, such, and,
that, full faith, and credit, on due,
to his acts, as such,
In testimony
whereof I James S . Whitaker, clerk, of
the county court, of Shelby , State , of Kentucky
(it, being, a cause, of record) hereunto,
*subscribe, my, name, &,[?] affix the seal, of my,
office this 11th day of Sept. Eighteen
hundred & twenty seven. att Ja S Whitaker clrk*
---
**Page 51** (5534_051.jpg)
> *Legal Function: Writ of Dedimus*
State of Missouri ,
County Of St. Louis , Sct. To any Judge or Justice of the Peace of The state of Indiana
....Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by Milly her,
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court , for the
county of St. Louis , wherein the said
Milly is plaintiff and Stephen Smith
is defendant on the part of the said plaintiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commision enclosed under your
seal, to our said circuit court, with all convenient speed.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City
of St. Louis , this Twenty first day of September in the year of our Lord,
one thousand eight hundred and twenty seven Archibald Gamble Clerk, C. C.*
> *Legal Function: Order*
Milly
vs
Stephen Smith
In Vacation September 21st 1827
Clerk Office of the St. Louis Circuit Court
An application of the attorney for the Plaintiff it is ruled
that a Dedimus, issue to any Judge or Justice of the Peace of
the State of Indiana to take the deposition of witnesses to be
read on the trial of the above cause on the part of the Plaintiff
*Archibald Gamble Clerk*
> *Legal Function: Notice to Take Depositions*
Milly
vs.
Stephen Smith
St. Louis Circuit Court
Take notice that on the 20th, 22nd, 23rd, 29th,
30th & 31st, days of October next between the
hour of nine o clock in the forenoon and five o clock in the
afternoon of each of those days, at the office of Daniel Comstock,[?]
in the village of Madison in the
County of Jefferson
& the State of Indiana , I shall proceed to take the depositions
of witnesses to be read on the trial of above case on behalf
of plaintiff.
*Sept. 22nd 1827. Milly , above plff. To above defendant.*
---
**Page 52** (5534_052.jpg)
---
**Page 53** (5534_053.jpg)
> *Legal Function: Notice to Take Depositions*
St.St. Louis Circuit Court
Milly
vs
Stephen Smith
Take notice that on the 20th, 22nd, 23rd, 29th,
30th & 31st days of October next between the hours of nine
o clock in the forenoon and five o clock in the afternoon
of each of those days, at the office of Daniel , Comstock,[?]
in the village of Madison , in the County of Jefferson ,
& the State of Indiana , I shall proceed to take the dep
ositions of witnesses to be read on the trail of above
case on behalf of plaintiff.
*Sept 22nd. 1827. Milly above plff. To above defendant.*
---
**Page 54** (5534_054.jpg)
> *Legal Function: Caption*
Milly
vs,
Stephen Smith
*notice*
> *Legal Function: Certificate of Service*
Served a copy of the within notice on
Atty, Geyer , Sept 25th 1827 in the
city of S Louis
*Jno Simonds Dp,[?] Sheriff Service \$0.50*
---
**Page 55** (5534_055.jpg)
> *Legal Function: Transcript of Polly Rice vs. David Shipman*
[illegible] 1 Commonwealth of Kentucky
Shelby Circuit Jct[?] Pleas held before the honble,, Henry ,
Davidge Judge of the Shelby Circuit , Court ,
at the Courthouse, in Shelbyville on the
27th. day of June 1826.
Polly Reid,....Plff,
against
David Shipman, Deft
Declaration in Concern
In Government
Be it remembered, that heretofore,
to wit, on the 23rd. day of January
1826 the Plaintiff by her attorney
filed here in the clerks office of the Shelby Circuit Court her
declaration, Which is in these words to wit, "Shelby Circuit Ct
Polly Ried, complains of David Shipman, in Custody &[?] of a
plea of Covenant, broken for that whereas the said defendt,[?]
on the 19th day of April 1824. at the Circuit aforesaid by his
certain covenant, in writing signed. With the name and
sealed with the seal of the said defendant. Which is to the Court,
now here, sworn, the date whereof is the day 1 year last, as,.
promised to pay to the plaintiff Twelve, months after the
date of said covenant, Five, hundred & fifty Dollars in
Commonwealth, bank paper, and the Plaintiff owns that
the defendant hath not Kept, or, performed his Covenant,
but hath broken the same in this [illegible] he did not. twelve,
months after the date of said writing declared on, pay to
the plff, said $ 250. in Commonwealth, bank paper Nor,
hath the said defendant in any manner whatever, paid &
discharged the same or any, part, thereof but the same to pay
the other by the plff requested, so to do, he, hath altogether failed
& refused to the Plaintiff damage $ 300. Wherefore, she sues, &c
*Woolfork, P.Q.,*
---
**Page 56** (5534_056.jpg)
> *Legal Function: Transcript*
[illegible]
2 And afterwards to wit, on the same day &,[?] Year upon which
said declaration was filed, towit on the 23d January 1826 the
following complains [illegible] [illegible] [illegible] together With the [illegible]
therein. Was issued, to wit. The Commonwealth of Kentucky , to the
Sheriff of Shelby , County greeting you are hereby commanded to take
David Shipman if he be found within your bailiwick, and him
safe, keep so that you have his body before the judge of our Shelby
Court at the Court House, in Shelbyville, on the first day of our next
Febuary Term to answer Polly Rice of a Plea of Covenant, Broken
Damage $ 300.00cts and have then there this writ Witness, Samuel
Yevis Clerk of our said Court this 23rd day of January 1826 and
in the 34th year of the Commonwealth Samuel Yevis, C
This is an action of Covenant, broken damage $ 300 &
no bail is required
*[illegible] Woolfork P.q
Lists Sauml. Yevis B Lee*
> *Legal Function: Transcript*
[illegible]
Upon which writ, the Sheriff, made, the following return,
to wit, "Came, to hand the 26th day of January 1826 and
Executed, the 9th day of Febuary 1826. on the Within named
David Shipman
*W. G Boyd Geyer Sith Cook Ssc[?]*
> *Legal Function: Transcript*
[illegible]
The following is the note, upon which this suit when, instituted,
to wit, Twelve, months after date, for value received, I. promise
to pay Polly Rice two hundred & fifty dollars in Common
wealth, bank, paper, witness, my hand, & seal, this 19th day of
April 1824.
*David Shipman seal*
> *Legal Function: Transcript*
Lists Saul. W. Which
[illegible]
Which suit was continued, at the February Term 1826.
And afterwards towit at said Circuit Court contained
held for Shelby County at the Courthouse, in Shelbyville
on Tuesday, the 27th day of June 1826. Came, as [illegible] the
plaintiff by her attorney as the defendant in his own paper
---
**Page 57** (5534_057.jpg)
> *Legal Function: Transcript*
3.[?] person who by Consent, of the Plff & by have, of the Court, Confess,
Judgement for the sum of Two hundred and Sixty seven, dollars
fifty cents, & Costs It is therefore considered, by the Court That the
plaintiff recover against the defendant the sum of Two hundred
and fifty Sixty seven, dollars and 50[?] cents, as aforesaid &
also his costs, by her about her suit herein Expended and the
defendant in money &c. And by Consent it is orderd that notes,
on the bank of the Commonwealth of Kentucky , [illegible] [illegible]
shall be received, in discharge of this Judgement.
[illegible]
And afterwards towit on the 27th day of July 1826. the
following execution together with issued, upon the foregoing Judge=ment,[?]
which together with the Certificate, & return, therein, is in
the words & figures, following towit, the Commonwealth of
Kentucky , to the Sheriff of Shelby County Greeting We, Command
you that of the estates of David Shipman late, of your bailiwick,
You cause to be made the sum of Two hundred & Sixty seven,
dollars and fifty cents, which
Polly Rice lately, in our Shelby
Circuit Court received, against him for damages also $ 6.19 cents,
Which in the same court was adjudged, to the said Polly Rice
for her costs in that suit aforesaid. Whereof the said David
Shipman is Convict, as appears to in of record; and that you
have the same before the Judge of our said Court at the
Courthouse, in Shelbyville, on the rule day to be held, in the clerks
office on the Saturday succeeding, the third Monday in September
next to render, to the said Polly Rice of the damages & costs afsd
and have, then there this writ Witness, Samuel Turis,[?] Clerk of
our said Court. this 27th day of July 1826. and in the 35th,
year, of the Commonwealth
*[illegible] Samuel Yervis, ClCo*
---
**Page 58** (5534_058.jpg)
> *Legal Function: Certificate*
[illegible]
I Certify that notes, on the bank of Kentucky , or within, of its,
branches, and notes, on the bank of the Commonwealth of
Kentucky , or its branches. Will be, received, in discharge of this
Execution
*Samuel . Yervis Clco*
> *Legal Function: Certificate of Execution*
Return
Sheriffs, return towit,[?] came, to hand, the 7th day of August
1826 as 10 Oclock AM. lived & reproved, but returned, with,
this Execution to the Clerks, Office of the Shelby, Circuit Court .
*M G Boyd [illegible]. for with Book ssc[?]*
> *Legal Function: Transcript*
Replevin bond
The replevin bond mentioned, in the foregoing return is in
these, words, towit,[?] Know all men, by these, presents, that, he
David Shipman, and Stephen Smith and held & frimly,[?] bound,
unto Polly Ried, in the sum of five hundred sixty two dollars
to the payment of which well, and truly to be, made we bind
Our selves, Our heirs, Our, Executors, and Administrators firmly,
by these presents - Given, under, Our hands & seals, this 21st day
of August 1826. Whereas a writ, of [illegible] hath issued,
from, the Officer of the Circuit Court of Shelby , County in the name
of said Polly Ried, against the state of the above bound, David
Shipman in the sum of two hundred & sixty, seven, dollars
fifty cents damages six nineteen [illegible], Costs dated the 27th day
of July 1826. Returnable to the September rules, of said Court
next, evening,, directed to the Sheriff, of Shelby , County . Which
hath true lived on the estate, of the said David Shipman by
William G Boyd deputy for with, Cook Sheriff of Shelby , County
and the said David Shipman prayed a replevin which is
granted him, & his estate restored,, on entering, into this bond
with the aid Stephen Smith his Security. Now the
Condition of the foregoing, Obligation is such that if the
above named, David Shipman & Stephan Smith or any of
them, do well, and truly pay the said Polly Ried, the
aforesaid sum of Two hundred & sixty, seven dollars
---
**Page 59** (5534_059.jpg)
> *Legal Function: Transcript*
5. fifty cents, damages Six Dollars nineteen, cents, Costs [illegible]
and six dollars and eighty one cents, the sheriffs, half
commissions, &,[?], fifty, costs, for, taking this writ,, amounting,
in the whole to two hundred & Eighty One dollars within,
three months from the date hereof, With interest, thereon at
the rate, of six, per, centum, per annum, these the above
Obligation be, void, else, remain in full force, & virtue,
*Lists \$281.00 David Shipman M G Boyd Dshff,
Seth, Cook SSC[?] Stephen Smith*
> *Legal Function: Transcript*
Execution
> *Legal Function: Transcript*
And afterwards to wit, on the 24th day of November 1826 the
following Executions issued, upon the foregoing replevin bond towit[?]
The Commonwealth of Kentucky , to the Sheriff of Shelby , County ,
Greeting We, Command, you that of the estate, of David Shipman
& Stephen Smith late, of your bailiwick, you cause to be made, the
sum of \$562. to be, discharged by the payment of Two hundred
and eighty one dollars with interest, thereon at the rate of six per
centum, per annum,[?] from, the 21st day of August 1826. Which
Polly Ried lately, in Our Shelby , Circuit Court received, against her
for debt, & interest, also 70 1/2[?] cents. Which in the same Court,
was adjudged, to the said, Polly Ried for her, costs, in that suit, [illegible]
Whereof, the said David , Shipman & Stephen Smith are Convict, as appe
=ars
to in of record, and that, you, hea,[?] the same before the Judge of
our, said Court at the Courthouse, in Shelbyville, on the next day to be,
held in the Clerk Office on the Saturday succeeding, the third, Monday
in January next to render to the said Polly Ried,, of the debt amt[?]
& Costs aforesaid and have, then there this writ Witness, Samuel ,
Tevis, clerk of Our said court, this 24th day of November 1826 and
in the 35th, year of the Commonwealth
*Samuel Yevis C*
---
**Page 60** (5534_060.jpg)
> *Legal Function: Certification*
I certify that notes, on the bank of Kentucky or other,
of its
branches, and notes, on the bank of the Commonwealth of Kentucky
and its branches, will be received, in discharge of this Execution
*Sameul Yevis C Scc[?]*
> *Legal Function: Certification*
Commonwealth of Kentucky
Shelby, Circuit Sct.
I Samuel Levis, Clerk of the Shelby ,
Circuit Court in the Commonwealth aforesaid do certify that
the foregoing six pages included, contain a full, true, and
Complete transcript, of the record & proceedings, had in the
suit between, the parties, therein, named on fully as the
same remains, of record in my Office, In Testimony
Whereof I have, hereto, set, my hand, &
caused, the seal, of said Circuit Court to be
hereto, affixed, at Shelbyville, this 25th day of
November 1826. & in the 35th Year of the
Commonwealth
*Samuel Levis C*
> *Legal Function: Certification*
Commonwealth of Kentucky
Shelby Circuit.
Sct
Henry , Dawdy[?] one, of the
Circuit Judges in & for the said term,
in [illegible] the, presiding, Judge
of the Shelby Circuit , Court , do certify
that the above allocation of Samuel ,
Tevis, who is, & was, the clerk, of the
said [illegible], the Clerk of the
said court, is in due, form, In
[illegible] whereof I as Judge,
aforesaid have hereunto, set my
hand this 11th day of April 1827.
*Henry Davidge
Ct, Judge,*
---
**Page 61** (5534_061.jpg)
> *Legal Function: Caption*
Polly Ried
vs
David Shipman Jr
Com,
Tran.
*Clerks, fee, - \$1.50 Tax on [illegible] - 50
$ 2.00*
---
**Page 62** (5534_062.jpg)
---
**Page 63** (5534_063.jpg)
> *Legal Function: Depositions of Daniel Camstock and Richard C. Talbott*
Milley
vs
Stephen Smith
Depositions taken in pursuance,
of the annexed, dedimus, and notice on
the 20th day of October in the year one
thousand eight hundred and twenty seven
between the hours, of nine O clock in the
forenoon and five o clock in the afternoon
of said day at the office of Daniel ,
Comstock,[?] in the town, or village, of Madison ,
in the County of Jefferson , - in the State of
Indiana to be to be made in behalf of the
Plaintiff in a certain, suit, pending in
the St. Louis Circuit Court wherein, Milly
is plaintiff and Stephen , Smith , is defendant
before me William G. Wharton Justice
of the Peace
David Comstock,[?] of lawfull age being
sworn, to tell the whole truth, on his oath,
deposith,[?] and saith that there served at deeds,
of emancipation, dated on the 3rd day of
October 1826 and Signed, by
David Shipman
and witnessed by Richard C Talbott, and
John Hamilton one to Henry Deck (a
black man) an other to Moses and
Milly & her, children, and the other to
William (a black boy, were, on the 30th
day of October 1826 duly signed and
acknowledged before me in the County
of Jefferson , & state of Indiana and
that the acknowledgement was for
---
**Page 64** (5534_064.jpg)
> *Legal Function: Deposition*
any thing, that I know or could, discover done
in Good faith, that I was an acting
Justice of the peace in and for said
County of Jefferson , duly commissioned,
an sworn in such and further
saith not
*Sworn to and subscribed
before me this 20th day of
October 1827 W. G. Wharton,
Justice of the peace Dav Comstock,[?]*
> *Legal Function: Deposition*
Richord C Talbott, of lawful age and after
being duly sworn to tell, the whole truth
deposith and saith, that the then several,
deeds, of emancipation, Now here shown him
were, duly signed by David Shipman and
that he discovered, no appearance, of fraud
in the transaction, that one of said deeds,
was for the emancipation, of Henry Dick
(a black man) one for Moses ,, Milly
& her children the other, for William (a
black boy) and that said deeds, of emanci=pation,[?]
are, dated on the 3rd day of
October 1826 and that he thus, deponant, signed,
his name, with one John Hamilton , as -
witnesses to said deeds, of emancipation,
and that the negroes named in said
deeds, were, present in the town of
Madison , County of Jefferson , Indiana ,
and that said David Shipman
then, and there declared, the said
---
**Page 65** (5534_065.jpg)
> *Legal Function: Deposition*
Negroes, to be emancipated, and free
And further, saith, not
*Sworn, &,[?] Subscribed,
to before me this 20th
day of October 1827
W. J. Whalton,[?]
Justice of the Peace Richard Talbott Justice, fees, $ 1.04cts
Record, payment, of
the plff,
W. G. Wharton J. P.*
> *Legal Function: Certification*
The State of Indiana ,
Jefferson , County , Sc
J. Richard, T.
[illegible] Clerk, of the Jefferson , Circuit Court ,
in and for the County, aforesaid do
Certify that William J, Wharton, Esquire,
before whom the foregoing Depositions were,
taken and who has certified the same,
was at the time there of and still is an
acting, Justice of the peace, for the County of, [illegible] duly
commissioned, and sworn and that
full faith and credit, are due, so all his
official acts as such In Testimony, Sheriff of
*I have, hereunto, set, my hand,
and affixed, the seal of
said Court at Madison ,
this 20th day October 1827. R. C Jacobs Clk Clerks for our county by pltff*
---
**Page 66** (5534_066.jpg)
> *Legal Function: Certification*
State of Indiana
2nd Judicial Circuit
Sct
I John F, Ross, presiding judge of
the Circuit Court In the county of Jefferson , in the
Circuit and State aforesaid do certify that Richard
C Talbott, whose signature appears to the foregoing
attestation, is Clerk of said court and that said
attestation, is in due form of law
*Given under My hand and seal
this 23rd day of October 1827. Jno F. Rofs seal[?]*
> *Legal Function: Caption*
Milly
vs
Smith
*opened & filed
Nov 20th 1827 A Gamble
Clerk [illegible]*
---
**Page 67** (5534_067.jpg)
> *Legal Function: Certificate of Service*
W. Chas. Collins, will confer, a favor by handing this
package, to Mr, Gamble on, Josiah , Spalding , Eqr.[?] without
delay.
*Archibald Gamble*
> *Legal Function: Certificate of Filing*
Clerk of the St Louis Circuit
Court
St. Louis
Missouri
*Filed- 26th, October 1827
and opened
same day A Gamble Clerk*
> *Legal Function: Certificate of Filing, part 2*
Milly
vs
Stephen Smith
*Filed-- and opened
26th, October
1827 A. Gamble Clerk*
---
**Page 68** (5534_068.jpg)
---
**Page 69** (5534_069.jpg)
> *Legal Function: Writ of Dedimus*
State of Missouri ,
County Of St. Louis , Sct. To any Judge or Justice of the Peace of The
State of Illinois
....Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by Milly her
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit Court , for the
county of St. Louis , wherein Milly is plaintiff and Stephen Smith
is defendant on the part of the said plaintiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.
*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City
of St. Louis , this 27th day of October in the year of our Lord,
one thousand eight hundred and twenty seven Archibald Gamble Clerk, C.C.*
> *Legal Function: Order*
In Vacation October 27th 1827
Clerks office of the St.St. Louis Circuit Court
Milly
vs
Stephen Smith
On application of the attorney for the plaintiff
it is ruled that a Dedimus, issue to any Judge or Justice of the
peace of the State of Illinois to take the depositions of witnesses
to be read on the trial of the above cause on the part of the
said plaintiff
*A Gamble Clerk A True Copy of the Rule A.Gamble Clerk*
> *Legal Function: Notice to Take Depositions*
St St. Louis Circuit Court
Milly
vs
Stephen Smith
Take notice that on the 12th, 13th, & 19th,
days of November next at the office of John L .
Bogandun[?] in the village of Peoria , in the State of Illinois between
the hours of eight o clock in the forenoon and five o clock in the
afternoon of each of those days, I shall proceed to take the dep-
ositions
of witnesses to be read and the trial of the above enti
tled case on behalf of the plaintiff. Oct. 27, 1827
[illegible] To said Stephen Smith
*Milly said, plaintiff*
---
**Page 70** (5534_070.jpg)
> *Legal Function: Caption*
Milly
vs
Smith
*opened & filed Nov 28th
1827 A G clk*
---
**Page 71** (5534_071.jpg)
> *Legal Function: Caption*
Milly
vs
Smith
*Filed 28th October 1827 A Gamble Clerk*
---
**Page 72** (5534_072.jpg)
---
**Page 73** (5534_073.jpg)
> *Legal Function: Depositions of Absalom Dillon, Thomas Dillon, Gideon Hawley, John Lomers, William Hall, Elijah Lincoln*
State of Illinois ,
Peoria , County Sct
Depositions taken on the fifteenth
day of September in the year of our Lord one
thousand eight hundred and twenty seven
in presence, of and in conformity, with
the annexed, Dedimus, and notes,
between the hours of eight o clock, in
the forenoon and six, o, clock, in the after
=noon of that day at the dwelling,
house of
John L Mayadus[?] in the
village of Peoria , in the county of
Peoria , and state of Illinois , to
be read on the trial of a certain
suit pending in the St Louis Circuit
Court wherein Milly is plaintiff
and Stephen Smith is defe
ndant on behalf of the said
plaintiff before me John l Mayadus[?]
one of the Justices of the Peace, in and
for the County of Peoria , and
State of Illinois , towit,[?]
Abraham , William being duly
affirmed doth say in answer to the
following questions
first
Do or do you not know that David Ship
=man came the Illinois , Prarie[?] in Jaywell[?]
County then Peoria , County state of Illinois ,
for the purpose, of making it his permanent
Residence, and if so at what time did
he move there ? Answer. I belive
---
**Page 74** (5534_074.jpg)
> *Legal Function: Deposition*
to the best, of my knowledge recollection,
and belief, he moved in said prarie[?]
in the month of October or November
1826. and from his conduct and conversation
I understood he intended to make, it
his perminent place of residence
and have never understood that he has
abandoned the same, and verily believe
the same to be his present residence.
Question 2nd.
Do you or do you not know whether
he brought with him to said state and
residence certain black or coloured, persons
if so from what state what were
their names colours ages, and sexes, and
number_ Answer. to the best of my
knowledge recollection and belief the said
David Shipman brought with him from
the State of Kentucky , to his said residence
in said prarie[?] at the time he first
moved there a mulatto, man named
Moses , aged about thirty years. Milly
his the said Moses',[?] wife aged about
twenty six years. Henry a negro boy
of about sixteen years of age. Billy ,
a coloured boy aged about twelve years
David a coloured boy aged about twenty
months and two other coloured & mulatto,
children aged between Eight & twelve years.
Question 3d.
Do or do you not know how long Milly
named in the above answer remained in said
---
**Page 75** (5534_075.jpg)
> *Legal Function: Deposition*
Prarie[?] at said Shipmans, residence. whether
she left there, the time and for or by
what cause. Answer. She left there
the fore part of May 1827. and from
public report verily, believe she was
taken a way by
Stephen Smith and
others in his employ, and at the same
time was taken the other black &
mulatto, persons except, Moses and the
two last mentioned children named in
my answer to the second question
above_
Question 4th
Do or do you not know whether
Stephen Smith the said Milly in
possession. Answer. Some short time
previous to her absence with the
said Stephen Smith or a man by the
name of
Nichols in company, with
Smith and in his presence at the
residence of said Shipman in the
said Prarie ,[?] mentioned that they had
come after the negroes amongst which
was the said
Milly and that they
would be damned if they would not
have them
Questions part and answer by
Thomas Dillon after being duly affirmed,
Queston 1st
Look at the first question proposed
to Absolam,[?] Dillon in the above examination
and say whether, or not you know any
---
**Page 76** (5534_076.jpg)
> *Legal Function: Deposition*
thing in relation to it and if so, what?
Answer. I have seen the question and
answer that I do know that David Shipman
settled in [illegible] or Illinois , Prarie ,[?] as mentioned
above and did, reside, there last winter. and
that said Shipman stated to me that he
intended to remain and reside, permanently, in
this state.
Question 2nd
Look at the Second question proposed
to Absolam,[?] Dillon , in the above examination
and say whether or not you know any
thing in relation to it, and if so, what
Answer I have seen and examined the
said question and my answer is the same
in every part as given by the said Absolam,[?]
Dillon , to the said second question
Question 3rd.
Do you or do you not know whether
Stephen Smith ever had said woman
Milly
in his possession, or any other of the colored
persons with her named in the answer
to the said second question put to Absolam[?]
Dillon . Answer. Stephen , Smith stated
to me on or about the 25th Decbr.[?] last that
he had a mortagage on the said Milly
and the other black, & colored, persons. that
he never had them in possession. that he
never had paid to Shipman any consider=ation,[?]
for, said Mortagage, but that the
mortgage was given by Shipman to
Smith
to [illegible] him Smith for becoming
security, for said Shipman and, that he Smith
---
**Page 77** (5534_077.jpg)
> *Legal Function: Deposition*
had not paid any part of the money
for which he was security
Questions put and answered, by
Gordon , Hawley, after being duly sworn.
Question 1st.
Do you a do you not know that
David Shipman came to the Illinois ,
Prarie ,[?] in this state if so at what
time and who did he bring with him
Answer. I do know that he came
and settled, in that place about the
month of October or November last
past. and that he rented, a farm of
Jesse , Harrison , and I do know that
he brought with him the black and
Coloured persons mentioned in the Answer
of Absolam,[?] Dillon , to the second question
in his interrogation which [illegible] Milly
there mentioned a mulatto, woman. that said
Milly had a child I think in the month
of March, last. And that the said
David Shipman told me he intended to
remain in this state and make, it his
perminent,[?] place of Residence.
Question 2nd.
Did or did not Stephen Smith offer
to David Shipman in your presence to take
Milly and the last, above mentioned child
which she was then wherefor.[?] for the price,
of six hundred Dollars the amount for
which he was Security for said Shipman
Answer he did and offered to [illegible] Shipman from,
---
**Page 78** (5534_078.jpg)
> *Legal Function: Deposition*
that debt for which he was then
bound, for said Shipman.
Question 3rd.
Do you or do you not know when
and in what manner the said Milly
and part of the said negroes left there
Answer. About the 4th of May last Milly , one
of the said Blacks, was at my house
and was to return again the next
day since which I have not seen,
him. the next day several, of the
neighbors, went in pursuit of the
said Smith and others that was said
to be with him who were charged with
having taken Milly and two of her
children and two others that were
not her childern by the name of
Harry , and Billy ,
Question put and Answered, by John
Lowers, after bring duly sworn
Question 1st.
Do you or do you not know that
David Shipman came to the Illinois ,
as said Prarie[?] in this state for the
purpose, of setting. and if so who
and of what discription of persons
came, with him. Answer. I do
know he came there about October
or November 1826 and rented, a farm
and purchased, some Black and said
he intended to spend his days in this
State. and he brought with him the
mulatto, and Black, persons, mentioned in
---
**Page 79** (5534_079.jpg)
> *Legal Function: Deposition*
the Answers of Absolam,[?] Dillon , and the
other above witnesses. that said
Shipman still has on, his said plantation,
in said Prarie ,[?] his stock, and other,
property.
Question put and answered by William
Hall, after being duly sworn.
Question 1st.
Do you or do you not know that
there was a number of black, and mulatto,
persons living, with David Shipman last
winter, at the said prarie,[?] in this state
and if so when and in what manner did
they leave there answer I understood
that there were several Black and mulatto,
persons living, there at that time, &
that they left there the for part of
May last, and by General Report, they
were taken away by Stephen , Smith .
Question 2d.
did or did you not see said Smith
shortly before said negroes, were taken
away & if so what did Smith say
he was after
Answer.
I did not speak, to Smith personally, but
saw him with six, or seven, others about
2 or 3, hundred, yards. from my house, on,
the [illegible]. My family informed me
that Smith stated while at my house, that
he had come to see the Dillons,[?] out about
the blacks. which blacks were taken
away as I was informed and believe on
the same night of the day said Smith
was at my house_
Question 3d.
Do you or do you not verily, believe, from
---
**Page 80** (5534_080.jpg)
> *Legal Function: Deposition*
Every information that Smith and
his associates, took the negroes from
the said prarie,[?] and moved them to St .
Louis in
Missouri . Answer I have
no doubt, of it from every information.
Questions put, and Answered by
Elijah , Lincoln, after being duly
sworn .
Question 1st.
Did you or did you not hear a person,
by the name of Hungs[?] say any thing in
relation to the taking away certain negroes
from the Illinois , Prarie[?] in this state, &
if so what did he state
Answer.
I did see, him in St Clair , County some
time in the month of May or, June,
last, who stated that he had been up
in the quakers, settlement on the [illegible]
after some Negroes that he had got
them to St. Louis and that, they were
taken, from him. that he had been to
Kentucky after some papers. he,
further stated, that himself, and Smith
and some others had been and got the
negroes but that the quakers, would,
not let, them, go. that the quakers
had given a bond for their forthcom
=ing that after they got the bond they
went up and got the Negroes and if
they had not got clear, would have made,
the quakers, pay the bond and they
would have had the negroes also_
---
**Page 81** (5534_081.jpg)
> *Legal Function: Deposition*
and stated, he would be damned if he
would not have them yet.
State of Illinois ,
Peoria , County Sct. I John L Bogardus[?] one of the
Justices of the Peace, in and for said
County do hereby certify that the several,
witnesses above named were severally
duly sworn, and affirmed as there men
-tioned
on the 15th day of September 1827.
Before me
*Wm. Lessguarduz Jus Peace[?]*
> *Legal Function: Certification*
State of Illinois
Peoria , County Ss.
I John Dixon, Clerk of the Circuit
Court in and for the County of
Peoria , do, certify that John L .
Bogardus[?] whose signature appears to
the above certificate was at the date
of the same an acting Justice of the
peace for David County duly Commision
=ed and sworn as such and that full
faith and credit, should be given to
all his official acts as such.
In Testimony whereof I have hereunto
set my hand and affixed my private
seal (no official seal being yet prov
=ided)
this sixth day of October A D 1827
*John Dixon,
Clerk*
---
**Page 82** (5534_082.jpg)
> *Legal Function: Bill of Costs*
Justices fees.
Taking, the within depositions, 32 [illegible] \$4.00
two subpoenas, - - 25
Constable, fees for serving, subpo,[?] - - 2.50
Clerks, fee, for Certificate, - - 50[?]
$ 6.25
---
**Page 83** (5534_083.jpg)
> *Legal Function: Notice to Take Depositions*
St. Louis Circuit Court
Milly ,
vs,
Stephen Smith
Take notice that on the 12th 13th, & 19th, days of November
next at the office of John L . Bogardus[?] in the
village of Peoria , in the County of Peoria , in the State of Illinois , between
the hours of eight o clock in the forenoon and five o clock in the
afternoon of each of those days I shall proceed to take the
depositions of witnesses to be read on, the trial of the above
entitled case on behalf of the plaintiff Oct. 27. 1827
To said, Stephen Smith .
*Milly , said Plff*
---
**Page 84** (5534_084.jpg)
> *Legal Function: Caption*
Milly
vs,
Stephen Smith
*Notice*
> *Legal Function: Certificate of Service*
Served a Copy of the within notice on
Atty H. S. Geyer, October 29th 1827
in St. Louis
*Jn . Simonds for Dp[?] Sheriff Service $ 0.50*
---
**Page 85** (5534_085.jpg)
> *Legal Function: Indenture*
This Indenture, made this 17th day of October
1826 Between David Shipman of the One part
and Stephen Smith of the Other part Witness
-eth
that the said David Shipman for and in
Consideration of the sum of One Dollar to
him in hand paid thereunto, of Which he doth,
hereby Acknowledge hath, Granted, bargained and
sold and by these presents doth, Convey unto the
said Stephen Smith and his heirs, forever a tract,
of land in Shelby , County on Grupers[?] Creek Con
=taining twenty six arms and upon which said
Shipman First and Seventh now stands also,
a negroe man Named Moses , about 30 Years
of age One Woman named, Milly 25 or 6[?] Years
old One child Called, David about 18 months
old, Harry about 16.[?] Years, Bill about 12
or 13 Years old Sarah about 27 Years old,
Eliza about 15 Years old Six head, of horse
One Yolk of Oxen & cart, Ten, head, of Cattle
Thirty head of sheep, thirty, head of hogs, Beds
and furniture household and Kitchen furniture
of every kind farming utensils, & One Clock
To have, and to hold the said land slaves
& Chattels, with their, future increase to him
the said Stephen Smith and his heirs, forever,
And the said David Shipman Covenants, that he,
Will , Warrant the, [illegible] thereof to the said Smith
and his heirs, against the claim, of all persons,
---
**Page 86** (5534_086.jpg)
> *Legal Function: Indenture*
Whomsoever Rendered however subject to the,
following Conditions that is to say that whereas
the above, named David Shipman is indebted,
to the Commonwealths bank in about the
sum of Eight hundred Dollars for which
the, said Stephen Smith is bound as Security,
And, the, said Shipman is also indebted, to the
heirs, of William Cooper in about the sum of
six hundred Dollars for which the said Stephen
is bound as security, in a [illegible] bond,. Also
indebted, to Elijah , Warner , in the sum of about
One hundred and Twenty Dollars. An Execution,
in the name of Wilm[?] for about two hundred
and, forty Dollars for Which sum said Stephen
is, Also, bound, as, Security, And is also indebted,
to the said Stephen in, his own right in about
the sum of two hundred & seven, Dollars due,
by note, Now, the lands, slaves, & Chattels,
aforesaid with their future increase are hereby
declared to be given in Mortgage to, General
star indemity[?] and pay the said Stephen Smith
as security and in his Own right, in the several,
sums of money herein, before enumerated and
mentioned and it is hereby expressly, understood
& agreed, upon between, the parties, that said David
Shipman may and is hereby permitted, to retain,
and keep the possession, of said land Slaves and
---
**Page 87** (5534_087.jpg)
> *Legal Function: Indenture*
other, chattles,[?] with their, future increase and
the use thereof, subject however to the law, hereby
created, and should said Shipman or the said
Smith at any time hereafter be able to effect
a sale of the land. Slaves of or any part
thereof at their fair value,, and apply the
proceeds, thereof to, the payment of the habitations
& Claims, herein, enumerated, or to the discharge
of a Judgment in form of the Farmers, and
Mechanics bank of Shelbyville, against said
shipman that in, such case said Shipman
and Smith Will [illegible] to said, Sale and
make [illegible] to the property so sold in Which
the said Smith , will release, the him hereby
Granted Witness, the hands, & seals, of the
parties, the date aforesaid.
*David Shipman S Stephen Smith
seal*
---
**Page 88** (5534_088.jpg)
> *Legal Function: Certificate of Filing*
Filed 30th October 1827
& opened, same day
A Gamble Clerk
Milley
vs
S. Smith
---
**Page 89** (5534_089.jpg)
> *Legal Function: Transcript*
State of Illinois ,
Peoria , County , Sc.
I John Dixon, one of the Justices,
of the Peace in and for said
County do, Certify that in conformity, with
the requisitions, of the annexed, Dedimus, and
Notice I attended at the office of John L .
Bagardus,[?] in said County on this 19th day
of November 1827. Then came
Nathan
Dillon who being conscienciously[?] scrupulous
against taking any oath, being duly affirm=ed,
saith. That on or about the 8th day
of May 1827 he was in St Louis Missouri
and saw there in the possession, of
Stephen
Smith who this deponent knows four
coloured, persons Milly , William, Harry ,
Dick , & David Shipman. which said colo=ured[?]
persons about that Time brout
Suit against said Smith for freedom
this deponent saw the same, coloured
persons, about Six months previous, to
that time residing in Peoria , County
Illinois , to which place they had been
brought by one David Shipman who
settled there with them this deponent
---
**Page 90** (5534_090.jpg)
> *Legal Function: Transcript*
further says that in conversation with said
Smith a Short time after said Negroes,
came to this place to reside that
Smith
told this deponent that he had a mortagage
or sum on said Negros but that he never
had them in his possession, neither had he
ever paid any money on account of them
and further this deponent saith not
Their came Johnson Summers, who being
concienciously,[?] scrupulous, against taking
an oath who being by me duly affirmed,
saith that on or about the 8th day of May
1827 he arrived in St Louis Missouri in
pursuit of four Negros said to have been
kidnaped from this County on or about
the 4th day of May 1827 their, names were
Milly William Harry , Dick and David Shipman
that on said day he saw said Negros in
possession of Stephen Smith and further
that said Negros, brought suit for
freedom against said
Smith on or
about the same time in St Louis Missouri
and further this deponent saith not.
---
**Page 91** (5534_091.jpg)
> *Legal Function: Transcript*
Also at the same time and place,
came Sammuel Woodrow, who being by me,
duly sworn saith, that on or about
the 4th day of May 1827 he left home in
pursuit, of four Negros said to have
been stolen, that their names were Milly ,
William,
Harry Dick & David Shipman
that on or about the 8th day of the same
month he saw said Negros in possession
of Stephen , Smith , against whom said
Negros brought suit for freedom in
the St louis Court. and further this
deponent saith not. affirmed and Sworn before
me
*State of Illinois
Peoria County Ss.*
*John Dixon, Justice,
of the Peace*
---
**Page 92** (5534_092.jpg)
> *Legal Function: Certification*
State of Illinois ,
Peoria , County Ss.
I John Dixon, Clerk of the
Circuit Court in and for
the County of Peoria , do
certify that John Dixon, before whom
the within and foregoing depositions
were taken is now and was at the date
of the cause, am acting, Justice, of the Peace,
duly Commissioned and sworn as such,
In Testimony whereof I have hereunto set
my hand and affixed, my private seal
no Official seal being yet provided
this Nineteenth day of November A.D.
1827
*John Dixon,
Clerk*
---
**Page 93** (5534_093.jpg)
> *Legal Function: Certificate of Filing*
St. Louis Circuit Court
Milly , & others
vs
Stephen Smith
Depositions
*Archibald Gamble Esq, Clerk of the Circuit Court
St. Louis
Mo. signed & filed Nov 28th 1827 A G Clk*
---
**Page 94** (5534_094.jpg)
---
**Page 95** (5534_095.jpg)
> *Legal Function: Memorandum in Opposition to Testimony of Witness*
Milly
vs,
Stephen Smith
Reasons for rejecting, testimony of
of witneses on behalf of defendant.
1st. no legal notice was given of the taking of them.
2. They were not taken at the time & place
for which notice was given.
3. They are not sufficiently authorized: the
official character of the person before whom
they were taken is not shown
4. The testimony therein is incompetent
and the witnesses were interested.
*Marquis. [illegible] Atty*
---
**Page 96** (5534_096.jpg)
> *Legal Function: Certificate of Filing*
Milly
vs
Stephen Smith
reason for ex-
cluding depositions
*filed Nov 28th
1827 A G Clk*
---
**Page 97** (5534_097.jpg)
> *Legal Function: Bill of Exceptions*
Milly
vs
Stephen Smith
And the said Stephen by
his Counsel Except to the depositions
taken in said cause on the part, of said
plaintiff for the following reasons,
1st. That there was no notice given
of the time, and place of taking said
depositors
2nd The said depositions are not
certified by the said justice accord=
ing to Law.
3rd The said depositions and the cer=
tificate
as to the official character
of the person before whoever they
were taken are illegal, informal and
insufficient
*Marquis
Atty
for deft,*
---
**Page 98** (5534_098.jpg)
> *Legal Function: Certificate of Filing*
Milly
vs
Smith
*filed Nov 29th 1827 A. G Clk*
---
**Page 99** (5534_099.jpg)
> *Legal Function: Affidavit of Archibald Gamble*
Sworn to subject on this 7th Decr 1827 A Gamble Clerk and he saith, further that in order to obtain
testimony in these cases, he has been compelled
& in order to obtain the depositions on the sub-
jects above mentioned, he will be compelled to
consult with said David Shipman who emancipated, said plaintiffs & befriends them in these suits,
& is, as deponent understands acquainted, in said
Shelbyville, that said Shipman, the last this deponent
heard of him, was in Indiana and that by this
time he is probably in Tazewell[?] County Illinois , where
he resides, as deponent understand which is
at the distance of about near two hundred miles from
this place as he informed Deponent never saw said Shipman but
has received letters from him in relation to the plain-
tiffs
claim.
*Sworn to and subscribed in open Court
before me this 8th December 1827 Archibald Gamble Clerk J. Spalding*
---
**Page 100** (5534_100.jpg)
> *Legal Function: Unknown*
Decm[?] 7th 1827
Simon Philipson
vs
Nancy Baty Gats
Decmr[?] to 1st Court
& plea, to second
Milly ,
vs,
Smith
affidavit, filed
Decr 10th 1827
*[illegible] A Gamble
clk*
---
**Page 101** (5534_101.jpg)
> *Legal Function: Transcript*
St. Louis Circuit Court March Term 1828
Milly suing for freedom
vs.
Stephen Smith
Be it remembered that on the trial
of this case the plaintiff Milly proved that on the
thirtieth day of October in the year eighteen hundred
and twenty six, one David Shipman who had been
her owner & had been in possession of her for sev-
eral years inin the State of Kentucky went with
the said plaintiff in his possession to Jefferson County
County in the State of Indiana and there duly
executed the deed of emancipation hereinafter set
forth & acknowledged the same before a Justice of
the peace in said last mentioned State, the said
Milly being present at the excecution of the
same deed: which said deed of emancipation
includes said Milly as one of the persons therein
set free, and is in the words & figures following
(here set out the deed of emancipation) That immediately af
terwards said David Shipman carried said Milly
to Peoria , County in the State of Illinois , where
he (said Shipman) settled,, hired a farm & stocked the same declared
that he meant to reside there permanently & has
ever since resided there & kept, said Milly there: that said Milly resided there
with him from October or November in eighteen hundred twenty six
to sometime in May eighteen hundred twenty seven
at which time the defendant came thither &
took said Milly secretly, against her consent & the consent of said Shipman & brought her to St. Louis where
the present suit for freedom was commenced
---
**Page 102** (5534_102.jpg)
> *Legal Function: Transcript*
The defendant then proved that on the seventeenth day of Oc-
tober eighteen hundred twenty six said Shipman then being a
resident of Kentucky & owning & possessing said
Milly , executed the following mortgage which em-
braces said Milly among other property enumerated
therein viz: (here set out the mortgage to Smith )
that soon after executing said mortgage said
Shipman who was greatly embarrassed, took the
said
Milly with several other of his slaves and
went secretly, ran away, with them to Indiana ,. Defendant likewise proved that
as security for, said Shipman, & after said deed, of emancipation was executed he he paid to the
Sheriff who had executions against him, the
claim of Levin Cooper & the claim of Polly Rice,
mentioned in said mortgage amounting to the sum,
of six hundred thirty two dollars, fifty four cents, said ex-
cutions having issued after said Shipman had carried said Milly
into Indiana.
It was proved that Smith never
had possession of said Milly till May in eighteen hundred twenty seven
aforesaid when he went to Illinois & carried her
away as above setforth; and that said Ship-
man had always had possession of her during a
period of several years till said last mentioned
time.
No other testimony material to the points of
law raised by the instructions was given on either side.
---
**Page 103** (5534_103.jpg)
> *Legal Function: Transcript*
The plaintiffs counsel then asked the Court to in-
struct the Jury as follows. (here set out instructions
asked for by plffs, counsel) Which instructions and
each of them the Court refused to give and then
proceeded did to instruct, the Jury as follows (here set out
the instructions marked A at the top) to which last in-
structions & giving the same the plaintiffs Counsel
excepted: & likewise excepted to the Courts refusal
to give the instructions before set forth herein asked
by him, and the Court being prayed to sign and
seal this the plaintiffs bill of exceptions the
same is done accordingly.
*Will . C. Carr ,*
---
**Page 104** (5534_104.jpg)
> *Legal Function: Certificate of Filing*
Milly
vs,
Stephen Smith
Bill of Exceptions
*filed 4th April 1828 Archd Gamble Clerk*
---
**Page 105** (5534_105.jpg)
> *Legal Function: Affidavit in Support of Appeal*
Milly suing for freedom
vs.
Stephen Smith
St. Louis Circuit Court
The above named Milly plaintiff in
said suit being sworn on her oath saith, that the
application for an appeal in said cause made by
her is not made for the purpose of vexation or delay
but because the affiant verily believes she is aggriev-
ed by the Judgment in said case; in which case she
has prayed an appeal: and further saith not.
*Sworn to and subscribed before me
this 31st day of March 1828 Archibald Gamble Clerk Milly her +
mark*
---
**Page 106** (5534_106.jpg)
> *Legal Function: Certficate of Filing*
Milly
vs.
Stephen Smith
affidavit for appeal
*Filed 4th April 1828 Arch Gamble Clerk*
---
**Page 107** (5534_107.jpg)
> *Legal Function: Motion for Appeal*
In the Supreme Court of March Term
-1828-
Milly suing for freedom
vs.
Stephen Smith
And now at this day comes, the said Milly
the Appellant by J. Spalding her Attorney and says
that in the record and proceedings aforesaid and in the
rendition of Judgment aforesaid there is manifest error in this towit: that by the record aforesaid it appears that
Judgment is given for the said Stephen Smith whereas
by the law of the land it ought to have been given for
the said Milly and against the said Stephen ; and
there is also error in this towit that said Circuit Court
refused to give to the Jury the instructions and each of
them which were prayed for by said Milly . Whereas by
law said Circuit Court should have given each of said
instructions; and there is error in this towit that the
Court instructed the Jury in such manner and form as
appears by the bill of exceptions, that said deed of emancipa
-tion was void and that the said Milley could not
become free by her residence in Indiana & Illinois
unless, Smith assented to the removal of said Milly thither
which last mentioned & referred to instructions ought
not by the law of the land to have been given, and so
said Judgment is erroneus. And said Milly prays that
the same for these and other errors in the record, and
proceedings aforesaid may be reversed & for naught
held & said Milly may be restored to all things which
she hath lost by reason of said Judgment
*J. Spalding
for Appellant In nullo est. erratum
Geyer*
---
**Page 108** (5534_108.jpg)
> *Legal Function: Order for New Trial*
Missouri of Supreme Court 3rd Judical Circuit
May Term -1828-
Milly
vs.
Stephen Smith
Error from St. Louis Circuit Court
Now at the day towit. May the Eighth day in the year
Eighteen hundred and twenty eight come the parties aforesaid by their respective attornies, and after hearing the arguments of Counsel the
Court not being sufficiently advised of and concerning the premises
and what Judgment to give take time to consider
And afterwards towit at the same time of the said Court,
on the thirteenth day of the said month of May came again the
parties aforesaid by their respective attornies aforesaid and the court here
being sufficiently advised of and concerning the promises consider
that the Judgment aforesaid in form aforesaid by the said Circuit
Court rendered for recovered and for ought held and returned and it
is ordered that the said case be [illegible] to the said Circuit Court for
a new trial in conformity with the opinion in this case And it is
further considered that the said plaintiff recover against the said Stephen
Smith her costs, and charges in the prosecution of this writ of error and
that she have thereof execution.
---
**Page 109** (5534_109.jpg)
> *Legal Function: Caption*
Supreme Court
May Term 1828.
Milley
vs.
Stephen Smith
[illegible] of [illegible]
of
Judgment
---
**Page 110** (5534_110.jpg)
---
**Page 111** (5534_111.jpg)
> *Legal Function: Opinion*
Milly a woman of Color
vs
Stephen Smith
Appeal from St. Louis Cir. Court
This was action of trespass &c. under,
the Statute, brought by Milly the Apps. against Smith the
apple. to establish a right to freedom. The appellee pleaded
the general issue. Judgment was entered for the Appellee. From which the appellant appeals to this Court.
The facts proved at the trial one, that David Shipman
a resident of
Kentucky owned and was in possession, of the
appellant as a slave, that on the 17th. of October 1826 while
residing in Kentucky he executed a deed to said
Smith of
which a Copy is here given, noz[?]. "This indenture, made
this 17th. day of October 1826 between David Shipman of the
one part and Stephen Smith of the other part witnesseth[?]
that the said David Shipman for and in consideration of
the sum of one dollar to him in hand paid the [illegible] of
which he doth hereby acknowledge hath granted bargained
and sold and by these presents doth Convey unto the said
Stephen Smith and his heirs forever a tract of land in
Shelby County on Guess's Creek containing 26 acres upon
which said Shipmans grist and saw mill now stands
also a Negro man named Moses about 20 years of age, one
woman named Milly about 25 or 6 years old, one child
called David about 18 months old, Harry about 16 years
Bill about 12 or 13 years old.
Sarah about 27 years old,
Eliza about 15 years old six head of horses one yoke of
Oxen & Cart, ten head of Cattle, 20 head of sheep, 20 head of
hogs, beds &,[?] furniture, household and Kitchen furniture
of every description, farming utensils and one Clock.
So have and to hold the said land, slaves & Chattels
---
**Page 112** (5534_112.jpg)
> *Legal Function: Opinion*
with their future, increase to him the said Stephen Smith
and his heirs forever, and the said David Shipman
Covenants, that he will warrant the title thereof to the said
Smith and his heirs against the claim of all persons what
-soever, rendered however subject to the following condi-
-tions that is to say that whereas the above named
David Shipman is indebted, to the Commonwealths Bank
in about the sum of eight hundred dollars for which the
said Stephen Smith is secured as security and the said
Shipman is also indebted to the heirs of William Cooper
in about the sum of six hundred dollars for which said
Stephen is bound as security in a replevin bond, also
indebted to
Elijah Warner in about the sum of one hun
-dred dollars and twenty dollars an execution in the
name of Helen for about one hundred & forty dollars
for which sums said Stephen is also bound as security
and is also indebted to said Stephen in his own, right
in about the sum of \$20 [illegible]. due by note. Now the lands
Chattels and Slaves aforesaid with their future increase
are hereby declared to be given in mortgage to secure
save, indemnify and pay the said Stephen Smith as security
and in his own right in the several sums of money, herein
before enumerated and mentioned, and it is hereby express
-ly
understood and agreed between the parties that said
David Shipman may and is hereby permitted to retain and
keep possession of the said land and Slaves and other
Chattels with their future increase and to have the use
thereof subject however to the lien hereby created and should
said Shipman or the said Smith at any time hereafter be able
to effect a sale of the land slaves & or any part of their fair value
and apply the proceeds thereof to the payment of the liabilities
and claims herein enumerated or to the discharge of a
---
**Page 113** (5534_113.jpg)
> *Legal Function: Opinion*
Judgment in favor of the Farmers and Mechanics bank of
Shelbyville against said Shipman, that in such case said
Shipman and Smith will consent to said sale and make
title to the property so sold, in which title said Smith will release the lien hereby created “Witness &c” the deed is signed
by both parties. This instrument of writing, was recorded in
Shelby County [illegible]. That soon after the execution of said
Mortgage said Shipman being greatly embarrassed took the
said Milly with several other of his slaves and secretly ran
away with them to Indiana_ that in Jefferson County in
the State of Indiana he executed a deed of emancipation
to said slaves of whom said
Milly then present was one and
acknowledged the same before a Justice of the peace of said
State this deed bears date 3d. October 1826, but was acknow-
ledged on 30th. of same month, that immediately after
wards said Shipman carried said Milly to said Peoria , County
in the State of Missouri Illinois where he said Shipman
settled, hired a farm, stocked the same and declared that
he intended to reside there permanently and has ever
since resided there and kept Milly there that said Milly resided
there with him from October or November 1826 'till,[?] some
time in May 1827, at which time the defendant came
thither and took said Milly secretly away against
her consent and the consent of said Shipman, and
brought her to St. Louis where the present suit for freedom
was commenced, that after said Shipman had carried
said plaintiff to Indiana said Smith had paid for him
\$632.54 an executions which the Sheriff had against
him for some of the debts above mentioned in said Mort
-gage. This money was paid after the execution of said
deed of emancipation; that said
Smith never had possession
---
**Page 114** (5534_114.jpg)
> *Legal Function: Opinion*
of said Milly 'till May 1827. When he removed her from Illinois
as above stated; of that said Shipman had for several years
been in possession of her till she was taken away as before
mentioned. The Circuit Court having refused to give
several instructions prayed for by the Sheriff plaintiff
proceeded to instruct the Jury that if they believed from
the evidence that said Shipman executed said mortgage
for a valuable consideration to said Smith , that said
Smith became in Virtue thereof the legal owner thereof
of said
Milly . And that said Milly could not be free by
her residence in
Indiana and Illinois in virtue of Ordin
=ance of 1787. unless, it appeared to their satisfaction that
Smith assented to the removal, of said Milly to which
last instructions the plaintiffs counsel excepted; and
also excepted to the refusal of the Court, to give the instruc
-tions
prayed by the plaintiff which it is not considered
material to notice at this time.
This Court is not disposed to veiw the deed of
emancipation with much favor. The plaintiff can
-not be regarded as a purchaser for a valuable consider
-ation a slave having nothing to give, but it has after
been decided by Courts of the late Territory of Missouri
and of this State that slaves carried into Illinois with a
view to residence and staying here long enough to acquire
the character of residents do by virtue of such residence
become free. The plaintiff in the Circuit Court made out
a prima facie case of freedom. but if Smith be the legal owner
and did not [illegible] at the removal of the plaintiff
from Kentucky to Indiana and Illinois , then we are
of opinion that the plaintiff did not acquire her freedom
by such residence. This mortgage as it is called, was made
---
**Page 115** (5534_115.jpg)
> *Legal Function: Opinion*
in Kentucky and ought to receive in our courts such
construction as it would then receive. What construction
would be there given to it cannot judicially be known
to this Court_ of as the Circuit Court decides,
Smith became
by virtue of the instrument of writing executed to him by
Shipman the legal owner of Milly , and if as it has been
contended in argument, the recording of that instrument is
by the Statutes of Kentucky notice to all persons, of [illegible] Smiths night
same evidence of these laws of Kentucky ought, we think to
have been preserved on the record. If we are to cause true,
the writing according to our own laws (which must govern
us where the foreign law is not proved) we are inclined to
think Shipman is the legal owner. Since by the contract
the right of possession remained in him for an indefinite
time and Smith had only a lien on her to secure the payment
of debts, which lien Shipman might at any time have defea
=ted by paying those debts.
The judgment of the Circuit Court is recorded
and the cause sent back for further proceedings.
*Mathias McGirk
George Jampkins[?]
R Wash
Judges*
---
**Page 116** (5534_116.jpg)
> *Legal Function: Certification*
Error and that she have thereof Execution
I Archibald Gamble Clerk of the Supreme Court of
the State of Missouri for the 3rd, Judicial district Certify
that the foregoing is a true transcript of records on file
in my office Milly a woman of Color vs. Stephen Smith
*Witness my hand & Official seal this
day of in the year Eighteen hun
-dred
& twenty eight.*
---
**Page 117** (5534_117.jpg)
> *Legal Function: Certificate of Filing*
Supreme Court
May Term 1828
Milly
vs
Stephen Smith
Opinion
*Filed 4th August 1828 Archibald Gamble Clerk*
---
**Page 118** (5534_118.jpg)
---
**Page 119** (5534_119.jpg)
> *Legal Function: Order*
Milly
vs.
Stephen Smith
In St. Louis Circuit Court .
Whereas Judgment in said cause has been
rendered at this present July Term of said Court against
said Milly the petitioner in said case for freedom & she is
about having out a writ of error to the
Supreme Court
of Missouri to have the case finally decided in that Su-[?]
preme Court; now it is agreed that said Judgment
in the Circuit Court shall not be enforced, until the
case be finally decided in the Supreme Court , provided
there be no unnecessary delay in the prosecution of
said writ of error. The cases of her children shall remain
as they now are; and the persons being, in the Sheriffs hands,
---
**Page 120** (5534_120.jpg)
> *Legal Function: Order*
Under order of Court until the final disposition of
Milly's case as aforesaid,
*August 17th 1829 Ally eyez J. Spalding[?]*
> *Legal Function: Certificate of Filing*
Milly
vs
Stephen Smith
Agreement of Council
as to all the negro
cases
*Filed August 17th
1829 A Gambke Clk*
---
**Page 121** (5534_121.jpg)
> *Legal Function: Consent Memorandum*
State of Missouri
Supreme Court
Third Judicial, District September 23, 1829
Milly a woman, of Colour
vs
Stephen Smith
Error to St. Louis Circuit Court
Now at this day come again the parties aforesaid by
their respective attornies and the Court here being now fully
advised of and Concerning the promises consider that the Judgment
aforesaid in form aforesaid, by the said Circuit Court rendered,
be revised and for nought held and esteemed and the court
here proceeding to give such judgment as the Circuit Court ought
to have rendered, in the promises, do the think fit to order and
adjudge, and it is accordingly ordered and adjudged that
the said Milly ought to be and is free, and is is further con
sidered that the said Milly recover against the said Stephen
Smith her costs, and charges by her about her prosecution in
the Circuit Court and of her which of error in this behalf
expressed and that she have thereof execution.
Thereupon the defendant by his attorney moves the court for
a rehearing in this case and files his reasons therefor, whereof
on the judgement in this case is set aside and a rehearing
is granted, and the cause continued to the next term, of this
court
> *Legal Function: Motion*
Milly Coloured Woman
vs
Stephen Smith
Error from St. Louis Circuit Court
Tuesday April 13th 1830
And now at this day comes again here into Court
the plaintiff in error by her attorney and the defen-
dant the called comes not and the court now being [illegible]
sufficiently advised of, and concerning the precise
consider that the judgment aforesaid in form afore-
said by the said Circuit Court rendered, be reversed,
and for nought held and esteemed and the Court now
proceeding to give such judgment as the said Circuit
---
**Page 122** (5534_122.jpg)
Court ought to have rendered in the promises doth think
[illegible] to order and adjudge, and in conformity with the
opinion of this court in this case given of the last
term of this court it is so ordered and adjudged that
the said Milly ought to be and is free from said Stephen
Smith and from all persons claiming from through or and or
him and it is further considered that the said
Milly recover against the said Stephen Smith her
Costs and Charges by her in the prosecution of her
suit in the
Circuit Court and of her writ of error
in this behalf expanded and that she have thereof
execution.
I Joseph C Brown Clerk of the Supreme
Court for the third Judicial District in the State
of Missouri do certify the above and foregoing to
be a true and full copy of the Judgment of the
of the record of the judgment of the said Court
in the said Case of Milly a woman of Colour by, Ste,
phen,[?] Smith as the Same remains in the Said Office
*Witness my hand, and seal of Office
at office this thirteenth day of April
in the year of our Lord eighteen hun
dred and thirty Jos. C Brown Clerk*
---
**Page 123** (5534_123.jpg)
> *Legal Function: Request for Special Verdict*
May 21, 1830 Mr. Gamble
Will Please examine among the papers
of the Suits of Milly vs. Stephen Smith , Harry Dick
vs Same, William vs. Same, & David Shipman
vs. Same: Where you will find deeds, of emanci-
pation executed by Shipman in favor of the
above mentioned blacks, as also in favor of
Moses . &c. Please deliver these deeds to the
bearer, William , as they were merely left in Court
among the papers for purpose of drawing special ver-
dict, & do not belong there. Yours &c.
J. Malory
They are wanted immediately.
---
**Page 124** (5534_124.jpg)
Clerk of Circuit Court
St. Louis County
---
**Page 125** (5534_125.jpg)
> *Legal Function: Transcript*
Milly vs. Smith
[undated]
Spalding read from Settable Laws of Kentucky ,
vol. 2 page 120.1. Sec: 34.35.36.37.
,, 1. 371. Frauds & perjueries[?].
Settable & Sergent[?] 1. vol. 324- must record mortgages &c.
Geyer - negroes, real estate 28 sec: same [illegible] above
Common law introduced -
8. Sec: Constitution of Kentucky
[illegible] implied by the general deed, [illegible]
of 8. sec: that mortgage ought to be recorded, but
it is expressely,[?] enacted see sec 31.
2. Bubb. 244.
Spalding - The instrument is not a mortgage but
only creates a law,- that the recording or not
is of no importance here. As between
Shipman & Smith the question of notice
cannot arise,-
slaves decided, to be personal property with=
in statute, of frauds. Bibbs.[?] Reports vol
so declared for various, purposes.
in 1796, act, saying land to be passed, only by
deed.
Marquis- for tail in slaves declared to be an
estate of fee simple
5. Bacon, Mortgage B
---
**Page 126** (5534_126.jpg)
1. Settele[?]. 315- as 10 words bargan & sell.
> *Legal Function: Caption*
Milly vs Smith
---
**Page 127** (5534_127.jpg)
> *Legal Function: Transcript*
And the Court sitting on a Jury doth find
[illegible] that on the seventeenth
day of October in the year eighteen hundred and twenty
six, and David Shipman, said Stephen Smith then being a resident of the
State of Kentucky , & owning, as his slave, & possessing, said, Milly , the
plaintiff executed the following instrument of writing
which embraces said Milly among other property enume-
rated
therein; which instrument then signed likewise, by said Stephen , Smith is in the following words
(hence act out the instrument of Mortgage between Smith &
Shipman). And the Court in its capacity aforesaid
further says, that soon after the execution
of the said instrument called a mortgage, said Daved
Shipman who was then greatly embarrassed in his pecuniary circumstances took the
said Milly with several other of his slaves and secretly,
and with intent to withdraw himself & property from said Smith , & other creditors, ran, away with them to the state of Indiana ,, and there
in Jefferson , County in said State of Indiana , executed
duly the deed of emancipation herein set out & ack-
nowledged
the same before a Justice of the peace in the
same State, the said Milly being present at the execu-
tion of said deed of emancipation; which said deed of
emancipation includes said Milly as one of the
persons therein named as set free, and is in the words
and figures following to wit; (here set out the
deed, of emancipation). and the person of their oarth aforesaid[?] and said Court doth further find, that imme-
diately after the execution of said deed of emancipation, the said David Shipman carried, said
Milly to Peoria , County in the
State of Illinois
where he said David Shipman then settled with the intention, of residing there permanentaly hired, a
---
**Page 128** (5534_128.jpg)
> *Legal Function: Transcript*
1 farm and stocked the same, & declared that he meant,
to reside there permanently, & has ever since resided
there: and that he kept said Milly , there with the in-
tention of making the same place her domicile,
as well as his own: and that she resided with him
these from October or November eighteen hundred
and twenty six till some time in May in the
year eighteen hundred and twenty seven, at which
latter time said Stephen Smith came thither, and
took said Milly , secretly against her consent and
the consent of said Shipman & brought her to
St .
Louis claiming her as his slave, & holding, her as his slave, when & where this suit, for
fredom was commenced,. And said Court doth, the person aforesaid
further find, that after the said deed of emancipation
was executed, the said Stephen , Smith paid as secu-rity,[?] for said Shipman, to the Sheriff who had execu-
tions against him therefor, the claim of Levin
Cooper & the claim of Polly Rice mentioned in
the said Instrument of Mortgage above set forth,
amounting to the sum of six hundred thirty
two dollars fifty four cents; and that said exe-
cutions issued after said Shipman had carried
said Milly , into the State of Indiana as afore-
said. And said Court doth further find that said Stephen Smith never had possession of said Milly ,
till the month of May in the year eighteen
hundred and twenty seven aforesaid when he
went to Illinois , & seized, & carried her away as
aforesaid and that he claims her as a slave under, said deed of mortgage & in no other way:: and that said Shipman had always,
had possession of her during a period of several
years, till said last mentioned time. And the
---
**Page 129** (5534_129.jpg)
> *Legal Function: Transcript*
said Court doth further find Form do [illegible] oath fourth saythat the
aforesaid deed executed between said Smith & Shipman
called, a Mortgage, was so executed in Shelby County
in the State of Kentucky , in which, State both
Shipman & Smith resided, and the said Milly
was held as a Slave by said Shipman at the time
of the execution thereof which said mortgage was acknowledged before and recorded, by the clerk of the county court, of said,
county of
Shelby on,
the day of
the execution
thereof; and said Court moreover,
finds that the following statute was passed by the Legis-
lature of the state of Kentucky , & went into operation
in said State on the eighth day of February in
the year one thousand seven hundred ninety eight
vis[?] (here set out Sections 28, 29, 30, 31, 32, 33, 34,
35, 36, 37, & 38 in B Hol.[?] Littlls Laws[?] of Kentucky , page 120)
and said Court further says that the following statute
entitled, an all to prevent fraud, & perjuries, "was passed
by the Legislature of Kentucky , & went into operation
in that State on December fourteenth in the year
eighteen one thousand seven hundred and ninity
six viz, (here set out 2 & 3 sections of that
act 1 vol,[?] Littell's, laws, page 371. 372.) and
said Court further says, that in the year one thousand
seven hundred and seventy six, the Convention of the
State of Virginia passed the following ordinance to wit
(here set out ordinance headed VI in Littell's Laws
1 vol. page 390.), and said Court says further that
in June in the year one thousand eight hundred
the Constitution of the State of Kentucky went into
operation in which is the following clause viz;
(here insert, 8th [illegible] clause of 6th Article see 1 Vol
Littel,[?] page 50) and said Court says that the Legis-
lature of Kentucky , passed the following act which went
into force on nineteenth December in the year
---
**Page 130** (5534_130.jpg)
> *Legal Function: Transcript*
seventeen hundred ninety six viz, (here insert 1st.
11th & 12th Sections 1 Littell's, page 567 & 572) and said Court finds
further that the Legislature of said State of Kentucky passed
the following act which went into operation in Kentucky on the
thirteenth day of December in the year eighteen
hundred and twenty, viz (here insert 1 Littell,[?] &
[illegible] page 324 Section 4 respecting mortgages, &c.)
And said Court sitting as aforesaid doth, summon thier oath aforesaid further find
that the second oath & clauses of acts & ordinances & consti-tutional,[?]
provisions, aforesaid went into force at the times respectively
in that behalf above stated, & continued in force from thence
to the present time, Milly's said acts [illegible] with or
are repugnant, to each other.
And this court sitting to determine the issue, in
form, aforesaid promised, not being advised whether
according to the law, of the land, the said issue
ought to be found for the plaintiff or the defendant
doth say that if issue, being sufficiently [illegible]
of & concerning, promises the court shall, be of opinion, that
the issue, ought to be found for the plaintiff
there the court sitting to determine the issue,
aforesaid doth, say that defendant is guilty,
of the trespasses, in the declaration mentioned in
manner and form as the plaintiff hath
in her declaration, alleged and doth assess,
the damages of the plaintiff by her sustained,
by occasion, of the premises, at one cent, but
if the Court shall be of opinion, [illegible] such
aduriment[?] that the said issue, ought to
be found for defendant then, the court
sitting to try the issue, aforesaid, doth find
the said defendant not guilty of the
said trespasses, in manner and form
as the plaintiff hath complained against
him
---
**Page 131** (5534_131.jpg)
> *Legal Function: Jury Instructions*
Instructions asked for by plff & refused
1 If the Jury, find from the evidence in this case that
David Shipman was in the legal possession of the plaintiff
at and before the time he left Kentucky , & that he contin-
ued in the legal possession of her in Indiana & Illinois
& thus having the legal possession of her,he settled in
the State of Illinois & resided, there with the intention of making
that State the place of his permanent abode, & the per-
manent abode of said plaintiff, they are bound to find for the
plaintiff in, this action.
2. If the Jury, find that the deed of emancipation read
in evidence in this case, was executed by said David
Shipman, & that said Shipman was at the time
of its execution lawfully in possession of said Milly
& was the owner of her except so far as he had conveyed away
his right by his said mortgage to said
Smith and in
evidence, they are bound to find for the plaintiff
3. If the Jury find from the evidence, that said Shipman
was the owner of the plaintiff & carried her with
him to the
State of Illinois & settled there with the
intention of making that State his domicile, & the
domicile, of said Milly , they are bound to find
for the plaintiff.
4. If the Jury believe from the evdience that said David Shipman was
the owner of said Milly at the time of the execution
of said mortgage to Smith , & that said
Milly never
was in the possession of said Smith , but remained
in possession of said Shipman, & that he carried her
whereupon carried her to Illinois & settled there with her
& resided there with her with the intention, of making that state his per-
manent residence & the permanent residence of said Milly
the Jury, are bound to find for plaintiff.
---
**Page 132** (5534_132.jpg)
> *Legal Function: Jury Instructions*
(A) (Instructions given)
and the Court proceeded to instruct the Jury: That said
Smith was [illegible] of said mortgage
if the Jury believed
from the evidence that said Shipman executed said Mortgage
for valuable consideration, to said Smith that said Smith
became in virtue thereof the legal owner of said Milly
& that said deed, of emancipation was void: and that
said Milly could not become free by the residence in
Indiana & Illinois in virtue, of the ordinance of
1787, unless it appeared to their satisfaction that Smith
assented to the removal, of said Milly
> *Legal Function: Caption*
Milly
vs.
Stephen Smith
plffs, instructions
---
**Page 133** (5534_133.jpg)
> *Legal Function: Affidavit of Josiah Spalding*
Milly
vs.
Stephen Smith
Harry Dick
vs.
Same
William
vs.
Same
David Shipman
vs.
Same
Josiah Spalding attorney for the plain-
tiffs in above cases being sworn saith that said
plaintiffs are claimed to be slaves under a mortgage
purporting to be executed by David Shipman for-
merly owner of said slaves to said Smith the de-
fendant that said Shipman has executed eman-cipations[?] of said slaves as deponent believes; that
the said mortgage contains in addition to the
plaintiffs, other property to wit three other slaves
six head of horns, a yolk of oxen,, ten
head of cattle, thirty head of sheep, thirty head
of hogs, beds &[?] furniture, household & Kitchen
farming utensils & one clock also a tract of land,
in Shelby , County State of Kentucky upon which is grist & saw
mill as stated in said mortgage: all which prop=
erty said mortgage state was executedtherein
pledged to secure said Smith against certain
liabilities he had incurred, to said Shipman
to about the amount of seventeen or eighteen hundred
dollars & for a debt due to said Smith of
about two hundred dollars & for no other
purpose: that this deponent never saw said
mortgage or knew its contents until some
time in November last, some days as
he thinks after the same was filed in the
clerk's office attached to depositions, that when
he saw said mortgage it was too late to take
depositions for this term, for the purpose of showing wheth-
er
---
**Page 134** (5534_134.jpg)
> *Legal Function: Affidavit of Josiah Spalding*
er said mortgage had been satisfied, out of
the other property mentioned in said mort-
gage other than the said plaintiffs: or
whether the said mortgaged property omitting,
the plaintiffs is not amply sufficient to
indemnify, & pay said Smith all the liabilities
stated in said mortgage; nor can this
deponent obtain, any information on these
matters from the plaintiff who say they
are utterly ignorant of said mortgage's
having been given nor has this deponent satisfactory information thereon that the distance from this place to take said depositions
deponant understands,
is at least 350 miles: that this deponant
deems it unsafe to go to trial without
testimony as to said, mortgaged property its
value & as to what has been done under
said mortgage: and expects that he will
be able to have such testimony in time
for trial of said cases at the next term
of this Court: and further that this depo-
nant in there cases labors under great em-
barrasments[?] from the characters of said
plaintiffs, & the difficulty of preparing for
trial by getting depositions taken at said Shelbyville, where he is
not acquainted with an individual & knows
not will be obliged previously to spend considera-
ble time in inquiries before he can set a day
& plan for taking depositions for the purposes
aforesaid: This deponent refers to said mortgage
on file here for its contents.
*J. Spalding*
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**Page 135** (5534_135.jpg)
> *Legal Function: Bill of Costs*
Milly
vs
Stephen Smith
*transcript, of Judgement
of Supreme Court fees .90 seal 1.00 \$1.90*
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**Page 136** (5534_136.jpg)
---
**Page 137** (5534_137.jpg)
> *Legal Function: Notice to Take Depositions*
State of Missouri
County of the St. Louis
To wit
Stephen Smith
ads
Molly a woman of color
In the Circuit Court
Will take notice that a dedimus has issued
in the above cause to any Judge or Justice
of the Peace of the State of Kentucky to take
the depositions of Witnesses in the above cause
on the part of the defendants and that
by virtue thereof on the second Monday in
September next, and so on from day to
day until the same shall be finished I
shall proceed between the hours of Eight
O'Clock A.M. and six O'Clock P. M.
of that day at the house of
Robert Bran-
ham in the town of Shelbyville in the
state of
Kentucky to take the depositions
of Witnesses to be read on the trial of
said Cause on the part of the Defend
ant.
*Stephen Smith
by A. L. Marquis
his atty*
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**Page 138** (5534_138.jpg)
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**Page 139** (5534_139.jpg)
> *Legal Function: Opinion*
come the parties aforesaid by their respective attorneys aforesaid and neither
of the parties requiring a Jury all and singular the premises are by them
submitted to the Court and the Court sitting as a Jury doth find that on the
seventeenth day of October in the year Eighteen hundred and twenty six
one David Shipman then being a resident of the State of Kentucky and
owning as his slave and possessing said Milly the plaintiff Executed
the following instrument of writing which Embraces said Milly
among other property enumerated therein which instrument then signed
likewise by said Stephen Smith is in the following words "This Indenture
made this 17th day of October 1826 between David Shipman of the one
part and Stephen Smith of the other part, Witnesseth that the said David
Shipman for and in consideration of the sum of one dollar to him in
hand paid the receipt of which he doth hereby acknowledge hath
granted, bargained and sold and by these presents doth convey unto
the said Stephen Smith and his heirs forever a tract of land in Shelby
County on Guisses Creek containing twenty six acres and upon which
said Shipmans Grist and Sawmill now stands also a negro man
named Moses about 30 years of age one woman named Milly 25
or 6 years old, one child called David about 18 months old, Harry
about 16 Years, Bill about 12 on 13 years old, Sarah about 27 years Old, Elias about 15 years old, Six head of horses one yoke of Oxen
& Cart, ten head of Cattle thirty head of Sheep, thirty head of hogs, Beds
and Furniture, household and kitchen furniture of every kind, farming
utensils and one Clock. To have and to hold the said land slaves and
chattels with their future increase to him the said Stephen Smith and
his heirs forever and the said David Shipman covenants that he will
warrant the will thereof to the said Smith and his heirs against the
Claim of all persons whomsoever rendered however subject to the
following conditions that is to say that whereas the above named
David Shipman is indebted to the Commonwealth's bank in
about the sum of Eight Hundred dollars for which the said Stephen
Smith is bound as Security and the said Shipman is also indebted to
the heirs of William Cooper in about the sum of six hundred dollars
for which the said
Stephen is bound as security in a replevin bond;
also indebted to
Elijah Warner in the sum of about one hundred and
twenty dollars, and Execution in the name of Helm for about two
hundred and forty dollars for which sums said Stephen is also
bound as security, and is also indebted to the said Stephen in his
own right in about the sum of two hundred & seven dollars due
by note now the lands, slaves and chattels aforesaid with their future
increase are hereby declared to be given in mortgage to secure save and
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**Page 140** (5534_140.jpg)
> *Legal Function: Opinion*
indemnify and pay the said Stephen Smith as security and in his own
right in the several sums of money herein before enumerated and
mentioned and it is hereby expressly understood & agreed upon between
the parties that said David Shipman may and is hereby permitted to
retain and keep the possession of said land slaves and other chattels
with their future increase and to have the use thereof subject however
to the lien hereby created and should said Shipman or the said
Smith
at any time hereafter be able to Effect a sale of the land slaves & or any
part thereof at their fair value and apply the proceeds thereof to the
payment of the liabilities & claims herein Enumerated or to the discharge
of a Judgement in favor of the Farmers and Mechanics Bank of
Shelbyville against said Shipman that in such case said Shipman
and Smith will consent to said sale and make title to the property so
sold in which title said Smith will release the lien hereby created
Witness the hands & seals of the parties the date aforesaid David ,
Shipman Two Steph Smith Two Shelby county Court office Set:
this mortgage was acknowledged before me in my office on the
17th day of October 1826 by David Shipman & Stephen Smith parties
thereto be their act & deed and thereupon the same was truly recorded
All Ja S Whitaker Clk
Shelby County Court and the Court in its
Capacity aforesaid further says that soon after the Execution of the
said instrument called a mortgage said David Shipman who was
then greatly Embarrassed in his pecuniary circumstances took
the said Milly with several other of his Slaves and secretly with
intent to withdraw himself and property from said Smith and other
creditors ran away with them to the States of
Indiana and there in
Jefferson county in said State of Indiana Executed duly the deed of
Emancipation herein set out and acknowledged the same before a
Justice of the peace in the same state, the said Milly being present
at the Execution of said deed of Emancipation which said deed
of Emancipation includes said Milly as one of the persons therein
named as set free and is in the words and figures following to wit;
"The State of Indiana Jefferson County Ss Be it Remembered that I
David Shipman of Fallatin county State of Kentucky for divers
good causes me hereunto moving have and do by there presents
Emancipate and release from further service to me my heirs or
assigns forever my servant man Moses a mulato aged about thirty
years also his wife Milley a mullato woman aged about twenty
Eight years with a small scar on or under her chin also her three
children to wit; Anna Maria (aged seven years, Mary Ann (aged
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**Page 141** (5534_141.jpg)
> *Legal Function: Opinion*
six years years) and David Shipman (aged fifteen months) and these
presents will make known that the above named slaves have been good
faithful servants to me and are of good, honest and industrious
habits, and I now do Expressly discharge the said slaves and set
them free in the State of Indiana from my my heirs & Executors
and administrators and from all other persons. In testimony
whereof I have hereunto my hand and seal at
Madison in Indi
-ana this third day of October 1826.
David Shipman seal Witness
present R C Tabbold. John Wambleton“ and said Court doth further
find that immediately after the Execution of said deed of Eman-
-cipation the said David Shipman carried said Milly to Peoria
County in the State of Illinois where he said David Shipman then
settled with the intention of residing there permanently hired a
farm and stocked the same and declared that he meant to reside
there permanently and has ever since resided there; and that he
kept said Milly there with the intention of making the same place
her domicil as well as his own: and that she resided with him
there from October or November Eighteen hundred and twenty six
till some time in May in the year Eighteen hundred and twenty
seven at which latter time said Stephen Smith came thither and
took said Milly secretly against her consent and the consent of
said Shipman and brought her to St Louis claiming her as his
slave and holding her as his slave, when and where this suit for
freedom was commenced, and said court doth further find that
after the said deed of Emancipation was Executed the said Stephen
Smith paid as Security for said Shipman to the Sheriff who had
Executions against him therefor, the claim of Levin Cooper and the
claim of Polly Rice mentioned in the said instrument of mortgage above
set forth amounting to the sum of six hundred thirty two dollars
fifty four cents and that said Executions issued after said Shipman
had carried said Milly into the state of Indiana as aforesaid, and
said Court doth further find that said Stephen Smith never had
possession of said Milly till the month of May in the year Eighteen
hundred and twenty seven aforesaid when he went to Illinois and
seized and carried her away as aforesaid and that he claims her
as a slave under said deed of mortgage and in no other way, and
that said Shipman had always had possession of her during a period
of several years til said last mentioned time and the said court doth
further find that the aforesaid deed Executed between said Smith
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**Page 142** (5534_142.jpg)
> *Legal Function: Opinion*
and Shipman called a mortgage was so Executed in Shelby County
in the
State of Kentucky in which State both Shipman and Smith
resided and the said Milly was held as a slave by said Shipman
at the time of the Execution thereof which said Mortgage was acknow-
-ledged before and recorded by the Clerk of the County Court of said
County of Shelby on the day of the Execution thereof and said court
moreover finds that the following statute was passed by the Legis-
-lature of the state of
Kentucky and went into operation in said
State on the Eighth day of February in the year one Thousand
seven hundred and ninety Eight viz; sec, 28 all negro Mulatto or
Indian slaves in all courts of Judicature or other places within
this Commonwealth shall be held taken and adjudged to be real
Estate and shall descend to the heirs and widows of persons depar-
-ting this life as lands are directed to descend in and by an act of
the General assembly entitled “an act directing the course of descents”
Sec 29, Provided that all such slaves shall be liable to the payment
of debts and may be taken by Execution for that end as other
Chattels or personal Estate may be: sec 30. Provided also that no
such slave shall be liable to be Eschealed by reason of the decrease
of the proprietor for the same without lawful heirs but all such slaves
shall in that case be accounted and go as Chattels and other Estates
personal sec 31. no person selling or alienating any such slave
otherwise than by gift marriage settlement deed of trust or mortgage
shall be obliged to cause such sale or alienation to be recorded- sec 32
it shall and may be lawful for any person to sue for and recover
any slave or damage for the detention trover or conversion thereof
by action personal as might have been done if this act had never
been made- Sec 33. whenever any person shall by bargain and
sale either with or without deed, by his last will and testament in
writing or by any nuncupative will bargain, sell, dispose of, or bequeath
any slave or slaves such bargain sale or bequest shall transfer
the absolute property of such slave or slaves to such person or persons to
whom the same shall be so sold or bequeathed in the same manner
as if such slave or slaves were a Chattle, and no remainder of any
slave or slaves shall or may be limitted by any deed or last will and
testament in writing of any person whatsoever otherwise than the
remainder of a chattel personal by the rules of the common law can
or may be limitted except in the manner hereinafter mentioned and
directed. sec 34. where any slave or slaves have been or shall be con-
-veyed or bequeathed or have or shall descend to any feme Covert the
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**Page 143** (5534_143.jpg)
> *Legal Function: Opinion*
absolute right property and interest of such slave or slaves is hereby vested
and shall accrue to and be vested in the husband of such feme covert;
and where any feme sole is or shall be possessed of any slave or slaves as of
her own proper slave or slaves the same shall accrue to and be absolutely
vested in the husband of such feme when she shall marry Sec 35 any
infant above the age of Eighteen years by his or her last will and testaments
in writing may dispose of and bequeath the absolute right property and
interest of any slave or slaves whereof he or she shall be possessed. Sec 36.
No slave or slaves whatsoever shall be forfeited except in such cases where
the lands and tenements of the person incurring the forfeiture is, should
or might be forfeited Sec 37. No Executor or administrator hath or shall
have any power to sell or dispose of any slave or slaves of his testator or
intestate Except for the paying and satisfying the just debts of such
testator or intestate and then only where there is not sufficient of the
personal estate of such testator or intestate to satisfy and pay such debts;
and in that case it shall and may be lawful for the Executor or ad
-ministrator to sell and dispose of such slave or slaves as shall be
sufficient to raise so much money as the personal Estate falls short
of the payment of the debts Sec. 38. it shall and may be lawful for any
person or persons whatsoever by deed Executed in his her or their lifetimes or by
his, her or their last will and testament wherein any lands or tenements
shall hereafter be settled conveyed or devised for life or lives to settle convey
or devise any slave or slaves and in such deed or last will to declare
that such slave or slaves and their increase so long as any of them shall
be living shall descend pass and go as part of the freehold to such person
or persons to whom such lands and tenements shall be so conveyed or
devised, and to whom the same shall from time to time descend and
come: and such declaration shall be good and Effectual in law to annex
such slave or slaves to the freehold and inheritance of such lands and
tenements, and they and their increase so long as any of them shall be
living shall descend pass and go in possession reversion and remainder
with such land and tenements: or where any person shall by his deed
Executed in his lifetime or by his last will and testament in writing
settle convey or devise and lands and tenements for life or lives, and
shall in the same deed or will settle convey or devise any slave or
slaves with the same limitation or limitations with which such lands
and tenements shall be so settled conveyed or devised such limitation
or limitations shall amount to a declaration of the intent of the
party selling conveying or devising the same, that the same should
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**Page 144** (5534_144.jpg)
> *Legal Function: Opinion*
be annexed to such lands and tenements and shall descend pass
and go therewith from time to time as aforesaid” and said Court further
says that the following statute entitled an “act to prevent frauds and
perjuries" was passed by the Legislature of Kentucky and went into
operation in that State on December fourteenth in the year one
thousand seven hundred and ninety six viz; sec 2. every gift grant or
conveyance of lands tenements or hereditaments goods or chattels or of
any rent common or profit of the same by writing or otherwise: and
every bond suit Judgement or Execution had or made and contrived
of malice fraud, covin, collusion or guile to the intent or purpose to
delay hinder or defraud creditors of their just and lawful actions
suits, debts, accounts damages penalties or forfeitures or to defraud or
deceive those who shall purchase the same lands, tenements or here-
-ditaments, or any rent profit or commodity out of them shall be
from thenceforth deemed and taken (only as against the person or
persons his her or their heirs successors Executors administrators or
assigns and every of them whose debts suits demands Estates and
interest by such guileful and covinous devices and practices aforesaid
shall or might be in anywise disturbed hindered delayed or defrauded
to be clearly and utterly void; any pretence colour feigned consideration
Expressing of use, or any other matter or thing to the contrary notwith-
-standing; and moreover if a conveyance be of goods and chattels
and be not on consideration deemed valuable in law it shall be
taken to be fraudulent within this act unless the same be by will
duly proved and recorded or by deed in writing acknowledged or
proved if the same deed includes lands also in such manner as
conveyances of lands are by law directed to be acknowledged or
proved: or if it be of goods and chattels only then acknowledged or
proved by two witnesses in the office of the court of appeals or district
court, or in the court of quarter sessions or county court of the county
wherein one of the parties lives within Eight months after the Execution
thereof or unless possession shall really and bonafide remain with
the donee, and in like manner where any loan of goods and chattels
shall be pretended to have been made to any person with whom or
those claiming under him possession shall have remained by the
space of five years without demand made and pursued by due
process at lan, on the part of the pretended lender or where any
reservation or limitation shall be pretended to have been made
of an use or property by way of condition reversion remainder or
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**Page 145** (5534_145.jpg)
> *Legal Function: Opinion*
otherwise in goods and chattels the possession whereof shall have
remained in another as aforesaid the same shall be taken as to
the creditors and purchasers of the persons aforesaid so remaining
in possession to be fraudulent within this act and that the absolute
property is in the possession unless such loan reservation or limitation
of use or property were declared by will or deed in writing proved
and recorded as aforesaid Sec 3 this act shall not extend to any Esate
or interest in any lands goods or chattels or any rents common or profit
out of the same which shall be upon good consideration and bona
fide lawfully conveyed or assused to any person or persons bodies
politic or corporate” and said court further says that in the year
one thousand seven hundred and seventy six the Convention of
the Sate of Virginia passed the following ordinance to wit; "VI. And be it further ordained that the common law of
England all
Statutes or acts of Parliament made in aid of the common law prior
to the fourth year of the reign of King James the first and which are of a general
nature not local to that Kingdom together with the several acts of the
General assembly of this colony now in force so far as the same may
consist with the several ordinances declarations and resolutions of
the general convention shall be the rule of decision and shall be the rule of decision and shall be
considered as in full force until the same shall be altered by the
legislative power of this colony” and said court says further that in
June in the year one thousand Eight hundred the Constitution of the
State of Kentucky went into operation in which is the following clause
viz" 8. all laws which on the first day of June one thousand seven
hundred and ninety two were in force in the State of Virgima and which
are of a general nature and not to eat to that State and not repugnant
to this Constitution nor to the laws which have been Enacted by the
legislature of this commonwealth shall be in force within this
State until they shall be altered or repealed by the general assembly
and said Court says that the Legislature of Kentucky passed the
following act which went into force on nineteenth December in
the year seventeen hundred and ninety six viz; Sections |[?] Be it enacted
by the General Assembly that no Estate of inheritance or freehold
or for a term of more than five years in lands or tenements shall
be conveyed from one to another unless the conveyance be declared
by writing sealed and delivered nor shall such conveyance be good
against a purchaser for a valuable consideration. not having
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**Page 146** (5534_146.jpg)
> *Legal Function: Opinion*
notice thereof, or any creditor unless the same writing be acknow-
-ledged by the party or parties who shall have sealed and delivered it, or
be proved by three witnesses to be his her or their act in the office of
the clerk of the Court of appeals, of a district court or in a court of quarter
sessions or county court in the manner prescribed by law or in the
manner hereinafter directed within Eight months after the time of
sealing and delivering and be lodged with the Clerk of such court to
be there recorded “Sec 11. Every Estate in lands which shall hereafter
be granted conveyed or devised to one although other words heretofore
necessary to transfer an estate of inheritance be not added shall
be deemed a fee simple if a less Estate be not limitted by express words
or do not appear to have been granted conveyed or devised by con-
-struction or operation of law - where an Estate hath been or shall be
by any conveyance limited in remainder to the son or daughter
or to the use of the son or daughter of any person to be begotten such
son or daughter born after the decease of his or her father shall
take the estate in the same manner as if he or she had been
born in the lifetime of the father although no Estate shall have
been conveyed to support the contingent remainder after his
death Sec 12. By deed of bargain and sale or by deeds of lease and
release or by covenant to stand seized to use or deed operating by
way of covenant to stand seized to use the possession of the bargainor
releaseor or covenantor shall be deemed heretofore to have been
and hereafter to be transferred to the bargainee releasee or person
entitled to the use for the Estate or interest which such person hath
or shall have in the use as perfectly as if such bargainee releasee
or person entitled to the use had been Enfeoffed with livery of
seisin of the land intended to be conveyed by the said deed or covenant-
and said court finds further that the Legislature of said
State of Kentucky
passed the following act which went into operation in
Kentucky on
the thirteenth day of December in the year Eighteen hundred and
twenty viz; Sec 4. no deed of Mortgage or deed of trust hereafter made
or Executed for or upon any real or personal Estate shall be good or
valid against any creditor or a purchases for valuable consideration
without notice thereof unless such deed shall within sixty days
after its Execution upon the acknowledgment or proof thereof by
two subscribing witnesses according to the Existing laws be deposited
for record in the office of the County court clerk of the County
where the estate therein conveyed or the greater part thereof lies, and
the court sitting as aforesaid doth further find that the several
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**Page 147** (5534_147.jpg)
> *Legal Function: Opinion*
acts and clauses of acts and ordinances and constitutional provisions
aforesaid went into force at the times respectively in that behalf
above stated and continued in force from thence to the present time
unless said acts interfere with or are repugnant to each other and
the court sitting to determine the issue in form aforesaid joined not
being advised whether according to the law of the land the said issue
ought to be found for the plaintiff or the defendant doth say that
if upon being sufficiently advised of and concerning the premises
the court shall be of opinion that the issue ought to be found for
the plaintiff then the court sitting to determine the issue aforesaid
doth say that defendant is guilty of the trespasses in the declaration
mentioned in manner and form as the plaintiff hath in her
declaration alleged and doth assess the damages of the plaintiff
by her sustained by reason of the premises at one cent but if
the court shall be of opinion upon such advisement that said
issue ought to be found for defendant then the Court sitting to
try the issue aforesaid doth find the said defendant not guilty
of the said trespasses in manner and form as the plaintiff hath
complained against him
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**Page 148** (5534_148.jpg)
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**Page 149** (5534_149.jpg)
> *Legal Function: Opinion*
seventeen hundred ninety six viz (here insert, 1st.
11th & 12th Section, 1 Littill page 567 & 572) and said Court finds
further that the legistations of said State of Kentucky passed
the following act which went into operation in Kentucky on the
thirteenth day of December in the year eighteen
hundred and twenty, viz (here insert 1 Littill &
froigent[?] page 324 Section 4 respectively mortgages, &c.)
and said [illegible] Court sitting as aforesaid doth further find
that the second oath & clauses of acts & ordinances & Consti-
tutional provisions aforesaid went into force at the times respectively
in that behalf above stated, & continued in force from thence
to the present time, unless said acts interfere with or
are repugnant to each other [illegible]
[illegible]
And this court sitting to determine the issues in
form aforesaid joined not being advised whether
according to the law of the land the said issue
ought to the found for the plaintiff or the defendant
doth say that if upon being sufficiently advised,
[illegible] of & concerning the premises the court shall be of opinion that
the issue ought to be found for the plaintiff
then the court sitting to determine the issue
aforesaid doth say that defendant is guilty,
of the trespasses, in the declaration mentioned in
manner and form as the plaintiff hath
in her declaration alleged and doth assess
the damages of the plaintiff by her sustained
by occasion of the premises at one cent but
if the court shall be of opinion upon such
[illegible] that the same issue ought to
be found for defendant then the court
sitting to try the issue aforesaid, doth find
that said defendant not guilty of the
said trespasses in manner and form
as the plaintiff hath complained against
him.
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**Page 150** (5534_150.jpg)
> *Legal Function: Opinion*
[illegible]
as the plaintiff hath above on her declaration thereof
alleged and doth say that if upon being sufficiently
advised of and concerning the premesies, this county
shall be of opinion that the defendant is guilty
is aforesaid then this court as a jury doth find
that the depondant is guilty of the said trespass
[illegible]as the plaintiff.
said Court doth further find [illegible] that the
aforesaid deed executed between said Smith & Shipman
called a mortgage, was so executed in
Shelby County
in the State of Kentucky , in which State both
Shipman & Smith resided and the said Milly
was held as a slave by said Shipman at the time
of the execution thereof which said mortgage was acknowledged before any reordered by the Clerk of the county court of said
county of Shelby on the day of the execution thereof
and said Court moreover
finds that the following statute was passed by the Legis-
lature of the state of Kentucky & went into operation-
in said State on the eighth day of February in
the year one thousand seven hundred ninety eight
viz (here set out Sections 28, 29, 30, 31, 32, 33, 34,
35, 36, 37 & 38 in 2 Vol. Littells laws of Kentucky page 120)
and said Court further says that the following statute
entitled an act to prevent, frauds & perjuries" was issued
by the legislature of Kentucky & went into operation
in that State on December fourteenth in the year
eighteen one thousand seven hundred and ninety
six viz: (here set out 2 & 3 sections of that
act 1 vol. Littell's law page 371, 372.) and
said Court further says, that in the year one thousand
seven hundred and seventy six, the Convention of the
State of Virginia passed the following Ordinance to wit
(here set out ordinance headed VI in Littells [illegible]
1 Vol. page 390.). and said Court says further that
in June in the year one thousand eight hundred
the Constitution of the State of Kentucky went in to
operation in which is the following clause viz:
(here insert 8th, of clause of 6th Article see 1 Vol.
Littile page 50) and said Court says that the Legis-
lation of Kentucky , passed the following act which went
into force on nineteenth December in the year
Milly V. Stephen Smith. 1827, St. Louis Circuit Court Historical Records Project, accessed October 8, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60681