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Case Title

Julia v. Samuel M. Kinney

Series

Freedom Suits

Plaintiff

Julia

Defendant

Kinney, Samuel M.

Date Filed

1831-03-10

Filing Date

1831-03-10

Plaintiff’s Attorney

Bird, Gustavus A.

Strother, George French

Defendant’s Attorney

Shaw, George D.

Gamble, Hamilton Rowan

Court Name

St. Louis Circuit Court|Missouri Supreme Court

Court Term

1831-03

Judge

Carr, William C.

McGirk, Mathias

Thompkins, George

Wash, Robert

Clerk

Brown, Joseph C.

Gamble, Archibald

Ross, William

Justice of the Peace

Smith, William R.

Phillips, Andrew

Nathan, W.G.

Ballan, W.J.

Ralstow, James A.

Sheriff

Walker, John K.

Luc, Seth B.

Brotherton, J.

Blood, Sullivan

Fromer, Isaac

Sworn Declarant

Mathews, Benjamin

Ross, Leonard

Ross, William

Ross, Henry

Phillips, Andrew

Best, John

Cooper, Jacob

McKinney, James A.

Bright, Nancy

Schall, William

John B. Mathews

McWorthy, Erin

Bennett, Joseph

Bennett, William

Wells, Hasten

Windsor, John

Phillips, Nathan

Shull, Abram

Bickerdike, Adam

Norris, Thomas K.

Shull, William

Phillips, W. Jane

Simmonds, John R.

Colhors, Charles

Risley, William

Zabor, Joseph

Drake, Silas

Spencer, James P.

Frances, Henry

Jury Foreman

Grimsley, W.R.

Cause of Action

Trespass

False Imprisonment

Assault

Battery

Case Notes

Plaintiff born Tennessee, slave of Asa Carrington; moved to Kentucky; Asa died; son, Joseph G., moved to Illinois. Julia was hired to Dr. Stewart, Missouri, returned to Illinois with daughter to heal; hired to Nancy Bright; spread flax for J. B. Mathis.

Identifier

ccr1831.06733.141

Source

Missouri State Archives - St. Louis

Rights

Public Domain

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Transcription

**Julia v. Samuel M. Kinney**

---

**Page 1** (6733_001.jpg)
> *Legal Function: Plaintiff's Complaint*

St Louis cir cuit [illegible]
1831
St Louis County to [illegible] a woman of
color who by [illegible] of the event inflows of
Samuel of a plea of trespases[?]
In that the said Samuel
on first day of march in the year 1831
[illegible] fore and [illegible]
on the said Inla[?] at St Louis aforesaid
and then and there [illegible]
of the said Inla[?] and with
and [illegible]
and then and there the said Inla a quiet many blows and[?]
and then and there and the said
Julia and left and detained for a [illegible]
then without any and [illegible] for a long space of time
to [illegible] day, when
the said [illegible] and all [illegible] that [illegible] this above [illegible] when the aforesaid

---

**Page 2** (6733_002.jpg)
grievances were ant at [illegible]
and [illegible] to and [illegible] the the first
day of march in the year 1851 [illegible] the said
Julia was and still is a free person and that even
the said Samuel there and then hold [illegible] and detained her, and still holds
and detains her in slavery slaverycontrary to[?] and against the will and
consent of the said Julia sad Julia then and there was not only injured by and blows and [illegible] and than greatly injured
ant [illegible] by above aid [illegible] than and [illegible] of [illegible] and to the [illegible] day [illegible]
of the said Julia \$500 and [illegible]

*[illegible]*

---

**Page 3** (6733_003.jpg)
> *Legal Function: Plaintiff's Complaint Part 2*

To the honorable William C. Carr judge of
the circuit court of St Louis county
your petitioner Julia a woman of
color represents to ; that she was born in the state of [illegible] the slave
of [illegible] about twenty five years
[illegible] Said the [illegible] sael [illegible]
to [illegible] and that
after the death of the said Asa
his [illegible] son emigrated to fiche county and state of Illinois and [illegible] and [illegible]
ant [illegible] that the said widow of [illegible] and his son your petitioner with to Fiche County in the state of
Illinois where and at which place she than eight weeks and then days; that she
was then taken to Lousiana fiche County
in the state of Missouri when she seven months; that there said [illegible]
[illegible] the that [illegible] for Lousiana

---

**Page 4** (6733_004.jpg)
and [illegible] to the [illegible] of
[illegible] and [illegible] of [illegible] of [illegible] what she [illegible] a [illegible] and there day [illegible]
the said [illegible] to
[illegible] Lous and [illegible] of [illegible] she is now [illegible]
[illegible] is [illegible] and [illegible] that the above [illegible] and
[illegible] to [illegible] on [illegible] she is [illegible] is [illegible]
why of [illegible] your [illegible]
may [illegible] to [illegible] to [illegible]
and that [illegible] the [illegible] any
[illegible] a [illegible] and [illegible] and [illegible] to
your [illegible] to [illegible]

*[illegible]
to [illegible] for [illegible]
march 10th 1831 [illegible] [illegible] X [illegible]*

---

**Page 5** (6733_005.jpg)
> *Legal Function: Order*

State of Missouri Third Judicial Circuit Court
It is hereby ordered that on the foregoing peti-
tion, the subscriber hereto, Julia , be permitted
to sue as a poor person to establish her right to
freedom and George F .Sholker esquire[?] is
assigned as her counsel. It is also ordered
that the said Julia have reasonable liberty
of attending her said counsel and the court whenever occasion may require and that
the said petitioner shall not be taken or
removed out of the jurisdiction of the court nor
be subjected to any severity because of her
application for freedom. Given under
my hand at my chambers this 11th day of
March 1831.

*Will . C. Carr judge 3 circuit*

---

**Page 6** (6733_006.jpg)
> *Legal Function: Caption*

No. 66___
Julia a woman
of color
vs
Samuel
[illegible] to [illegible]
filed March 10th 1831

---

**Page 7** (6733_007.jpg)
> *Legal Function: Subpoena for Samuel M. Kinney*

St louis circuit court march
term 1831-
St louis county to wit
Barly and Samuel P. Barly
complain of [illegible]
State of Missouri - Third Judicial Circuit Court . It is hereby ordered that on the foregoing petition
the subscriber thereto, Julia , be permitted to sue as a poor person to establish her right to freedom
and George F Strosher esquire is assigned as her counsel. It is also ordered that the said Julia
have reasonable liberty of attending her said counsel and the court whenever occasion may
require and that the said petitioner shall not be taken or removed out of the Jurisdiction
the Court nor be subjected to any severity because of her application for freedom - Given
under my hand at my chambers this 11th day of March 1831-

*Will C Carr
Judge 3rd Circuit
A true copy of the order of the judge permitting the plaintiff to sue
Archibald Gamble Clerk*
> *Legal Function: Caption*

No 66
St St. Louis Circuit Court
March Term 1831
Julia a woman
of color
vs
Samuel [illegible]
This is an action
of assault & [illegible]
and false imprisonment -

*[illegible]
Filed 11th march 1831
Archibald Gamble Clerk*
> *Legal Function: Certificate of Execution*

Executed this writ on Samuel Mckinney by offering
to read it and the declaration to him which
he refused to hear read and acknowledged the
Circuit of the law in The city of St Louis on the
11th day of March 1831

*K Walker Sheriff [illegible] Server $ 1,00*

---

**Page 8** (6733_008.jpg)
> *Legal Function: Subpoena*

County of Siant Louis ss
The State of Missouri
To the Sheriff of the county of Saint Louis Greeting
We command you to summon Samuel Mckinney 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 Saint Louis on the fourth monday of March instant then and
there to answer unto Julia a woman of color who by the permission
of the court sues in forma pauperis of a plea of trespass to the damage
of the said julia \$500 and have you then there this writ

*Witness Archibald Gamble clerk of our said circuit
court at office this Eleventh day of March One
thousand Eight Hundred and thirty one Archibald Gamble Clerk*

---

**Page 9** (6733_009.jpg)
> *Legal Function: Defendant's Answer*

[illegible] Court for St Louis County
coloured Person
[illegible]
And the said Samuel Kinney by his Attorney Geo. D. Shaw
[illegible] defends the force and injury been
[illegible] that he is not guilty to his charge or any [illegible] thereof in
and form as the said plaintiff hath
[illegible] of complained against him and of this defendant puts himself upon the county

*Geo. D. Shaw [illegible] [illegible] april 1831 [illegible]*

---

**Page 10** (6733_010.jpg)
> *Legal Function: Caption*

[illegible]
[illegible]

*filed april 10th 1831 [illegible]*
> *Legal Function: Caption Part 2*

[illegible] counsel to [illegible] filed in this case - Book 6[?] -- page 105
[illegible] to [illegible] 273
dgment for defendant 448 />[?]

---

**Page 11** (6733_011.jpg)
> *Legal Function: Order to Judge or Justice of the Peace of Illinois*

COUNTY OF ST. LOUIS , SCT.
State of Missouri , TO ANY JUDGE OR JUSTICE OF THE PEACE 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 Julia (a woman of color) Samuel MKinney
their attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administerred,) touch-
ing 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 Julia (a woman of color) is plaintiff and Samuel MKinney
is defendant, on the part of the said plaintiff, and having reduced the said
depositions 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 Third day of June In the
year of our Lord one thousand eight hundred and twenty thirty one Archibald Gamble Clerk, C. C.*
> *Legal Function: Order to Judge or Justice of the Peace of Illinois Part 2*

Julia (a woman of color)
vs
Samuel M Kinney
In Vacation 3rd June 1831
Clerks office of the St St. Louis Circuit Court
On the applciation of the attorney for the plaintiff it is ruled that
a Dedimus to any Judge or Justice of the peace of the state of
Illinois to take the depositions of of witnesses to be read in evidence on
the trial of this cause on the part of the plaintiff

*a True Copy of the Rule
Archibald Gamble Clerk*

---

**Page 12** (6733_012.jpg)
> *Legal Function: Caption*

Julia
vs
Samuel MKinney
[illegible]

*Leonard Rofo[?] Rofo[?] Henry J Rofo[?] [illegible]*

---

**Page 13** (6733_013.jpg)
> *Legal Function: Notice of Deposition*

Julia a woman of color
vs
Samuel M Kinney
In the St louis Circuit Court
To Julia the above named plaintiff
Take notice that I Shall attend at the Post Office
in the Town of taples int he state of Illinois on the
thirteenth day of July instant between the hours
of six O clock in the forenoon and six O clock in the afternoon of that day then and there to take the
depositions [illegible] to be read in evidence on
the trial of the above cause when and where
you can attend

*july 4 1831
Samuel M Kinney by
[illegible]*

---

**Page 14** (6733_014.jpg)
> *Legal Function: Certificate of Service*

I acknowledge the service of the within notice on me as attorney
for Julia the plaintiff as a service on the plaintiff

*july 4, 1831 [illegible]*
> *Legal Function: Caption*

Julia
vs
Sam M kinmey
Notice

---

**Page 15** (6733_015.jpg)
> *Legal Function: Order to any Judge or Justice of Illinois*

COUNTY OF ST. LOUIS , SCT. State of Missouri , 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 com-
mand you that you cause to come before you such person or persons as shall be named to you by Samuel
MKinney- or Julia (a woman of Color) - their ___________ attorney
or agent, and him or them examine upon his, her or their corporeal 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 Julia (a woman of color)
is plaintiff and Samuel MKinney ------------ 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 you seal, to our said Cir-
cuit Court, with all convenient speed.

*WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this fourth day of July in
the year of our Lord, one thousand eight hundred and thirty- one Archibald Gamble Clerk, C. C.*
> *Legal Function: Order to any Judge or Justice of Illinois Part 2*

Julia (a woman of color)
vs
Samuel MKinney
In Vacation July 4th 1831
Clerks office of the St St. Louis Circuit Court
On the application of the attorney for the defendant it is Ruled
that a Dedimus to any Judge or Justice of the peace of the State
of Illinois to take the depositions of witnesses to be read in evidence on
the trial of the above cause on the part of the defendant

*a True copy of the Rule
Archibald Gamble Clerk*

---

**Page 16** (6733_016.jpg)
> *Legal Function: Affidavit*

I William R Smith a justice of the peace within and
for the County of Morgan and State of Illinois do
Certify, that in pursuance of the within commission and notice
personally come before me at the Post office in [illegible] in
the County and State last aforesaid Joseph . [illegible]
and Benjamin,L,Mathews who were there by me sworn and
examined, and such examination reduced to and
subscribed by them respectively in my presence, and their said
depositions are now herewith returned :-

*Given under my hand and seal
at Taples in the County of Morgan and
State of Illinois this 13th day of July A D 1831 WIll.R.Smith. Justice Peace*

---

**Page 17** (6733_017.jpg)
> *Legal Function: Deposition of Joseph Bennett, Benjamin L. Mathews, Leonard Ross, William Ross*

Depositions of Witnesses produced [illegible] and examined at
the post office in the Town of Staples in the county of morgan
and State of Illinois before me a justice of the peace of
the county aforesaid in a certain cause now [illegible] in the
Circuit Court of the county of Saint louis State of Missouri
between Julia a woman of color plaintiff and Samuel M Kinney defendant - on the part of the defendant
Joseph J Bennett of lawful age being produced sworn
and examined on the past of the defendant and sayeth
that this on their arrival
in pike county Illinois slept at his cabin and remained there a few weeks without having or renting the cabin for
any particular or specified time merely holding it as a
temporary shelter by his permission. And that he heard his Carrington as will Joseph Carrington frequently say that
they would not or had no intention of making a
slave of Juliathe plaintiff in this cause in the state of
Illinois and [illegible] this [illegible] say he not -

*Joseph J Bennett*
> *Legal Function: Affidavit*

I William R Smith a justice of the peace as aforesaid do certify
that Joseph J . Bennett the deponent was by me sworn to testify the
whole truth of his knolledge touching the matter in controversy in the
cause aforesaid. That the deponent was examined and his examination
reduced to [illegible] and subscribed by said deponent in my [illegible]
On the thirteenth day of July in the year of our Lord One thousand
eight hundred and thirty one between the hours of six in the morning and six in the after noon at the post office at taples in[?] the county and state aforesaid

*Given under my hand and seal
the 13th day of July A D. 1831 [illegible]*

---

**Page 18** (6733_018.jpg)
> *Legal Function: Deposition*

Benjamin L Mathews of lawful age being produced sworn and examined on the part of the defendant aforesaid and sayth
that Julia the plaintiff in the above cause was taken to
Missouri and hired out to service in Missouri - that she
became sick in Missouri and remained sick for some time
-that she was taken back to New Carrington in Pike county
in Illinois to be nursed and restored to health that while at New Carrington she was not employed in any
kind of work but was nursed and restored to health-
and that as soon as she was able to work she was taken to
Saint Louis and sold - tha he was the individual
who took the plaintiff from Missouri to New Carrington
when sick and that he heard New Carrington say before
the plaintiff was brot[?] back to her house that as soon as
Julia the plaintiff was recovered she would send her back to Missouri and sold or hired out to some person other than the one who had hired at that time and
as her reasons for doing so she said that Mr Stuart her
employer was not such a man as she wanted Julia to be
with - And that he has [illegible] frequently heard both Carring - ton and Joseph Carrington say that they had no inten -tion[?] of making a slave of Julia in the state of Illinois

*Benjamin J Mathews*
> *Legal Function: Affidavit*

I Will R Smith a Justice of the the peace within and for the county of
Morgan State of Illinois as here by certify that Benjamin L Mathews
the deponent was by me sworn to testify the whole truth of his knolledge
[illegible] the controversy in the cause aforesaid. That deponent was examined
and his examination reduced to meeting and subscribed by the said deponent
in my presence on the thirteenth day of July in the year eighteen hundred
and thirty one. between the hours of six in the morning and six in
the afternoon at the postoffice in Taples in the county and state aforesaid
Given under my hand and seal the 13th day of July A D. 1831

*William R Smith*

---

**Page 19** (6733_019.jpg)
> *Legal Function: Deposition*

Leonard of age deposeth[?] &
[illegible] that some time in the fall of
1830 that Josep G Carrington[?] did put up
at my house, & had with him one
woman going to, Missouri for the purpose
as he said of hiring, & something about eight or nine months after I seen him the
said Carrington return or some other person with said female who reported sick &

*[illegible]*
> *Legal Function: Deposition Part 2*

William Scholles of lawful[?] age being sworn deposeth & saith that sometime in[?] the
year of 1830 I saw Joseph G Carrington
this place with a woman of colour said
Carrington, said that he was going to [illegible]
for the purpose of selling said woman & that the said Carrington asked
his opinion with regard to the right he
the [illegible] had for [illegible] doing, said not know said Carrington woman of colour had at that time Resided this state further saith some
time before the above he saw the Carrington this place with the [illegible]
female going to [illegible] for the purpose
of hiring the [illegible] [illegible] woman of colour

*[illegible]*

---

**Page 20** (6733_020.jpg)
> *Legal Function: Subpoena for Leonard Ross, Henry Ross, Andrew Phillips, William Ross*

State of Illinois Pike County
The people of the state of Illinois & Andrew Philips; Whereas I the undersigned, a Justice of the peace, in, and for the county Pike &
state of Illinois, have received a [illegible]
out of, and under the seal of the circuit court
in & for the county of St Louis , State of Missouri
and to me directed for the examination of, in a certain cause non pending and mined in the said circuit court, between Julia
(a woman of colour) Plaintiff & Samuel J Mkinney
defendant and whereas, I am informed that your one material witness for the Plaintiff, in the said suit
suit; I therefore, by virtue of the said require you and each of you [illegible]
personally to be and appear before me at the court
house in the town of in the said county
of Pike ,, on monday the 23rd day of July [illegible] at
the hour of ten O Clock in the forenoon of said
day, then & there to be examined and to testify
the truth in relation to the said matter in
controversy; according to the best of your know ledge , on the part and behalf of said plaintiff Thereof fail not, under the penalty of the
what the law directs, Given under my hand & seal this at this 18th day July A D 1831

*[illegible]*

---

**Page 21** (6733_021.jpg)
> *Legal Function: Caption*

Julia a woman of colour
vs
Samuel Mkinney
Subpoena

*Leonand Rop Henry [illegible] Rop [illegible] Philips Hillium Rop ([illegible] to [illegible]) [illegible] (Deceased) [illegible] the within subpeonu*
> *Legal Function: Certificate of Execution Part 2*

|   |   |
|---|---|
| Servis | 371/2 |
| Sruart | 1.25 |

*Seth. B. [illegible] [illegible]*

---

**Page 22** (6733_022.jpg)
> *Legal Function: Deposition of Henry Ross and William Ross*

State of Illinois Pike County ss
Henry of [illegible] of lawfull age being duly sworn
Deposeth and saith that some time in the
autumn or fore fourt of winter of 1829 in a conversation
which he had with Joseph G Carrington the said
Carrington told him he had a Black girl he wanted
to hire out if he could safely do it in [illegible] and
wished him to hire her he told him he would examine
the law and hire her if the law would
justify him afterwards.I became satisfied he
could not safely do it

*Henry Rop Sworn and Subscribed before one
This 26th day of July A 1831 [illegible] Justice of the Peace
Pike county State of Illinois*
> *Legal Function: Affidavit*

I do hereby certify, that the above depositions of Leonard
Rops. William Rop and Henry . [illegible] Rops, were sworn to and signed by
the deponents, before me, and in my presence; and that the said Depositions
were completed by one on the twenty sixth day of July A 1831. at the office
of the clerk of the Circuit Court in [illegible] Pike county and State of Illinois
between the hours of nine o clock in the forenoon, and five o clock in the
evening of said day. Given under my hand and seal this twenty
sixth day of July A D 1831

*[illegible]*

---

**Page 23** (6733_023.jpg)
> *Legal Function: Caption*

Depositions of [illegible]

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

State of Illinois
Pike County [illegible] ss
I, William Scholles[?] clerk of the County
Commisioners Court, for said County
do hereby certify, that James whose name
appears [illegible] the within certificate was on the day the
day the same was made, an acting Justice of the
Peace, in and for said County, regularly commission
and qualified, and that as such, full faith and
[illegible] and [illegible] of right ought to be given
to all his official acts

*In testimony have subscribed
my name and [illegible] the seal of the
County Commisioners court of said county at
[illegible] this [illegible] day of July [illegible] 1831 [illegible]*

---

**Page 24** (6733_024.jpg)
> *Legal Function: Subpoena for Ross*

COUNTY OF ST. LOUIS , Sct. State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon [illegible]
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on the tenth day of August instant at the City of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia (a woman of color) is plaintiff, and
Samuel MKinney___ is defendant, on the part of the
plaintiff ; and have you then there this writ.

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

---

**Page 25** (6733_025.jpg)
> *Legal Function: Caption*

[illegible]
[illegible]

*[illegible]*
> *Legal Function: Caption Part 2*

July term 1831
Julia
vs
Samuel Mkinney
[illegible]

*for plaintiff*
> *Legal Function: Certificate of Execution*

[illegible] not found

*[illegible] [illegible]*

---

**Page 26** (6733_026.jpg)
> *Legal Function: Subpoena for John Best and Jacob Booker*

COUNTY OF ST. LOUIS , SCT. State of Missouri , To the Sheriff of St Louis County--Greeting.
You are hereby commanded to summon John John Beat & Jacob
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court ,on the forthwith day of at the City of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia is plaintiff, and
Samuel Mckinney is defendant, on the part of the [illegible] ; and have you then there this writ.

*WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of August in
the year of our Lord one thousand eight hundred and thirty- One A Gamble Clerk, C. C.*

---

**Page 27** (6733_027.jpg)
> *Legal Function: Certificate of Execution*

Served this writ on [illegible]
per the 19th Aust 1831 Cooper not found

*[illegible]
sheriff*
> *Legal Function: Caption*

> *Legal Function: Caption Part 2*

July 1831
Julia
vs
Samuel M Kinney
for

*[illegible]
of Jacob [illegible]*

---

**Page 28** (6733_028.jpg)
> *Legal Function: Bill of Costs*

In the circuit court of St louis county [illegible]
Julia a woman of colour
vs
Samuel M Kinney
Bill of cash
|   |   |
|---|---|
| 1 subpence | $//., 18 3/4 |
| 3 Oaths | $//., 18 3/4 |
| talking & Depositions contuing 5
jolis of yes wards cash @ 92 1/2 | ,,621/2 |
| constable.s pe on remainy subsera - | /,, 621/2 |
| attenance of 3 ssitropes @ ,, 50th wash.. | /,, 50 |
| | $ 4,, 12 1/2 |
| alenths certificated seal | ,, 50 |
| | that 4,,b21/2 |

---

**Page 29** (6733_029.jpg)
> *Legal Function: Caption*

Julia
vs
Samuel Mkinney
Depositions
files opened
19th august 1831

---

**Page 30** (6733_030.jpg)
> *Legal Function: Subpoena for James A. McKinney*

COUNTY OF ST. LOUIS , SCT. State of Missouri , To the Sheriff of St Louis County---Greeting.
You are hereby commanded to summon James G A MKinney
that setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit Court , on the forthwith day of at the City of St. Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia plaintiff, and
James MKinney defendant, on the part of the
; and have you then there this writ.

*WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this 19th day of Augst in
the year of our Lord one thousand eight hundred and thirty- one A Gamble Clerk, C. C.*

---

**Page 31** (6733_031.jpg)
> *Legal Function: Certificate of Execution*

Served this writ on Sam.
Kinney on the 19th Augst 1831. in the city of St Louis

*[illegible] 50
[illegible]*
> *Legal Function: Caption*

July 1831
Julia vs Mkinney
for

*[illegible] [illegible] [illegible]*

---

**Page 32** (6733_032.jpg)
> *Legal Function: Notice to Take Deposition*

St St. Louis Circuit Court
Julia a Woman of Colour
Samuel M Kinney
Action for freedom
Attorney for Plaintiff in the above entitled cause
case [illegible] take [illegible] there on the Third day of
October next between the hours of One and six of
the clocks of the after noon of said day at the store
of Phineas Block in the town of Louisana in
the County of Pike and State of Missouri the
deposition of witnesses will be taken to be read in evidence
in the trial of the above entitled case on the [illegible]
defendants, where and when you may attend if you please

*September [illegible] 1831 [illegible] on
[illegible] defendant*

---

**Page 33** (6733_033.jpg)
> *Legal Function: Certificate of Execution*

On this fifth day of September in the
year 1831, attorney
for the within named Plaintiff hereby
acknowledge service of a written notice
of which the is a copy

*I acknowledge a copy of the written notice was left with me
[illegible]*
> *Legal Function: Caption*

St St. Louis Circuit Court
Julia vs Samuel M Kinney
notice to take
deposites

*[illegible]*

---

**Page 34** (6733_034.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois*

COUNTY OF ST. LOUIS , SCT. State of Missouri , 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 com-
mand you that you cause to come before you such person or persons as shall be named to you by Julia
(a woman of color) or Samuel MKinney - their attorney
or agent, and him or them examine upon his, her or their corporeal 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 Julia
is plaintiff and Samuel MKinney- is 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 Cir-
cuit Court, with all convenient speed.

*WITNESS, ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this twenty eighth day of September in
the year of our Lord, one thousand eight hundred and thirty-one Archibald Gamble Clerk, C. C.*
> *Legal Function: Affidavit*

Julia (a woman of color)
vs
Samuel M Kinney
In Vacation 28th September 1831
Clerks office of the St St. Louis Circuit Court
On the 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 in evidence on the
trial of the above cause on the part of the Plaintiff

*A True Copy of the Rule
Archibald Gamble Clerk*
> *Legal Function: Affidavit*

The [illegible] of [illegible] appears
by the schedule
march 23d 1832

*Andrew Philips*

---

**Page 35** (6733_035.jpg)
> *Legal Function: Caption*

Julia vs Mkinney
filed opened Oct
14th 1831

*A Gamble [illegible] Phineas Block
for defendant*
> *Legal Function: Caption Part 2*

to be handed
to lawyer

---

**Page 36** (6733_036.jpg)
> *Legal Function: Subpoena for Ross, John Bent, Jacob Cooper, and James A. McKinney*

COUNTY OF ST. LOUIS , SCT. State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon [illegible] John Bent - Jacob Cooper
and James G A MKinney
that setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit Court , on the 7th day of December next at the City of St.Louis , then
and there to testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia (a woman of color) is plaintiff, and
Samuel MKinney is defendant, on the part of the
plaintiff; and have you then there this writ.

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

---

**Page 37** (6733_037.jpg)
> *Legal Function: Caption*

November Term 1831
Julia
vs
Samuel M Kinney
[illegible]

*+[?] James G A MKinney 23 +[?] John Bent 15 + Jacob Cooper 15 [illegible]*
> *Legal Function: Certificate of Execution*

Executed this writ on John Bent Jacob
Cooper 15 and James G A MKinney 23 23
of November 1831 in St Louis Ross
not found

*John K Walker [illegible] [illegible]*
> *Legal Function: Certificate of Execution Part 2*

|   |   |
|---|---|
| [illegible] | 150 |
| [illegible] | 121/2 |
| | 1,621/2 |

---

**Page 38** (6733_038.jpg)
> *Legal Function: Defendant's Exceptions to Depositions*

Julia
vs
Samuel MKinney
The said defendant excepts to the depositions taken on the
part of the plainiff in the above case for the following
reasons
1 That said depositions were taken without legal notice
of the time and place of taking them
2 That it does not appear that said depositions were
reduced to writing in presence of the Justice of the peace
3 That it does not properly appear that the witnesses
were sworn
4 That the said depositions are not properly certified
or authenticated

*AB Gamble*

---

**Page 39** (6733_039.jpg)
> *Legal Function: Caption*

Julia
vs
M Kinney
Exceptions to depositions

*filed Decr 2nd 1831
A Gamble
clk*

---

**Page 40** (6733_040.jpg)
> *Legal Function: Affidavit of Dennis Rockwell*

State of Illinois Morgan county SS
I Dennis Rockwell clerk of the county
commisioners court of said county
do certify that William R Smith
before whom the foregoing depositions
of Joseph J Bennett and Benjamin
F Mathews were taken, was on the thirteenth
day of July Eighteen Hundred and
thiry one a Justice of the peace within
and for the county of Morgan ,
duly commisioned, and serve
into office as required by Law.

*Given under my
hand & the seal of court
this fourteenth day of
October Eighteen Hundred
and thirty one. Dennis Rockwell*
> *Legal Function: Caption*

Julia
vs
MKinney
Opened & filed

*decs 5th 1831 A gamble
Clk
Dept of Joseph J Bennett
for defendant*

---

**Page 41** (6733_041.jpg)
> *Legal Function: Subpoena for Ross, James McKinney, John Best, and Jacob Cooper*

COUNTY OF ST. LOUIS , SCT. State of Missouri , To the Sheriff of Saint Louis County---Greeting.
You are hereby commanded to summon - James G. A. MKinney
John Bent & Jacob Cooper
that setting aside all manner of excuse and delay, they be and appear in proper person before the
Judge of our Circuit Court , on the Thirtieth day of march next at the
City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now
pending in our said Court, wherein Julia is
plaintiff, and Samuel MKinney is defendant, on the part of the plaintiff; and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said
Circuit Court , at the City of St. Louis , this Eighteenth
day of February in the year of our Lord one
thousand eight hundred and thirty- two Archibald Gamble Clerk C. C.*

---

**Page 42** (6733_042.jpg)
> *Legal Function: Caption*

March Term 1832
Julia
vs Samuel MKinney
for

*James G A MKinney + John Bent 6 + Jacob Cooper 27 on 30th march*
> *Legal Function: Certificate of Execution*

Executed this writ on Jacob Cooper 27th July - on John Bent 6th of March
1832 in the city of St Louis James G MKinney not found

*John K [illegible] [illegible]*
> *Legal Function: Certificate of Execution Part 2*

|   |   |
|---|---|
| [illegible] | [illegible] |
| [illegible] | 12 1/2 |
| | [illegible] |

---

**Page 43** (6733_043.jpg)
> *Legal Function: Notice to Take Deposition*

Julia a woman of color
vs
Samuel M Kinney
In the St louis Circuit Court
la said Defendants
Sir, on the 23rd day of March instant at the dencling house of mimead
Philips in the
County of Pike & State of Illinois at a place
near Philips ferry on the Illinois River Between
the hours of 8 O clock a m & 6 O clock
P. M. I shall take the deposition of witnesses
to be read in under in this cause

*March 13th 1832
[illegible] [illegible]*

---

**Page 44** (6733_044.jpg)
> *Legal Function: Caption*

Julia
vs
M Kinney
nature of taking
Depositions
Service this notice
on S. M. Kinney
by reading it to
him in the city of
Stlouis on the

*14 - March 1832
John Walker
Shff
sum 500*

---

**Page 45** (6733_045.jpg)
> *Legal Function: Plaintiff's Exceptions to Defendant's Depositions*

Julia a woman of color
vs
Samuel M Kinney
In St St. Louis Circuit Court for freedom
The said plaintiff comes & files her depositions
to the reading of all the depositions taken & filed in the part of the defendant & specifies her reasons for her depositions.
1 That no legal notice has been given to said
plaintiff of the time & place of taking said
depositions
2 That said Depositions have not been taken pursuant to notice
3 That said Depositions do not appear to have been taken before any important authority
4 That said Depositions are within authenticated as the law requires they should be

*[illegible]
[illegible]*

---

**Page 46** (6733_046.jpg)
> *Legal Function: Caption*

Julia
vs
Samuel M Kinney
Depositions to defendants

*Depositions filed filed March 27th
1832 A Gamble clk overruled*

---

**Page 47** (6733_047.jpg)
> *Legal Function: Motion for Continuance*

This affiant beleives[?] that the only witnesses by whom
Plaintiff can prove her right to freedom reside in Pike County Illinois & he knows of no other
witnesses by whom the same facts can be proved which she [illegible] to prove by said many & Philips & he believes from what
states to him that she knows of the matter

*[illegible]*

---

**Page 48** (6733_048.jpg)
> *Legal Function: Caption*

Julia
vs
M Kinney
affidavit for
a continuance

*filed april 11th 1832
AGambleclk[?]*

---

**Page 49** (6733_049.jpg)
> *Legal Function: Subpoena for Ross, James McKinney, John Bent, Jacob Cooper*

County Of St. Louis -SCT. Sate of Missouri , To the Sheriff of St. Louis county-Greeting.
You Are Hereby Commanded To Summon & James J MKinney
John Bent and Jacob Cooper
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 27th day of July next
at the City of St. Louis , then and there to testify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein Julia is
plaintiff, and Samuel MKinney is
defendant, on the part of the plaintiff
and have you then there this writ.

*Witness: Archibald Gamble , Clerk of our said Circuit Court ,
at the City of St. Louis , this 29th day of
June in the year of our Lord one thousand
eight hundred and thirty two
Archibald Gamble Clerk C. C.*

---

**Page 50** (6733_050.jpg)
> *Legal Function: Caption*

July Term 1832
Julia
vs
Samuel MKinney
for plaintiff

*Rojo James S MKinney John Bent 11 Jacob Cooper 2[?] on 27th July*
> *Legal Function: Certificate of Execution*

Exceutive this writ on Jacob Cooper on &[?] on John Bent
the 18th day of July 1832 by reading it to them in
the city & county of Saint Louis -[illegible] and James
G MKinney not found in my county

*John K Walker Sheriff
By [illegible] Brotherton [illegible]*
> *Legal Function: Certificate of Execution Part 2*

|   |   |
|---|---|
| senior | $ 1.00 |
| [illegible] | 25 |
| | $ 1.25 |

---

**Page 51** (6733_051.jpg)
> *Legal Function: Order to any Judge or Justice of Peace of the State of Illinois*

COUNTY OF ST. LOUIS , SCT.
State of Missouri , To any Judge or Justice of the Peace of the state of Illinois --GREETING.
WE, reposing special trust and confidence in your itegrity 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 Julia a woman of color or by Samuel MKinney --- their attorney or agent, and him 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 Julia
is plaintiff and Samuel MKinney
defendant on the part of the plaintiff and having so 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 fifth day of July in the year
of our Lord, one thousand eight hundred and thirty two Archibald Gamble Clerk, C. C.*
> *Legal Function: Order to any Judge or Justice of Peace of the State of Illinois Part 2*

A farm of Heading Depositions
The Depositions of here insert the names of the
Deponents taken before me Andrew Philips
a Justice of the Peace within & for the County of ? Pike & State of Illinois at his
dwelling house situate in said County on the Bank of the Illinois river at a
place called Philips Ferry between the
hours of eight O clock in the forenoon & Six Oclock in the afternoon of that
day to be read in evidence in a certain matter in controversy in the Circuit Court
of St Louis County pending in which Julia a woman of color is plaintiff
& Samuel MKinney is defendant on the part of the plaintiff
[illegible] of lawful age being sworn &

---

**Page 52** (6733_052.jpg)
[illegible] in the part of the plaintiff deposes &
says here insert the statement of the witness
at the end of deposition should be a certificate in the following form. I Andrew Philips a Justice of the Peace within & for the County
of Pike & State of Illinois do hereby certify that the above named deponents here insert their names were by me duly
sworn to testify the whole truth of their knowledge touching the matter in controversy
aforesaid that their examination was reduced to writing & by them respectively subscribed in my presence on the day
at the place & between the hours in
that behalf first aforesaid

*[illegible]*
> *Legal Function: Order to any Judge or Justice of Peace of the State of Illinois Part 3*

The depositions should be then sealed as
follows.
> *Legal Function: Order to any Judge or Justice of Peace of the State of Illinois Part 4*

Julia
vs
Samuel MKinney
In the clerk of the Circuit Court at at St Louis , Missouri

---

**Page 53** (6733_053.jpg)
> *Legal Function: Plaintiff's Exceptions to Defendant's Depositions*

Julia
vs
Samuel J Mkinney
The defendant excepts to the depositions of [illegible]
[illegible] and Anna Beckerdike filed by plaintiff
for the following [illegible]
1 There was no notice of the time & place such depo-
sition given the defendant
2 There was no legal and sufficent notice of
the time and place of taking said depositions
given the defendant
3 That the said witnesses were not duly sworn
4 That the deposition are not taken according
to notice
5 That the depositions are not duly certified by
the justice of the peace
6th that the depositions are not sufficiently au
-thenticated[?]
7 That there no sufficient evidence of the
official character of the justice of the peace
before the whom depositions were taken

*ARGamble[?]*

---

**Page 54** (6733_054.jpg)
> *Legal Function: Caption*

Julia vs S J MKinney
Exceptions to depositions

*filed july[illegible] 1832 AGClk[?]*

---

**Page 55** (6733_055.jpg)
> *Legal Function: Subpoena for Ross, James A. McKinney, John Bent, Jacob Cooper*

COUNTY OF ST. LOUIS --SCT.
State of Missouri , To the Sheriff of St. Louis County --[?] GREETING.
YOU ARE HEREBY COMMANDED TO SUMMON - James G A MKinney John Bent - Jacob Cooper
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit Court , on the 4th day of December next
at the City of St. Louis , then and there to testify and the truth to say in a certain matter of
controversy now pending in our said Court, wherein Julia (a woman of color) is
plaintiff, and Samuel MKinney is
defendant, on the part of the plaintiff
and have you then there this writ.

*WITNESS: ARCHIBALD GAMBLE, Clerk of our said Circuit Court ,
at the City of St. Louis , this 2nd day of
November in the year of our Lord one thousand
eight hundred and thirty- two Archibald Gamble Clerk C. C.*
> *Legal Function: Caption*


---

**Page 56** (6733_056.jpg)
November Term 1832
Julia
vs
Samuel MKinney
for plaintiff

*[illegible]
\+ James G A MKinney 8
John Bent
\+ Jacob Cooper 9
on 4th December*
> *Legal Function: Certificate of Execution*

Executed this writ on GA MKinney
on the 8th Nov and on Jacob Cooper on the 9th Nov 1832 by reading the same
to them in the County of St Louis
John Bent not found in
my County

*John R Walker Sheriff
By J. Blood Dept Sheriff*
> *Legal Function: Certificate of Execution Part 2*

|   |   |
|---|---|
| [illegible] | $ 1.00 |
| [illegible] | 12 |
| | 1.12 |

---

**Page 57** (6733_057.jpg)
> *Legal Function: Notice to Take Depositions*

Julia a woman of color
vs
Samuel J MKinney
In the Circuit Court , for the County
of St Louis ,, State of Missouri . To Julia the above named plaintiff and Gustavus A
Bird her attorney
YOU ARE HEREBY NOTIFIED, That Depositions of Witnesses to be read in
evidence in the above cause, on the part of the Defendant, will be taken, at
the office of Archibald Williams in the town of Quincy
in the County of Adams and State of Illinois , on the eighteenth
day of March next, between the hours of 8 o'clock in the
forenoon, and 6 o'clock in the afternoon. and also at the court house
in Pittsfield in the county of Pike in the state of Illinois
on the twenty seventh day of March next between the hours
of sixOclock in the forenoon and six Oclock in the afternoon
and if it be necessary to continue the taking of such depositions
at either of the above places heyond the day appointed for taking
them at such place the taking thereof will be continued from day to
day at the same place and between the same hours until the whole shall be completed

*AR Gamble for [illegible] February 27th 1834*

---

**Page 58** (6733_058.jpg)
> *Legal Function: Certificate of Execution*

This notice duly served February 27th 1836 and I agree
that depositions taken in pursuance thereof may
be read in evidence in the suit of [illegible] (who
is the child of Julia ) against Samuel JMKinney[?]
subject to all exceptions that they would be able to,
if they were taken in that case in the form in which
they may be returned

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

Julia vs. M Kinney
notice degrement

---

**Page 59** (6733_059.jpg)
> *Legal Function: Plaintiff's Affidavit *

Julia a woman of color vs Samuel M Kinney
Suit for freedom in St Louis
Circuit Court Missouri
Gustavus A Bird on behalf of Said Plaintiff says he as one of the [illegible] for the Plaintiff
of her as to her right to freedom & the witnesses
by whom she could prove that right & was informed
that the most material for her were Philips & Andrew Philips & the family
of said living in Illinois - the affiant causes a notice
to be served on the defendant that on the 23rd day
of March last at the dwelling house of
Philips in Pike County & State of Illinois near a place called Philips Ferry on the Illinois river between
the hours of 8 O Clock A.M & 6 Oclock PM
of that day plaintiff wants take the depositions
of witnesses to be read in evidence in said cause
This affiant says Said notice was served on defendant
at St Louis on the 14th day of March last &
that the distance from St Louis to the residence
of said Philips is next [illegible] one hundred & twenty miles - This affiant says that on the 29 [illegible]
day of March & pursuant to said notice he attended
at the place mentioned in said notice for the
purpose of taking said depositions that on
arriving there he found that said Philips was dead - but this affiant proceeded to take depositions at the late residence ofsaid Philips
on the day & between the hours specified in
said notice - that he took the depositions of
daughter of said which depositions are here on file & which depositions state facts which this affiant
show that said Plaintiff is entitled to her freedom

---

**Page 60** (6733_060.jpg)
and to which depositions on file the [illegible] affiant refers
to show that they are material to the [illegible]
This affiant says he had never heard of the death of
said [illegible] Philips until after said notice was given & until this arrived near his late residence & he beleives the plaintiff had never[?]
heard of the death of said Philips untill she was informed of his death by this affiant This affiant[?] further says that after taking Said
Depositions he left the Depositions with the
Justice before whom they were taken for the
purpose of having the official character of
the Justice attested by the certificate of the clerk
of the County Commissions Court of Pike County & State of Illinois under the seal of Said Court & gave Said Justice the many
which he said was to defray the
[illegible] and said Justice agreed that he could
cause said depositions to be authenticated & put in the Post Office Pike County Illinois directed to the Clerk of the St St. Louis Circuit Court by the 26th of March last This affiant says that in the day Said Depositions were filed he took them out of the Post Office
at St Louis - that they came without being endorsed under the seal of the Justice
& without being authenticated & without any
certificate under the seal of the County Commissions
Court. This affiant says that at the Court
of the Plaintiff he has taken unusual care
to prepare this cause for trial at this term
& he beleives it is no fault of Plaintiff as her counsel[?] that said depositions are not authenticated
This affiant beleives the depositions of[?] said [illegible]
can be procured properly
authenticated by the Term of this court

---

**Page 61** (6733_061.jpg)
> *Legal Function: Deposition of Emily Stewart and Phineas Block*

Depositions of Witnesses produced service and exam
ined on the 3 day October in the year of our Lord One Thousand
Eight hundred & thirty one, between the hours of One and
Six O Clock in the afternoon of that day, at the Store House of
Phineas Block in the Town of Louisiana & County of Pike in
the state of Missouri ; before me S. N. , Justice of the Peace
within and for the County aforesaid in a certain cause now defending in the Circuit Court of the County of Saint Louis
in the State of Missouri , between Julia woman of color Plaintiff and Samuel M Kinney defendant on the part of the defendant
Emily Stewart of lawful age being produced sworn
and claimed on the part of the defendant deposith saith[?] that in December Eighteen sometime about the first day
December eighteen hundred & Twenty nine a certain color
woman named Julia was hired by Dr. Abraham Stewart
for the term of twelve months from Joseph G Carrington
and at the end of Eight or nine months the said
coloured woman Julia was returned to Carrington
on account of sickness

*Emily Stewart Sworn and Subscribed to before me, on the day, at
the peace, and within the hours first aforesaid
[illegible] Justice of the Peace*
> *Legal Function: Deposition of Emily Stewart and Phineas Block Part 2*

Phineas Block of lawful age, being duly produced sworn
and examined on the part of the defendant deposeth[?]
and saith, that sometime in December Eighteen hundred Twenty Nine, D A braham Stewart informed me[?] that he
hired a certain colou[?] woman named Julia for Twelve months, and that he saw her frequently in the employment of Sald Stewart

*Phineas Block
Sworn and Subscribed to before me on the day
at the place and within the hours first aforesaid
[illegible] Justice of the Peace*
> *Legal Function: Affidavit*

[illegible], a Justice of the peace within & for the
county of Pike, in the State of Misssouri, do hereby certi[?]
fy, that Emily Stewart, & Phineas Block, the deponents were
by me severally sworn to testify the whole truth of their
knowledge, touching the matter in controversy aforesaid
that they were examined, and their examination redu
-ced[?] to writing, &[?] by them, respectively subscribed in
my presence, on the day, between the hours, and at the
place in that behalf first aforesaid.

*[illegible]*

---

**Page 62** (6733_062.jpg)
> *Legal Function: Subpoena for Ross, James A. McKinney, John Best, Jacob Cooper*

COUNTY OF ST. LOUIS --SCT. State of Missouri , To the Sheriff of St. Louis County--GREETING.
You are hereby commanded to summon James G A MKinney John Bent - Jacob Cooper that setting aside all manner of excuse and delay; They be and appear in proper person before the
Judge of our Circuit Court , on the Twenty Eighth day of March next
at the City of St. Louis , then and there to testify and the truth to say, in a certain matter of controversy
now pending in our said Court, wherein Julia is
plaintiff, and Samuel MKinney is
defendant, on the part of the plaintiff
and have you then there this writ.

*WITNESS: Archibald Gamble , Clerk of our said Circuit Court , at the City of
St. Louis , this Twenty second day of February
in the year of our Lord one thousand eight hundred and thirty- three Archibald Gamble
Clerk C. C.*

---

**Page 63** (6733_063.jpg)
> *Legal Function: Caption*

March Term 1833
Julia
vs
Samuel MKinney
for plaintiff

*James G A MKinney
John Bent
John Bent
on 28th March*
> *Legal Function: Certificate of Execution*

Executed this writ on Jacob Cooper on
the 27th of July 1833 & on John Bent
2nd of March 1833 in St.Louis county

*[illegible]
John K Walker*

---

**Page 64** (6733_064.jpg)
> *Legal Function: Notice*

Samuel MKinney Sir
You will take notice that to friday,, I shall apply to the circuit court [illegible] in their sent [illegible]
the circuit court of St.Louis county where in
I plaintiff and you are defendant

*Julia woman of
color
March [illegible] 1833*

---

**Page 65** (6733_065.jpg)
> *Legal Function: Certificate of Execution*

Served this notice on Samuel MKinney on the 27th March
1833 by reading it to him in
the city of St Louis

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

Julia vs MKinney
notice

---

**Page 66** (6733_066.jpg)
> *Legal Function: Plaintiff's Motion for New Trial*

Julia a woman of color vs Samuel MKinney
The plaintiff comes for a new trial in this cause for the following reasons
1 Because the court erred in his instructions to the
Jury
2 Because the court in his instructions to the Jury the presence of the Jury - by determining
a matter of fact which should have been left
to the Jury
3 Because the [illegible] of the Jury was against Said
4 Because the verdict of the Jury was contrary to
the [illegible]

*[illegible]*

---

**Page 67** (6733_067.jpg)
> *Legal Function: Caption*

Julia a woman
of colour
vs
Samuel M Kinney
[illegible] for new trial
& reasons

*filed april 4th 1833
A Gamble clk*
> *Legal Function: Certificate of Filing Part 2*

|   |   |   |
|---|---|---|
| [illegible] | 35 | 53 |
| 13 | 35 | 53 |
| 49 | 38 | 41 |
| 13 | 13 | 87 |
| 17 | 17 | 1587 |
| | 14 | |

---

**Page 68** (6733_068.jpg)
> *Legal Function: Plaintiff's Appeal*

Julia a woman of colour
vs
Samuel M Kinney
Gustavus A Bird on behalf of
Julia the above named plaintiff on his oath
says that he prays an appeal to the Supreme court
in this case & that his application for an appeal
on behalf of said Julia is not made for the purpose of any action
or delay but because this affiant wrily[?]
believes said Julia is agreed by the decision & Judgement
of the St St. Louis Circuit Court on which said
prays the appeal is prayed

*G A Bird
Sworn to in open
court april 8th 1833
A Gamble clk*

---

**Page 69** (6733_069.jpg)
> *Legal Function: Caption*

Julia
vs
M Kinney
affidavit for appeal

*filed april 8th 1833
A Gamble clk*
> *Legal Function: Order*

appeal granted Book 6 page 457

---

**Page 70** (6733_070.jpg)
> *Legal Function: Judge's Order*

Best remembered that
Julia a woman of colour
vs
Samuel MKinney
Best remembered that on the
trial of the cause The Depositions of which the
following are [illegible] were read in evidence on the part
of the plaintiff [illegible] (here insert the Depositions of [illegible]
Narris, [illegible] Philips & Mr chills taken 23 march
1832 ameting the heading & certificates)
and on the part of the Defendant the Depositions
of which the following are capis where read in
[illegible].
Benjamin Matthews of lawful age being produced sworn and examined
on the part of the defendant deposeth and sayth that Julia the plaintiff in the
whose cause was taken to Missouri and hired out to [illegible] in Missouri that she
became sick in Missouri and remain sick for some time, that she was taken
back to Mrs Carrington in Pike County [illegible] Illinois to be nursed and restored to health
and trial as soon as she was able to work taken to Saint Louis and sold
that he was the individual who brought the plaintiff from Missouri
to Mrs Carrington
when sick
Emily Stewart of lawful age being produced sworn and
examined on the part of the Defendant deposith[?] and saith
that some time about the first day of december eighteen
hundred and Twenty nine a certain coloured
woman named
Julia was hired by Dr Abraham Stewart for the term of
Twelve months from Joseph G Carrington and at the
end of eight or nine months the said coloured woman
Julia was returned to [illegible] Carrington on
account of sickness

---

**Page 71** (6733_071.jpg)
It was admitted that at the commencement of
of this suit the defendant was in posession[?] of
of the plaintiff claiming her as his salve no other was addressed
On Motion of the defendant the following Instructions were given to the Jury (here insert the three instructions given by the court)
The Jury found the Defendant not guilty whereupon the plaintiff for a new trial & filed the following reasons therefore (here insert the reasons for a new trial)
The court overruled the motion for a new trial
& to its decision in doing so the plaintiff & tenders this Bill which is signed sealed & made part of the record

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

Julia vs Sam M Kinney
[illegible] of be filed

*april 8th 1833
A Gamble clk*

---

**Page 72** (6733_072.jpg)
> *Legal Function: Notice to Take Deposition*

Julia a woman of Color
vs
Samuel MKinney
Suits for Freedom to in St St. Louis Circuit Court Missouri
In the above named in each cause
Take notice that I shall proved to take depositions
to be read in each of said causes on the team by
first day of November instant at the [illegible] dwelling house of Andrews Philips at Philips Ferry on the Illinois river in the County of Pike & State of Illinois
and at the Court house in the town of [illegible]
in Pike County aforesaid on the twenty third
day of November instant between the hours
of 8 O Clock AM and Six O CLock PM
of each of said days and I Shall continue to take depositions at each place from day to
day (Sundays ) between the same hours
in each day until I shall have taken as
many as I deem necessary Nov 11th 1899

*[illegible] for said Julia &
[illegible] of [illegible]*

---

**Page 73** (6733_073.jpg)
> *Legal Function: Caption*

[illegible] us [illegible]
nature of taking

*[illegible]*
> *Legal Function: Certificate of Execution*

Executed this notice by recording it to Samuel J
McKinney in the city of St Louis on the 11th day of
November 1833

*John K Walker Sheriff
by [illegible]
[illegible]
[illegible] [illegible]
[illegible]*

---

**Page 74** (6733_074.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois*

COUNTY OF ST. LOUIS , SCT. State of Missouri
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 Julia a woman of Color - or by
Samuel M.Kinney their attorney or agent, and him 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 peinding in our Circuit Court , for the county of St. Louis , wherein Julia a woman of color
is plaintiff and Samuel MKinney is
defendant on the part of the Plaintiff and having so reduced the said depostions 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 Eleventh day of November in the year
of our Lord, one thousand eight hundred and thirty-three Archibald Gamble Clerk, C. C.*
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois Part 2*

[illegible]
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois Part 3*

|   |   |
|---|---|
| writing depositions -/200 and at 12th [illegible] hundred | 33 cts |
| 3 non [illegible] | \$1, 50 |
| 2 [illegible] Subpoenas | 37 |
| Serving 2 Subpoenas | 50 |
| 3 Certificates & [illegible] | 75 |
| Witness fees | 200 |
| Clerks fee certificate & Seal | 50 |

---

**Page 75** (6733_075.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois*

COUNTY OF ST. LOUIS , SCT. State of Missouri , 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 Harrit an Infant of color (who sues by G A Bird
her next friend) or by Samuel J MKinney their attorney or agent, and him 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 Harrit an infant of Color (who sues by G A Bird her next friend) is plaintiff and Samuel J M Kinney is
defendant on the part of the Plaintiff and having so 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 Eleventh day of November in the year
of our Lord, one thousand eight hundred and thirty three Archibald Gamble Clerk, C. C.*

---

**Page 76** (6733_076.jpg)
> *Legal Function: Supreme Court Opinion*

Julia
vs
Samuel MKinney
Supreme Court Third Judicial District of the State of Missouri
October Term 1833
Monday 21st October 1833
Court met pursuant to Adjournment-present all the Judges
Appeal from ST St. Louis Circuit Court
Now at this day come again the parties aforesaid by their
respective attorneys and the court now here being sufficiently advised of and
concerning the premises consider that the Judgment aforesaid in form aforesaid
by the said Circuit Court rendered be reversed and for nought held and Esteemed
and it is ordered by the court that this cause be remanded to the said Circuit
Court for further proceedings therein in conformity with the opinion of this
Court delivered in this case and it is further considered by the Court that the
said Julia the appellant recover againt the said Samuel MKinney the appelle
in this case her costs and charges by her about the prosecution of her appeal
in this behalf expended and that she have thereof Execution
> *Legal Function: Supreme Court Opinion Part 2*

Julia a Woman of Color
vs
Sam M Kinny
Error to the circuit Court of St. Louis County
This was an action commenced under the Statute for freedom
verdict & Judgment against Julia the plaintiff- The bill of exceptions shews the
following case, that M Kinny the defendant bought the plaintiff as a Slave from
one Sucinda Carrington - that in the year 1829 Mrs Carrington lived in the State
of Kentucky that she then had in her [illegible] the plaintiff Julia as a slave, that
she then & there determined & declared her intention to be to remove & take with
her Julia to the State of Illinois, that a witness in this cause applied to her to buy
Julia telling Mrs Carrington that she could not hold Julia in Illinois as a
Slave, that if she took her there she would be free- Mrs C refused to sell Julia,
said she would not keep Julia in Illinois but intended to hire her out in Missouri -
Accordingly Mrs C moved to Illinois, brought with her said [illegible] Julia, arrived
in Pike county Ill about the 27th or 28th of October, settled herself there, purchased land
& she kept Julia there with her till about the 1st of December the same year exercising
the ordinary acts of ownership & dominion over her which are usually exercised by
masters over their slaves- That in the meantime Mrs Carrington hired Julia about
two days to some person to work, which work was performed and that she received pay
therefor, that about the 1st of December in the same year Mrs Carrington sent Julia
to Louisiana Missouri a distance of about 30 miles and hired her out that Julia lived
in Missouri sometime, became sick, and that Mrs C, then sent for Julia took her home
into Pike county in Ill. where she was kept till she recovered her health - that then
Mrs C, took or sent Julia to St Louis and sold her to S M Kinney the defendant- several
instructions were asked by the defendant which were given and Excepted to, the defendant
also moved for a nero trial, which was refused- The first instruction given by the Court
is that if the Jury believe from the evidence that the plaintiff Julia was taken into the
State of Illinois by her owner without any intention on the part of such owner to make
that State the residence of Julia that the plaintiff is not entitled to recover in this

---

**Page 77** (6733_077.jpg)
action, we will consider this instruction before we notice the others - the plaintiff claim
to freedom is based on the 6th article of the constitution of the state of Illinois which
declares that neither slavery nor involuntary servitude shall hereafter be introuduced
into this state otherwise than for the punishment of crimes whereof the party shall
have been duly convicted,-the article then goes on to make some provision with regard to
hiring persons bound to service in other states and concludes by saying any Violation
of this article shall effect the emancipation of such person from his obligation to service
we see by this constitution that the very introduction of Slavery works an Emancipation
of the slave and it is argued that if we give this constitution a literal construction no one
can travel through that state with his slaves without emancipating them - It is true
that a literal construction would lead directly to this result. Every law should be
adjudicated on with a view to the end and object thereof, the object of the constitution
of Illinois was not to prevent persons owning slaves in Kentucky from passing through
Illinois with their slave property to Missouri , but to prevent the relation of master and
slave from existing in that state by an inhabitant and resident thereof. We are farther-
more of opinion that all persons who are citzens of any of the states have a right by the
constitution of the United States to pass through Illinois with any sort of property that
they may own in the state where they migrate from. - The 2nd Section of the 4th article
of the constution of the U.S. says that the citzens of each state shall be entitled to
all the privilegs and immunities of citizens in the several states we are of opinion
that it is the undoubted right of every citzen of the United States to pass freely through
every other state with his property of ever description including negro slaves without
being in anyway subject to forfeit his property for having done so provided he does
not subject his property by a residence to the action of the laws of the state in which
he may so reside- another view of the subject is that out of the general words of
the Illinois constitution of necessity exceptions must be raised, though it is true
that slavery shall not be introudced in that state under penalty of forfeiting the
property yet it can be introudced so far and to permit persons passing through the state
as Emigrants or mere travellers to carry with them their slave property and to retain
in them their their right to such property while they retain the character of Emigrants
or travellers otherwise there could be no emigration through the state with slave
property which is a thing it cannot reasonably be supposed the constitution of Illinois
intended to forbid, How long the character of Emigrant or traveller through the state
may last cannot by any genral rule be determined, but it seems that reason does
require it should last so long as might be necessary according to the common mode
of travelling to accomplish a trandit through the state, if any accident should happen
to the emigrant which in ordinary cases would make it reasonable and prudent
for him to suspend his journey for short time we think he might do so without
incurring a forfeiture if he resumed his Journey as soon as he safely could, something
more than the more convenience or ease of the emigrant ought to intervene to save
him from a frofeiture something of the nature of necessity should exist before he would
or ought to be exempt from the forfeiture - if swollen streams of water which could
not be crossed without danger should intervene, serious sickness of the family, broken
wagons & the like should exist, these would be good causes of delay so long as they exist
if the Journey is resumed as soon as these impediments are removed provided also
due diligence is used to remove them - In the case before us the owner of the

---

**Page 78** (6733_078.jpg)
> *Legal Function: Supreme Court Opinion Part 3*

The slave was not an Emigrant but went into Illinois with an avowed view to make that
state her home, she took up her residence there with her slave in her possession & kept the
slave there for upuwards of one month, and treated the slave in all respects as slaves are
treated in states where slavery is allowed, these acts of the owner surely amounted to the
introduction of slavery in Ill: unless therefore the case can be brought within some reason-
-able and Equitable exception to be engrafted on the constitution of Illinois the palintiff
will be entitled to exact the forfeiture of Emancipation- In this case we see nothing in the
nature of accident to prevent the owner from taking the plaintiff to Missouri immediately -
The excuse set up is that the owner was a widow and might not have had the means of
immedide transportaion of the slave to missouri, that she was a new comer in the country &
might be poor &therefore unable to do it, that some reasonable time ought to be allowed to
her to provide a residence for herself and family and that one month in this case is not
too much, we are of opinion that the excuse to raise an exception must be something more
than the mere convenience or inconvenience of the owner. - But the instruction assumes
that if the owner did not intend to make Illinois the residence of the slave then there is no
violation of the constitution, Is it true that if a person says he does not intend to do an act
& yet does it that the act is not done- the constitution of Ill: does not regard the intention
to introduce or not to introduce slavery but prohibits the act- If a person says he
does not intend to introduce slavery yet if he does introduce it defacts can the innocent
intent save him from the forfeiture, we think it casnnot, unless he can also show that his
caseraises a reasonable and necessary exception. But in this case the evidnece is that the
owner did intend and infact did introduce slavery in Illinois but declared that she did
not intend to continue it for any length of time but that she would take the slave to Missouri
and there hire her out, but suppose the owner did not intend to make Ill: the place of
the slaves residence permanently but only for one month, yet slavery is introduced and
continued for the mere convenience of the owner without any circumstances which raise
a just or even a resonable exception in her favor. - The case of Winney vs. Whiteside
decided by this court has been cited to prove that what the owner intended is to be a criterion
to govern the question of freedom or slavery - that was a case where the owner of a slave
removed to the northwestern territory now Illionis, with the slave with the intent to make
that country his residence, and he did in fact make it his residence as well as that of
his slave also- The ordinance of Congress for the Government of that territory declares
there shall be neither slavery nor involuntary servitude in the Territory - This court
decided that if the owner went there with a slave with intent to make that place his
permanent residence and the residence of his slave and did in fact do so that the slave
was by such residence free But the court did not decide that the slave was free by reason
of the intent being declared - The second instruction given assumes that the slave
is not entitled to freedom because she was taken to Illinois and remained there till she was
cured of sickness, we will give no opinion on this point as we consider the case fully
decided on the first and 3rd instructions. - The third instruction is, that the plaintiff
is not entitled to recover under the second section of the 6th Article of the constitution of
of Ill. - The section delcares that no person bound to labor in any other state shall
be hired to labor in this state except within the tract reserved for the salt works [illegible] It then
concludes as before stated that any violation of this article shall effect the emancipation

---

**Page 79** (6733_079.jpg)
of such person from his obligation to service, whether this instruction intends to decide
that the facts testified are true or untrue or only decides that the proof and case made does
not in law entitle the party to recover we do not exactly know, it seems however that
the instruction is wrong because it decides both the fact and the law - But if the instruc-
tion only assumes to decide the law yet it is wrong, the evidence is that after the slave was
fairly introduced into Illinois and settled for the time being but with an intent on the
part of the owner to remove the slave at some future time to Missouri , the owner did hire the
slave to a person to labor for one or two days & received the pay for the hire - The court instructed
the Jury that this hiring is not a hiring within the prohibition above cited, We suppose the
circuit court thought the degree or quantity too small- We believe the object of this prohibi-
tion was to prevent slave labor from becoming a substitute for white or free labor throughout
the state, the constitution makers have therefore prohibited the thing in every possible
degree, here was a hiring of a person bound to labor in Kentucky whilst in Kentucky ,
brought into Illinois (not to reside there say, if you will) and hired to labor for one or
two days by the owner, what difference can it make if the hiring had been for 100 days,
We see none except in the degree or quantity of time. - With regard to the motion for a new
trial we think the court erred in refusing it, the reasons assigned for the new trial are
that the verdict is against law & Evidence, the Evidence is sufficient to bring the case within
the operation of the constitution - The Judgement of the Circuit Court is reversed, the
cause is remanded for a new trial

*M M Girk
George Tompkins*
> *Legal Function: Concurring Opinion*

I think the Circuit Court erred in giving the 3rd instruction - assuming to decide the facts
as well as the law of the case; & therefore concur in reversing the Judgment - The 1st & 2nd
instructions were in my opinion properly given. The claim to freedom under the provisions
of the Illinois Constitution must be founded either upon a residence of the Slave, or a hiring
of the slave to labor what shall amount to a residence or a hiring against the provisions
of the constitution must depend upon the facts & circumstances of each particular case.
A bare removal into the State can form no ground on which to set up the claim: Es-
pecially when it is shewn that the removal is not made with a view to residence. The
intention of the owner as previously declared is the only evidence that can exist in
such a case. To hold then that it matters not whether the owner intends to make Illinois
the residence of his slave or not is to exclude (as it appears to me) the only evidence that can
exist where the claim is founded on a bare removal to the State - the intention with which
a thing is done, gives color & character to almost every transaction, the emigrant who
journeying to Missouri unfortunately gets his leg broken, or being detained by serious
sickness keeps his slaves with him in Illinois for weeks or months until he recovers
sufficiently to resume his Journey will not thereby forfeit his property in his slaves, and
why ? because his residence for a week a month or a winter was unintentional and
accidental & the slaves were detained there without any intention of his part of making
it the place of their residence so the owner of a slave who in passing through Illinois
permits the slave at night to brush his landlord's boots, or make his fire, or shuck his corn
for such reward as the landlord may think proper to give would not surely be adjudged
to forfeit his slave under the provisions of the 2nd sec of the 10th Article of the Constitution
and why ? because the owner did not intend in taking his slave to Illinois or in Jour-neying[?] through, or sojourning in the State to hire him to labor - for it will not be contended
that the master did not intend that the slave should perform the particular service &
receive therefor the Stipulated reward; that is [illegible] brush the boots or make the fire &

---

**Page 80** (6733_080.jpg)
> *Legal Function: Concurring Opinion Part 2*

receive therefor the 12 1/2[?] cents or the half pint of whiskey - thus it seems to me that the facts
& circumstances in every case are to be weighed with the intention of the parties acting therein
& to be charged therefor. The introduction of slavery or the attempt to introduce it is
regarded in some sort as a criminal act & is punished by a forfeiture of the property intro-
duced- we must then look to the intention of the party introducing the slave to determine
the degree of guilt & see if the Spirit of the Constitution has been violated since it is clear
it's letter cannot be enforced any other doctrine will convert the kind & tender nursing
by the master of his sick & helpless slave into a sort of crime

*R. Wash .*
> *Legal Function: Affidavit*

State of Missouri sct
J Joseph C Brown Clerk of the Supreme Court for the
third Judicial District of the State of Missouri do certify that the above is a
true copy of the Judgment rendered by said Court at October term thereof in the
year Eighteen Hundred and thirty three in the case of Julia appellant and Samuel
M Kinney appellee and of the opinions of the Court delivered in said cause at
the term aforesaid at the same now remain of Record in my office

*Given under my Hand and the seal of the
said Supreme Court at office in the city
and county of St Louis in the District afore-
said this Sixteenth day of November in
the year of our Lord One thousand Eight
Hundred and thirty three Joseph C Brown Clerk*

---

**Page 81** (6733_081.jpg)
> *Legal Function: Caption*

No 66
March term 1831
Julia --- a woman of color
vs
Samuel M Kinney
Transcript from Supreme Court

*Filed 16th November 1833
Archibald Gamble Clerk*

---

**Page 82** (6733_082.jpg)
> *Legal Function: Depositions of Nancy Bright, William Schall Part 2*

Depositions of witnesses taken before me Andrew Philips a justice
of the peace within and for the County of Pike and state of
Illinois at the dwelling house of Andrew Philips at Philips Ferry on the Illinois River in the County of Pike and
State aforesaid on the twenty first day of November in the year
of our Lord Eighteen Hundred
and thirty three between the
hours of Eight O Clock in the
forenoon and six o clock in the afternoon of said to be heard in evidence in two certain cases now pending in the Circuit Court
for the County of St Louis and
State of Missouri Missouri in
one of which Julia of color a
woman of color is plaintiff and
Samuel M Kinney is defendant

---

**Page 83** (6733_083.jpg)
and in the other Harriet an infant
of color who was [illegible]
by G. A Bird her next friend is
plaintiff and Samuel J M Kinney
is defendant pursuant to the
Anexed Commissions and notice
taken on the part of the plaintiff
in each cause
Nancy Bright of lawful age
being produced sworn and examined
on behalf of the plaintiff in each
of said causes deposeth and
[illegible] that on the Twenty seventh or twenty
eighth day of October A D 1829 Mis Lucanda
Carrington arrived with her family in
the state of Illinois - she said she came from
Kentucky & intended to settle on Illnois
She brought with her Julia & Harriet
the Daughter of Julia as she was called
Mrs Carrington remained at Philips
ferry one without intending
her [illegible] and in one or two days
after her arrival she went about
a mile & a half between this place
& went into a house called Bennits
hence where she spent the winter on

---

**Page 84** (6733_084.jpg)
> *Legal Function: Depositions of Nancy Bright, William Schall Part 2*

on the last part of deponent was
then being at Philips Ferry had known
Mrs Carrington in Kentucky soon after Mrs
Carrington arrived in Illinois she told
Deponent that She Mrs Carrington
had every thing to [illegible] & that if Depon-
int should at any time want the plaintiff
Julia to work for her she could hear her
& could pay her for Julias work in
any thing she had to spare Julia the
Plaintiff worked for me one or two
days & I paid for her work in
soap. Mrs Carringtons [illegible] came
for the soap & said then mother
had sent them for the soap for Julias
washing. I frequently saw Julia &
Harriet with Mrs Carringtons family
in Pike County Illinois between the
time of her arrival & christmas not
following - Mrs Carrington told deponent
She had been offered a grand price for
said Julia & Harriet in Kentucky
but she did not want to sell them
while Julia was in Illinois she was
engaged in Mrs Carringtons business
& obeyed her commands as slaves
generally do some time about
christmas Julia & Harriet were sent to Missouri

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**Page 85** (6733_085.jpg)
to be hired out in [illegible]
Mrs Carrington has lived in Illinois since her arrival in 1829. & soon after she
purchased land as she informed me in this County & on the County of Morgan [illegible] I heard the defendant M Kinney say he had purchased said
Julia & Harriet from Joseph Carrington & that he intended to bar Joseph & Carrington selling Harriet & Julia for slaves when they
were free

*Nancy Bright Sworn & Subscribed to before me on the day between the
hours & at the place first aforesaid Andrew Philips
[illegible]*
> *Legal Function: Depositions of Nancy Bright, William Schall Part 3*

William Scholle of lawful age being present & sworn on the part of the plaintiff
in cause deposeth & saith[?]
that he has been accquainted with[?] Mrs Carrington since her arrival
in the state of Illinois in October 1829
She spent the fall & Winter in this county about a mile & a half below this in March or February she settled on a piece of land adjoining the one she Miss Carrington brought with her
a negro woman Julia who had
a child called Harriet about 4 or five years old Mrs Carrington

---

**Page 86** (6733_086.jpg)
> *Legal Function: Depositions of Nancy Bright, William Schall Part 4*

kept said Julia & Harriet in Illinois until some time before Christmas when
they were sent to Lousiana in Missouri & hired out as I understand from
Mrs Carrington & her son Joseph
The evening before Christmas Mrs Carrington had a daughter married Julia was sent for as I understand from Mrs Carringtons family & I think from Mrs Carrington to assist in
cooking for
was at the & saw Julia engaged in services about the house of Mrs Carrington
In the summer or fall of 1830
I saw Julia at the house of Mrs Carrington in Illinois She was
then said to be unwell
I think about September 1830 Mrs Carrington & one of her sons & one
of her daughters stayed all night
at my fathers in Illinois Julia
one of the plaintiffs was with
Mrs Carrington & family They had
been engaged as Mrs Carrington then said at one John B
Mathews in spreading-
Julia was then apparently well

---

**Page 87** (6733_087.jpg)
and had been engaged in spreading as Mrs Carrington said
Benjamin Mathews a daughter of Mrs Carrington in the summer& fall of 1830 he lived in Morgan County Illinois distant about 12 or
14 miles from where Mrs Carrington lived Harriet was always in Illinois
with Julia her mother
when Julia came from Missouri
to a third the aforesaid Julia while she was in Illinois was
in the service of Mrs Carrington & there to her between Mrs Carrington & Julia & Harriet that relation which generally subsists between Master & Slave

*[illegible] Sworn & Subscribed to
before me on the day between the hours
& at the place first aforesaid
Andrew Philips J S*
> *Legal Function: Affidavit*

State of Illinois Pike County
I Andrew Philips a
Justice of the Peace within & for said
State & County do certify that the
deponents Nancy Bright & William
Scholle were by me duly sworn to testify
the whole truth of knowledge touching the matters in controversy between the parties aforesaid in each
of the above suits that then were by me reduced to writing & by the deponents respectively subscribed

---

**Page 88** (6733_088.jpg)
> *Legal Function: Affidavit*

in my presence on the day between the
hours & at the place on that behalf
Just aforesaid pursuant to the
commisions & notice witnesses my hand[?] at Phillips Ferry Pike County Illinois November 21st 1833

*Andrew Philips J S*
> *Legal Function: Affidavit*

State of Illinois
Pike County
I William Scholle clerk of
the County Commisions court[?] for the County of Pike & State of Illinois do certify that Andrew Philips whose signature is subscribed
to the foregoing certificate is at the date of said certificate on
acting Justice of the peace within & for
the county of Pike & State of Illinois duly commissioned & qualified at such
& that full faith & credit is due
to his acts as such

*In testimony whereof I the said
clerk do here to subscribe my name & the seal of said Court
at office at in said county the twenty first day of November
in the year of our Lord Eighteeen Hundred & thirty three[?] [illegible]*

---

**Page 89** (6733_089.jpg)
> *Legal Function: Caption*

Julia
vs
Sam M Kinney
Harriet
vs
Sam M Kinney
Depos of
Nancy Bright
[illegible] for
plaintiffs

*opened sfiled
nov 25 1833
A Gamble Clerk*

---

**Page 90** (6733_090.jpg)
> *Legal Function: Defendant's Exceptions to Depositions*

Julia
vs
Samuel J M Kinney
The Dept excepts to the depositions of
Nancy Bright and William Scholle filed in this case
1st Because then was no legal notice given of the time
and place of taking depositions
2d That the depositions were not taken in pursuance of
the notice given
3d That the depositions are not properly certified.

*[illegible]
for [illegible]*

---

**Page 91** (6733_091.jpg)
> *Legal Function: Caption*

Julia
vs
M Kinney
Exceptions to Depo

*Filed 6th December 1833 Archibald Gamble Clerk*

---

**Page 92** (6733_092.jpg)
> *Legal Function: Deposition of John B. Mathews and Erin McWorthy*

State
State of Illinois Pike County
John B Mathews of lawful age
being produced sworn examined on the part & behalf of the said Defendants, Deposeth & saith
Mrs Carrington came to this County in the fall
of the year 1829, when the weather was very
cold - her horses ran away soon after getting here & under all the circumstances, she sent
her negros to Missouri as soon as was practicable even before she made any settlement
in this Country, Julia a woman of Colour
& her her child Harriet are the Negros I refer to - They were carried to Missouri
in the Month of November 1829. By Joseph
Carrington, the son of Mrs Carrington
The said Julia never did any labour[?] at
my house or for me at fear or at
any other thing - at the time aforesaid
there was no other man but myself in the
Neighbourwood in which Mrs Carrington
then lived of the name of Mathew, at the
time aforesaid when Mrs Carrington came to this county. The ice was very badly in the Mississippi River , it was
dangerous to cross the River.
I am well acquainted with the general character of William Scholle - It is very
bad - I do not think him entitled to face credit as a witness
I am & have been for nine years past
well acquainted with the charges of Nancy, now Nancy Bright & formerly the reputed wife of Philips - her character is very bad

---

**Page 93** (6733_093.jpg)
I would not believe her statements, made
under oath as a witness, from a knowl
edge of her character.
The said Julia came back to Mrs Carrington during the christmas holidays 1829 leav[?]
ing her said Child in Missouri - She
was taken back to Missouri/ in about 2 days
after Christmas aforesaid J B Mathews
I M.E. Rattau one of the Justices of the
peace within & for the county of Pike
do hereby certify that J. B. Mathews, the
deponent was by me sworn to testify the whole
truth of his knowledge touching the matter
in controversy the case aforesaid that
the deponent was examined & his exam
ination reduce to writing & subscribed & subscribed by said Deponent in my
presence on the 27th day of march 1834
between the hours of Ten O Clock AM &
3 O Clock PM at the court house in
Pittsfield in the county of Pike & state
of Illinois

*Given &[?] certified this 27th day
of March 1834 [illegible] M.E. Rattau I. P.*
> *Legal Function: Deposition of John B. Mathews and Erin McWorthy Part 2*

[illegible] of lawful age being producedsworn & examined[?] on the part of the said Defendant, Deposeth & saith
I was present at Andrew -Philips'
in Pike County at a time when the Deposi[?]
tions of Nancy Bright & William Scholle were
taken by Mr Bird to be used as evidence
in this case- Mr. Bird wrote the Depo
sitions in many respects differently from
what he was directed by the deponents, &[?]
at the request of the Deponents he would
not correct the depositions saying for
excuse that they were the same in

---

**Page 94** (6733_094.jpg)
> *Legal Function: Deposition of John B. Mathews and Erin McWorthy Part 3*

meaning with the true answers. This deponent
believes the Depositions as taken by the
said Bird had a very aifferent mean
-ing
from that which the Deponents
intended they should have

*Elvin his X McWorthy
mark*
> *Legal Function: Affidavit*

I ME Rattau an acting justice of Pike county and state
of Ill do hereby certify that Elvin McWorthy 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 27th day of March
D 1834 Between the hours of 8 o clock A. M. and 6 o clock
P.M. at the court house in Pittsfield Pike County
and state of Ills

*given and certified the 27th of March 1834 ME Rattau*
> *Legal Function: Affidavit*

I ME Rattau an acing justice of the peace in &[?] for the
county of Pike &[?] State of Illinois do certify that in pursuance
of the within commission & notice came before me at the court
house in Pittsfield in Pike County & State of Illinois Joseph J
Burnett Willam Burnett J boston Wills John A wiveron
Nathan Philips John B Mathews &[?] Elvin Mcworthy
who were there by me sworn and examined and such
examination reduced to writing and subscribed by them
respectively in my presence and there said depositions
are now here with returned given at Pittsfield
in the county of Pike and State of Ills
this 27th day of march A D 1834

*ME Rattau*

---

**Page 95** (6733_095.jpg)
> *Legal Function: Affidavit*

State of Illinois
Pike County
It is hereby certified, that
Mecarel E. Rattau, Esbr, on the twenty sev-
enth day of March in the year of our
Lord eighteen hundred of thirty four
was & [illegible] is an acting Justice of the
peace within & for said county of Pike
& State of Ilinois duly commissioned &
acting as such, & that full faith & credit
are due to his acts as such-

*In testimony where J W. Ross
clerk of the county court court
of said county have herewith
subscribed any [illegible] & affixed
the seal of said court at
Pittsfield their 27th day of March A. D 1834 W Ross. Clerk*

---

**Page 96** (6733_096.jpg)
> *Legal Function: Caption*

Julia vs Sam J M Kinney
Opened filed
March 31st [illegible] 1834

*A Gamble clk
for Defendant*

---

**Page 97** (6733_097.jpg)
> *Legal Function: Deposition of Joseph Bennett, William Bennett, Hasten Wells, John Windsor, Nathan Phillips*

Depositions of witnesses proudced sworn & examined at
the court house in Pittsfield in the county of Pike & State of
Illinois before me E Rattau an acting Justice of the
peace in & for the county & State aforesaid in a certain cause now depending in the circuit court in &[?] for the county of St Louis
and State of Missouri between Julia a woman of color and
Plaintiff and Samuel J M Kinney Defendant on the part
of the defendant.
Joseph J Bennet of lawful age being produced sworn
and examined on the part of the defendant deposeth & saith[?]
that Lucunda Carrington served[?] into Pike County Illinois sometime in the full of 1829 &[?] brought with her a woman of
color caled Julia and a small negro give[?] the daughter of said Julia
the weather was cold & stormy & the ice was [illegible] in the Missippi river so[?] as to make it dangerous crossing it That
she Mrs Carrington applied to this deponent and obtained leave to stay in one of his houses until she coulg get on to Missouri That about the time Mrs Carrington stopped in Pike County aforesaid her horses strayed off that she this deponent was acquainted with Mrs Carrington during the the said negros remained in said Pike County & that she always manifested great anxiety[?] to
have them taken out of the state of Illinois and that
she did send them on to Missouri as soon as her horses were found and the Mississippi could be crossed with
any kind of safety.
That he is acquainted with the general character of Nancy Bright & could not from her general character believe her
under oath That the said Nancy Bright was the respected wife of Numrod Philips[?] and lived with him as such till
his death when it was ascertained that her proper name
was Nancy Morris & that she was not the wife of said Philips she married a Mr Bright

---

**Page 98** (6733_098.jpg)
and further this deponent saith not

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

I ME Rattau an acting justice of the peace in and for the
county of Pike and state of Ills do certify that Joseph J Bennet the deponent was by me Sworn to testify the
whole truth of his knowledge touching the matter in
controversy in the cause aforesaid that the deponents
was examined and his examination reduced to [illegible]
and subscribed by sd deponent in my presence
on the 27th day of March D 1834 between the hours
of 8 o clock AM and 6 o clock PM at the court
house in Pittsfield in the county of Pike and state
of Ills given and certified the day last aforesaid

*ME Rattau*
> *Legal Function: Deposition*

William Bennett of lawful age being produced sworn & examined deposeth & saith[?] that Lucinda Carrington got
a house of his father in the fall of 1829 for a short time until she could travel on to Missouri That she Mrs Carrington was moving as he then understood from Kentucky to Missouri
That she had with her a negro woman called Julia and her
child called Harriet that the weather so cold as to
make it very difficult for movers to travel that
It was also understood that the crossing of the Missippi[?]
was dangerous because of ice.
That Mrs Carrington was extremely anxious to get on
to Missouri as soon as the weather moderated & her horses were found & the river could be safely crossed Joseph Carrington her son carried said negro to
Missouri

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

I ME Rattau an acting justice of the peace
in and for the county of Pike and State of

---

**Page 99** (6733_099.jpg)
> *Legal Function: Affidavit Part 2*

Ills do certify that William Bennet 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 depo[?]
nent in my presence on the 27th day of March
AD 1834 between the hours of 8 o clock AM
and 6 o clock PM at the court house in Pittsfield
in the county of Pike and state of Ills
Given and certified the day last aforesaid

*ME Rattau*
> *Legal Function: Deposition*

[illegible] of lawful age being produced sworn & examined
on the part of the defendant deposeth & saith[?]
That he was present at Andrew Philips in Pike county
State of Illinois when the depositions of Nancy Morris &
Anne Philips were taken in the above cause on the part of
the plaintiff the depositions were written by Mr Bird
the plaintiff's attorney the deposition of Nancy Morris
was taken in the name of Nancy Philips & where she came
to sign it she said that was not her name that her name was
Nancy Morris and signed it accordingly
That when he Mr Bird had written several answers the
Witnesses objected that they were not correctly written & Mr Bird said it was the same thing in substance and
did not alter them that Mr Bird was in the neigh
-bourhood several days before the taking of the depositions
and that deponent saw sid Bird & Nancy Morris out on
the river bottom together killing wild ducks before
the depositions were taken and that he this deponent
was a while with them & then left them trying to get
a duck out of the water which he this deponent shot
that Nancy Morris was some times called by that name
and at other times Nancy Philips & that she is now

---

**Page 100** (6733_100.jpg)
called Nancy Bright having married a man of that
name but from whom she is now - divorced & that Anne
Philips is now maried to a man of the name of [illegible]
That he has been accquainted[?] with Nancy Morris for
twenty years and that her character has always [illegible]
that time been bad that he is well acquainted with
the general character of William Schoell[?] and
that he could not prove that character believe him
under oath

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

I ME Rattau an acting justice of the peace in and for Pike
County and state of Ill do hereby certify that [illegible] the
deponent was by me sworn to testify the whole truth of his know-
ledge touching the matter in controversy in cause afore said, that
deponent was examined and his examination reduced to writing, and
subscribed by said deponent in my presence on the 27th day of
March A D 1834 between the hours of eight in the morning and
six in the afternoon at the court house in Pittsfield
Pike County and state of Ill

*Given and certified this 27th day of March A D 1834 ME Rattau*
> *Legal Function: Deposition*

John A Windsor being produced sworn & examined deposeth
& saith that he was present last fall at Andrew Philips' in Pike County State of Illinois when the deposition of William Shull
was taken in the above cause on the part of the plaintiff that it was written [illegible]
by Mr Bird the plaintiff attorney That deponent saw
Mr Bird pay Mr Shull a dollar or upwards for his attend
ance[?] as a witness and heard said Bird tell him he would
also pay his bill for his nights lodging to Mr Philips
and that Mr [illegible] lawful fee for attendance would
have been fifty cents

*John A Windsor*
> *Legal Function: Affidavit*

I M.E. Rattau an acting justice of the peace in and for Pike
County and state of Ill do hereby Certify that John A Windsor
the deponent was by me sworn to testify the whole truth

---

**Page 101** (6733_101.jpg)
> *Legal Function: Affidavit Part 2*

of his knowledge touching the matter in controversy in
the cause aforesaid that the deponent was examined
and his examination reduced to writing and subscribed by
said deponent in my presence on the 27th day of
march A D 1834 between the hours of 8 o clock in the AM
and 6[?] in the PM at the court house in Pittsfield Pike
county and state of Ill, given and certified the
27th of March 1834

*M.E. Rattau*
> *Legal Function: deposition*

Nathan Philips of lawful age being produced sworn
and examined deposeth & saith that he is accquainted[?] with
Nancy Morris and that he would not beleive[?] her underoath
if she was interested or prejudiced in the case that she is
the same person that is now called Nancy Bright & that
he heard her express herself in an unfriendly manner
towards Mrs Carrington before her deposition was
taken in the above cause on the part of the plaintiff

*Nathan Philips*
> *Legal Function: Affidavit*

I M.E. Rattau an acting Justice of the peace in and
for the county of Pike and state of
Ill do here by certify that Nathan Philips
the deponent was by me sworn to testify the
whole truth of his knowledge touching
the matter in controversy in the cause
aforesaid that the deponent was
examined and his examination reduced
to writing and subscribed by said deponent
in my presence on the 27th day of march
A D 1834 Between the hours of 8 o clock A.M. and
6 o clock in the P.M. at the court house in Pittsfield Pike county state of Ill given and certifi[?]
-ed the 27 day of March A D 1834

*M.E. Rattau*

---

**Page 102** (6733_102.jpg)
> *Legal Function: Notice to Take Deposition*

Julia a woman of color
vs
Samuel J M Kinney
In the circuit court for the county
of St Louis State of Missouri To Julia the above named plaintiff and Gustavus
A Bird her attorney
you are hereby notified that depositions of witnesses to
to be read in evidence in the above cause On the part of the defend
ant will be taken at the office of Archibald Williams in the
town of [illegible] in the county of Adams & state of Illinois on the eighteenth
day of March next between the hours of 8 o clock in the forenoon and
6 O clock in the afternoon and also at the court house in Pittsfield
in the county of Pike in the state of Illinois on the twenty seventh day
of March next between the hours of six o clock in the forenoon and six
o clock in the afternoon and if it be necessary to continue the taking of
such depositions at either of the above places beyond the day appointed
for taking them at such place the taking thereof will be continued from
day to day at the same place and between the same hours until the whole
shall be completed

*H B Gamble att for Dept[?] February 27. 1834*

---

**Page 103** (6733_103.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois*

COUNTY OF ST. LOUIS ,SCT. State of Missouri , To any Judge or Justice of the Peace of The State of Illinois
--GREETING.
WE, reposing special trust and confidence in your integrity and cricumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by Julia a womam of color or Samuel J
M. Kinney their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you adminsitered) 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 Julia a woman of color
is plaintiff and Samuel J M Kinney is
defendant on the part of the Defendant and having so reduced the said depostions so taken by
you as aforesaid into writing, your 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 twenty seventh day of February in the year
of our Lord, on thousand eight hundred an thirty four. Archibald Gamble clerk, C. C.*

---

**Page 104** (6733_104.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois*

COUNTY OF ST. LOUIS ,SCT. State of Missouri , To any Judge or Jusitce of the Peace of The State of Missouri
--GREETING.
WE, reposing special trust and confidnece in you integrity and cirumspection, do require and command you that you cause
to come before you such person or persons as shall be named to you by Julia a woman of color or Samuel
J M Kinney their attorney or agent, and him or them examine upon
his, her or their corporal oath (to be by you adminstered) 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 Julia a woman of color
is plaintiff and Samuel J M Kinney is
defendant on the part of the Defendant and having so reduced the said depositions so taken by
you as aforesaid into writing, you are required to send the same, together with this commission, enclosed undre your seal, to our
said Circuit Court , with all convenient speed.

*WITNESS, Archibald Gamble , Clerk of our said Circuti Court, at the City of St .
Louis , this twenty seventh day of February in the year
of our Lord, one thousand eight hundred and thirty- four. Archibald Gamble Clerk, C. C.*

---

**Page 105** (6733_105.jpg)
> *Legal Function: Affidavit of Henry H. Snow*

STATE OF ILLINOIS,
Adams COUNTY,
Sct.
I, Henry H. Snow Clerk of the County Commissioners
Court for the county aforesaid, do hereby certify that James H Raleton[?]
whose name is subscribed to the foregoing certificate was at the time of subscribing
the same, an acting Jusice of the Peace within and for the county of Adams
aforesaid, duly commissioned and qualified, and that full faith and credit is and
ought to be given to all his official acts as such.

*In testimony whereof, I have hereunto set my hand and
affixed the Seal of the County Commission
court this 19th day of March A. D. 1834. Henry H Snow Clerk.*

---

**Page 106** (6733_106.jpg)
> *Legal Function: Deposition of Henry Baitman*

State of Illinois
Adams county
The deposition of witness produced sworn & exmanined[?] at the office of A
Williams Esq & in the town of [illegible] in the
said county of Adams in the state of Illinois
before me [illegible] a justice of the
peace within & for said conty in a certain
cause now depending in the circut court
for the county of St Louis state of Missouri
between Julia a woman of colour
plaintiff & Samuel J M Kinney , Defendant
on the part of the said defendant
Henry Baitman of lawful age being
deposeth & saith[?] produced sworn & ex
amined on the part of the said defend-
ant deposeth & saith, in answer to Inter
rogatories[?]
Interrogatory
1st And you acguainted with the parties
in the [illegible] of this suit named & [illegible]
so at what time did you become acguaninted
Answer - I am not acquainted with defendant
Mrs Carringtion came into Pike county Illinois
near to Philips ferry in the neighbourhood
in which I then lived & brought with her
a woman of color named Julia , who
I suppose to be the Plaintiff to this suit
on or about the 15th day of November
1825, She the said Julia continued
there with Mrs Carrington about
two weeks during which time I was acquainted with her. At the end
of which time she was taken by Joseph
Carring since deceased (the son of Mrs Carringtion)
to Missouri & there hired out to labour, since that time I have not been ac-
quaninted with her or seen her more than
once.
Interrogatory
2nd When & where did your see her afterwards

---

**Page 107** (6733_107.jpg)
Answer to
2nd. Interrogatory About the time of Christmas Holidays of
the year 1829. I saw her at Mrs Carringtons aforesaid.
Question 3rd. At what time did she return to Missouri
again, & who went with her.
Answer She returned the monday after Christmas & Joseph Carrington aforesaid went with her
Question 4th. Did her little Daughter go with
her to Missouri at that time
Answer No The child went with her when
She first was taken to Missouri &
had not been brought back to
Illinois
Question 5th. Do you know why Julia was not
taken to Missouri immediately
after Mrs Carrington brought her
to the neighbourhood[?] of Philips ferry
Answer - About the time she came there her
(Mrs Carrington's[?]) horses ran away &
were gone about a week during
which time Joseph Carring (her only son able to do business) & myself were hunting for them - It was also understood that The Missippi[?]
River could not be safely crossed
at that time on account of ice
[illegible] in it.

---

**Page 108** (6733_108.jpg)
> *Legal Function: Deposition of Henry Baitman Part 2*

Question 6th. Was or was not Mrs Carrington about the
time anxious to send the said Julia to Missouri without delay
Answer She manifested much anxiety to send
her, & did send her as soon as was practicable
Question 7th. Are you acquainted with the gener-al[?] character of Nancy Bright , [illegible]
Answer - I have been acquainted with her
general character for four years
Question 8th. From your knowledge of her
Character, would you beleive[?] her
evidence given under oath
Answer In a case where she has prejudice
I beleive she[?] would be as apt to sware[?]
falsely as to sware[?] the truth
Question 9th. Is the said Nancy Bright the same person who was formerly reputed to be
the wife of [illegible] Philips & did she
live with said Philips as his wife
Answer - She is the same person & she did
live with the said Philips as his
wife

---

**Page 109** (6733_109.jpg)
Question 10th. Do you know what was her proper name
when she lived Philips
Answer I do not but I have understood It was
Nancy Morris
Question 11th. Was the said Nancy friendly with Mrs Carrington
Answer In the years 1829 & 1830. when I was last personally acquainted with her she
was very unfriendly with Mrs Carrington

*Henry Baitman*
> *Legal Function: Affidavit*

I James A Ralston a Justice of the Peace within & for
the county of Adams & State of Illinois, do
here by certify, that Henry Baitman, the Deponent
was by me sworn to testify the whole truth of
his knowledge touching the matter in contro
versy in the case aforesaid That the Deponent
was examined & his examination reduced
to writing & subscribed by said Deponent
in my presence on this Eighteenth day of
March Eighteen hundred & thirty four, between
the hours of Ten o clock in the fournoon[?] & of
Two o clock in the afternoon at the office of
A Williams Esq in the town of [illegible] in the
County of Adams & State of Illinois
Given & Certified by me this 18th day of
March in the year 1834.

*James A . Ralston [illegible]*

---

**Page 110** (6733_110.jpg)
> *Legal Function: Affidavit*

State of Illinois
Adams County
I James A Ralston Jus-tice[?] of the peace within & for the County
of Adams, & State of Illinois, do Certfy that
in pursuance of the within commissions &
notice, Came before me, at the office of
Archibald Williams in the town of [illegible]
& County & state last aforesaid, Henry
Baitman, who was there by me sworn &
examined & such examination reduced to
writing, & subscribed by him in my
presence & his said depositions is
now herewith returned.

*Given at [illegible] in the County
of Adams & state of Illinois, this
18th day of March 1834 James A .Ralston [illegible] for taking the aforegoing[?] Deposition H [illegible]
Advanced by defendant, [illegible]*

---

**Page 111** (6733_111.jpg)
> *Legal Function: Caption*

Julia
vs
M Kinney
for Deft

*opened & filed
March 26 1834 A Gamble clk*

---

**Page 112** (6733_112.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois*

COUNTY OF ST. LOUIS ,SCT. State of Missouri , 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 Julia (a woman of color) or by Samuel M Kinney
or her or his attorney or agent, and him 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 Julia is
plaintiff and Samuel M Kinney is
defendant on the part of the Plaintiff and having so 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 tenth day of April in the year
of our Lord, one thousand eight hundred and thirty-four
Archibald Gamble - Clerk, C. C.*
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois Part 2*

Farm of heading & certifying Depositions
“ The depositions of witnesses taken before me
“ A P. a Justice of the peace within & for the county
" of Pike and state of Illinois at the Court house
“ in the town of Pittsfield in said county on the
(here insert the day, or days when the depositions
shall be taken) between the hours of eight
O clock in the founoon & Six O clock in the
afternoon of the same day (or days)between
the hours ofto be read in evidence in a
certain cause pending in the court &
between the parties in the [illegible] -
commission mentioned
A B of lawful age being produced sworn &
examined on the part of the plaintiff
deposeth & saith here insert the statement
of witnesses-. The witnesses must sign his
disposition & it must be written in presence
of the Justice & at the foot of each
deposition the Justice
must state the date
[illegible] as follows sworn & subscribed
before me
This 17th day of april 1834 A P I P.

---

**Page 113** (6733_113.jpg)
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois Part 3*

At the fact of all the depositions must be a
certificate in the following form
I A P a Justice of the peace within & for the county of
Pike & State of Illinois do certify that the above deponents were by me duly sworn to testify the
whole truth of their knowledge touching the
matter in controversy between the parties afore-said that then examinations were reduced
to writing & by them respectively subscribed
in my presence on the days between the hours
& at the place in that behalf first aforesaid

*A P J P*
> *Legal Function: Order to any Judge or Justice of the Peace of the State of Illinois Part 4*

Nature has been [illegible] on the defendant that
the plaintiff will take depositions at the
court house in the town of Pittsfield in the
county of Pike & State of Illinois on the
17th the day of april 1834 between the hours
of 8 o clock A. M. &[?] 6 o clock P M. of
that day & that she will continue
taking depositions there from day to day
between the same hours of each day
[illegible] as is necessary
The depositions must be taken at the
very place must be begun on the
day between the hours named in
the notice to

*G A Bird*

---

**Page 114** (6733_114.jpg)
> *Legal Function: Deposition of Abram Shull, Adam Bickerdike, Thomas K. Norris, William Shull, Nancy Bright, Andrew Phillips, W. Jane Phillips*

The depositions of witnesses taken before me
Mearel. E. Rattau a justice of the peace within and for
Pike County and state of Ill at the court house
in the town of Pittsfield in said county on the seventeenth
day of April A D 1834 between the hours of 8 o clock
A M and 6 P M of the same day to be red in
evidence in a certain case pending in court between the
parties in the commission mentioned
Abram [illegible] of lawful age being produced and sworn
& examined on the part of the plaintiff Deposeth & saith
Question are you acquainted with Mrs Lucunda Carrington[?] and
if so how long (answer) before she came to the Ill
and since within one or two weeks after she came
Qn[?] when did she come to the Ill
An” in oct” A D 1829
2 did or did she not bring A woman of color named
Julia and a child named Harriet .
Ans, she did and they was at my house frequently
that fall and winter
2[?] Did Mrs Carrington treat them as salves Ans My understanding was that they was subject to Mr.
Carringtons control and in my presence was treated as
slaves
Ques, How long did Mrs. Carrington keep those slaves in
Ill. before she carried them to Missouri
Ans I cannot state the time But I recollect of
saying that she had as well be careful as she
might, get herself in difficulty [illegible] By keeping slaves too long in the Illinois
Ques How long more you resided in the Ills
ans about nine years come fall in this county
Ques Do you know of Julias any feat for at
Mr [illegible] for Mr Carrington
> *Legal Function: Deposition of Abram Shull, Adam Bickerdike, Thomas K. Norris, William Shull, Nancy Bright, Andrew Phillips, W. Jane Phillips Part 2*

Julia
vs
M Kinney
opened & filed
april 28 1834

*A Gamble Clk*

---

**Page 115** (6733_115.jpg)
> *Legal Function: Deposition of Abram Shull, Adam Bickerdike, Thomas K. Norris, William Shull, Nancy Bright, Andrew Phillips, W. Jane Phillips Part 3*

Ann Bickerdike of lawful age being Produced
and sworn on the plaintiff Deposeth and
sayeth Question state[?] if you please when
Mrs Carrington Came to the Ills and whether
or not that she brot[?] with her Julia
and Harriet persons of Color
Ans she came here the last of oct 1829
and did Bring Julia and Harriet with her
Question did Mrs Carrington treat Julia as
a slave. Ans Julia the plaintiff did
obey Mrs Carrington in my presence and Mr
Carrington called her her properly that is
She Mrs Carrington & family was at my fathers from wednesday till
friday during which time Julia obeyed
Mrs Carrington and did her work like any
one elses slave[?] so far as i know
Question have you been acquainted with slavery
and know how they are treated by their
master & mistresses. Ans I have lived in a slavestate[?] 15 or 20 years. Question do you know
of Julia washing for Mr Morris Ans I do know that she washed for Mr Morris
State as near as you can how long Julia & Harriet
was in the Ill before they were sent to
the Missouri in the fall of of 1829 Ans
I dont know exactly it might have been one month
and further the deponent saith not

*Ann Bickerdike X mark*
> *Legal Function: Affidavit*

I M.E. Rattau A justice of the peace in and for the county and state
aforesaid do certify that Ann Bickerdike was by me sworn and examined on the part of the plaintiff as touching
the matter where in Julia a woman of coulor is plaintiff
and Samuel J M Kinney Defendant and her examination
reduced to writing by me on the 18th day of April A D1824
between the hours of 8 o clock A M and 6 P M of
the same day at the court house in

---

**Page 116** (6733_116.jpg)
> *Legal Function: Deposition of Abram Shull, Adam Bickerdike, Thomas K. Norris, William Shull, Nancy Bright, Andrew Phillips, W. Jane Phillips Part 4*

Pittsfield Pike County Ill

*M.E. Rattau J. P.*
> *Legal Function: Deposition of Abram Shull, Adam Bickerdike, Thomas K. Norris, William Shull, Nancy Bright, Andrew Phillips, W. Jane Phillips Part 5*

[illegible] of lawful age being produced and
sworn on the part of the plaintiff Deposeth
and sayeth[?] Question will you state the time
as near as you can when Mrs Carrington Came to this
county Ans Sometime in Oct (the Latter Part)
in A D 1829 Question Do you know that Mrs Carrington brot[?] with her Julia a woman of
Colour and her Child Harriet . Ans I do know
that She did Question Did you work for Mrs Carrington in A D 1830 if you did how long Ans One month and a half
which work was done between the first of July 1830
and first of Sept 1830 Question Did Mrs Carrington loose her Child in the time spoken of about the work
Ans She did Question. Do you know of Julias having
been at Mrs Carrington in A D 1830 and if so how
long Ans She was there But I cannot tell how
long Question was Julia at Mrs Carrington while
the Child was sick. Ans I either saw her
at Mrs Carringtons while the child was sick or
afterwards (Question) Did you see Julia at
Mrs Carringtons in the year 1830[?] for 4[?] weeks or not. Ans
I think Not. Question Do you or not know
that Julia was at Mr Carringtons in A D 1830
more than eight weeks Ans I do not
Question was or was not Julia to your Knowledge
at Mr Carringtons in A D 1830 more than six weeks. Ans, I do not know
Question Do you know that Julia was not
at Mrs Carringtons more than six weeks
in A D 1830 Ans I dont know that she was
there that long Question at what time do
you see Julia at Mrs Carrington 1830
Ans I dont remember

---

**Page 117** (6733_117.jpg)
Ans Julia & some of the family stayed all night at my
house and in the morning word came for Julia to go over to Mathises[?] and spread some flax that Mrs Carrington had got of [illegible] and she went Question are you acquainted with Haston Wells
Ans I am Ques what is his character as to truth and
verasity[?] in his neighbourhood in[?] general
Ans It is not good so far as I know it is not good bad
Question Do you recollect of Mrs Carrington loosing her
horses shortly after she came here Ans, I did and I went and [illegible] two of
the boys where I heard they were but when I got there the horses had been there, just before, and had
left and was not found at that time
Ques How long did you understand her horses was lost
before she found them
Ans one week or ten days or about that time Ques Are you acquainted with Nancy Bright, and if you
are what is her general character in relation to truth
and verasity[?]
Ans I never heard it disputed or Doubted, untill lately in taking Depositions in this case now in[?] Consideration
Ques are you acquainted with J.B.Mathis
Ans Yes
Ques Do you know that he married Mrs Carringtons
daughter the winter after she came here
Ans It is so he did and they have lived together ever since and further the Deponent saith not

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

I M.E. Rattau a justice of the peace in and for Pike county and state of Ills do certify that the above
deponent was by me sworn to testify the truth in

---

**Page 118** (6733_118.jpg)
> *Legal Function: Affidavit Part 2*

Question in what time did Mrs Carrington loose her child in A D 1830 Ans I dont remember in what time of the year it was. Question
was it between July and Sept 1830[?] Ans
it was. (Question) at what time of 1831
did Mrs Carrington send Julia to St Louis and
sell her. Ans I dont know. Question Did
or did not Mrs Carrington keep Julia in the
Ill till it was much talked that she
would loose r or She Julia would or had got her
freedom. Ans There was a talk of it
in 1829. Question Hpw long[?] did Mrs Carrington
keep Julia in the Ills in 1829 Ans I
cannot tell how long. Question was Julia sick
when Brought from Missouri in 1830[?] and if so how long did she remain sick Ans She so She was, but I dont know how long she remained sick and further the deponent saith not

*Thomas Thomas K*
> *Legal Function: Affidavit*

I M.E. Rattau a justice of the peace in and for Pike
county and state of Ills do certify that
was by me sworn and examined on the part of the plaintiff as touching the matter now under consideration
wherein Julia (a woman of colour) is plaintiff and
Sam J M Kinney is defendant, and his examination reduced to writing by me on the 18th day of
April between the hours of 8 A M and 6 P M of the same day A D 1834 done at the court house in Pittsfield County & State aforesaid

*M E Rattau J P*
> *Legal Function: Affidavit*

State of Ills County of Pike
I M.E. Rattau A justice of the
peace in and for the county of Pike and State of Ills do certify that the above deponents was by
me sworn to testify the whole truth of their knowledge
touching the matter in controversy between the parties

---

**Page 119** (6733_119.jpg)
relation to the mater in suit where in Julia a
woman of Colour is plantiff and Sam J M Kinney
Defendant and his examination reduced to writing
by me and signed by him in my presence on the
17th day of April at the court house in Pittsfield between the hours of 8 A M
and 6 P M of the same day in A D 1834

*M E Rattau*
> *Legal Function: Affidavit*

William Shoell[?] of lawful age being produced
and sworn & examined on the part of the plantiff
Deposeth and saith
Question Are you acquainted with Mrs Carrington and if you are
how long have you been acquainted
Ans Ever since the fall of 1829[?] when she first
came to this state. I saw her the day after
her arrival at Philioes Ferry[?]
Ques Did she bring with her, a woman of coulor[?] named Julia and
Harriet her daughter
Ans she did or at least she told me so
Ques Did Julia & Harriet live with Mr Carrington
and were they treated as slaves
Ans they were treated as slaves But Mrs Carrington
was very kind to them, and they was subject
to her control & her Commands in my presence and
I was frequently there
Que how long did Mrs Carrington keep them Julia & Harriet here
before she sent them to Missouri
Ans she Brought them here in Oct and some
time after sent them as I understood to
Missouri and I saw her at Mrs Carringtons
the day before christmas at Mrs Carringtons daughters wedding and she assisted in preparing
the dinner &c and I have no doubt but that she
stays at least one month in the Illinois before
she was sent away the first time

---

**Page 120** (6733_120.jpg)
> *Legal Function: Deposition*

Ques how long [illegible] she stay the second time before
she went back; Ans I think one week at least
Ques did you see Julia working at Mrs Carringtons after
she came over from Missouri , Ans I saw her
assisting in [illegible] for the wedding as before
stated
Ques Is J B Mrs Carringtons
Ans he married Mrs Carringtons daughter Minerva
Quest Where did he live in the summer and fall
of 1830 and how far from Mrs Carrington
Ans in Morgan County this state and about
12 or 15 miles distant from Mrs Carrington
Ans Did you understand from Mrs Carrington
when she first came to this state the [illegible]
intended to settle herself in this state
Ans I did understand that she was wishing
to settle here and consequently I went with
them to show them the county as they might
make a choice
Ques was it cold weather when Mrs Carrington
arrived and was there ice in the river
Ans the weather was not cold and no ice
in the river I with my sister cross the
river into Morgan County Ills and stay two
or four days and recrop[?] back again and the
river was yet clear of [illegible] and the
weather not disagreeable and further the
deponent saith not

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

I M E Rattau a justice of the peace in and for Pike County
and state of Ills do hereby certify that William Scholl[?] was by me sworn and examined on the part
of the plaintiff as touching the matter in suit
wherein Julia a woman of coulor is plaintiff[?]
and Sam J M Kinney is defendant and his examinaton[?] reduced to writing by me on the 17 day of Aprile

---

**Page 121** (6733_121.jpg)
aforesaid that 4[?] their examination were reduced
to writing by me and respectively subscribed in my
presence on the days of the 18 and 19th of april
between the hours of 8 a m and 6 p m of the samedays[?] 1834 at the place and in that behalffirst aforesaid[?]

*ME Rattau*

---

**Page 122** (6733_122.jpg)
> *Legal Function: Affidavit*

A D 1834 between the hours of 8 o clock A M and
6 P M at the Court house in Pittsfield Pike Co Ill

*M E Rattau*
> *Legal Function: Deposition*

Nancy Bright of lawful age being produced and sworn
and examined on the part of the plaintiff Deposeth
and sayeth[?]
Question are you accquainted[?] with Mrs Carrington
and if so how long Ans yes I have been long
before she came to this state from [illegible] and
ever since she came to this county I have
seen her frequently at my house
Question Do you recollect how long Mrs Carrington
has been in this state. Ans she came
to this county sometime in Oct D 1829
to my house, but did not unload her furniture there but she got a Cabin of
one Mr Bennet about one mile & a half
below where I lived where she went to and
she remained there till near spring
Question Do you know that Mrs Carrington Brot Julia a[?] woman of col, and Harriet her daughter in to this state with her Ans I do know
that they came with them and was called her properly
Question Did Mrs Carrington treat Julia & Harriet
as slaves Ans Julia went by Mrs Carrington
orders and Mrs Carrington told me that Julia the Black Woman and her Daughter (Mrs Carrington) Minerva might work for me
for [illegible] & c and they both was
in my employ and I paid Mrs Carrington
Ques How long did Mrs Carrington keep Julia and
Harriet in this state before she sent them
to Missouri ; Ans some where near four
weeks, then I saw no more of her till near
christmas and then they took her they soJulia to Missouri

---

**Page 123** (6733_123.jpg)
> *Legal Function: Deposition*

Question Question how long did they keep Julia & Harriet
here when they was over at christmas times Ans one week or ten days
Quest did not Mrs Carrington tell you after her arrival that she wanted
to settle in the Ills Ans yes she told me
she did intended to
Ques Did or did not Mrs Carrington offer to purchase
the ferry of Mr Philips and offered this
girl Julia in payment for the same [illegible]
[illegible] Ans she did if Julia was willing [illegible]
Question how was Mrs Carrington in a habit of
treating Julia in Kentucky Ans about
like her own Children
Question did Mrs Carrington hire Julia to you to work
for you Ans She did and I paid Mrs Carrington
for the same
Question will you explain the reason why you have
been called Nancy Morris & Nancy Bright
Ans My former husband was named David
Morris and after wards in 1832 I was
married to George Bright
Question Do you recollect what the weather was
about the time that Mrs Carrington came
to Pike County Ill and for two weeks
afterwards Ans it was tolerable pleasant weather and and no ice to stop the
Navigation of the river.My Daughter
Question Do you recollect of Mrs Carringtons horses straying from her shortly after she came here
Ans yes after she moved into Bennets Cabbin

---

**Page 124** (6733_124.jpg)
awhile her son Joseph came to our house enquiring after them and I understood
that they found them in a few days
after wards and I saw them riding then
and further the deponent saith not

*Nancy Bright*
> *Legal Function: Affidavit*

I M.E. Rattau a justice of the peace in and for the
county and state aforesaid do certify that
Nancy Bright was by me sworn and examined on the part of the plaintiff as touching the
matter wherein Julia a woman of colour is plaintiff and Samuel J. M Kinney is defendant
and her examination reduced to writing by me
on the 17th day of Aprile 1834 Between the
hours of 8 o clock A M and 6 o clock P. M. at
the court house in Pittsfield Pike County Ills

*M.E. Rattau*
> *Legal Function: Deposition*

Andrew Philips of lawful age being produced and
sworn and examined on the part of the plaintiff
deposeth and sayeth[?]
Question Do you know when Mrs Carrington first came to the Ill if so state
Ans The last days of oct in the year of 1829
Ques Did or did she not bring with her Julia
a woman of colour and her Child Harriet
Ans I saw the Julia the plaintiffwith the family
after they came here and it was said that
She Julia came with them
Will you state how long Mrs Carrington kept Julia
and her Child in this stat[?] before she sent them
to Missouri the first time
Ans I cannot state any length of time precisely
but I understood that they were sent to this
[illegible] before christmas and brot back[?] again about

---

**Page 125** (6733_125.jpg)
> *Legal Function: Deposition*

Chrismas to Mrs Carringtons daughters wedding
Question Did or did not Mrs Carrington say when she
arrived in the Illinois that she came to settle
in the state, Ans I so understood from report that
she intended to settle in the Ills
Will you state as near as you can the time Mrs Carrington moved into Bennetts cabbin Ans the last days
of oct 1829 Question state if you please whether
or not that Mr Carrington tried to enter your ferry
in Nov 1829. Ans I was informed on the 19th or 20th
Nov by my father that Mrs Carrington son Joseph
had gone over to the Morgan ride to get the numbers of the landing
of my ferry and accordingly I started on to Spring
=field to enter the land and I understood that
Joseph Carrington went as far as Jackson ville[?]
on his way to enter the said ferry but found I was
too far ahead and he turned Back home
Stat if you please how far [illegible] lived from
Mrs Carrington in the opinion & number of 1830 Ans in in the spring of 1830
Mrs Carrington moved onto the Quincy road in Pike County and
Beny Mathis over to morgan county distant about
10 or 15 miles from Mrs Carrington
Ques, Is or is not Benj Mathis Mrs Carringtons son
in law - Ans it is said that he married
daughter and they do live together
Ques, state if you please Nancy Brights general
character as to truth and verasity[?]
Ans as to common report I don't know of any
thing against it
Ques State if you please the general Character
of Hart, Wells for truth and verasity
Ans as to the above Question I cannot say
Question How far does Haston Wells live from you
Ans about four miles distant

---

**Page 126** (6733_126.jpg)
Question how long has Haston Wells lived within that
distance of you, and How long have you been
acquainted with him Ans within that distance
about 3 years, and I have been acquanted with
him partially some years before I came to this
State Question have you or not ever heard any
thing general for or againist his character for truth
and verasity Ans I cannot say
Question What is William Bennetts character in his
neighborhood as to truth and verasity[?]. Ans I do not consider
it very good and further the deponent saith not

*Andrew Philips*
> *Legal Function: Affidavit*

I M.E. Rattau a justice of the peace in and for pike county and state
of Ills do certify that Andrew Philips was by me sworn and
examined on the part of the plantiff as touching the matter
where in Julia a woman of colour is plaintiff and Samuel J. M Kinney
is defendant and his examination reduced to writing by me
on the 18th day of aprile [illegible] 1834 between the hours of
8 o clock A M and six P. M. at the court house
in Pittsfield Pike county Ills.

*M>E. Rattau J P*
> *Legal Function: Deposition*

Mr Mrs Jane Philips of lawful age being produced and
sworn and examined on the part of the plaintift
Deposeth & saith Question how long have you
been acquanted with Mrs Carrington . Ans ever since
the fall of 1829 the 1st of Nov. Do you know
of her having with her Julia & Harriet of coulor[?]
Ans I saw them with them were they
Mr. Carringtons slaves. Ans they was so called
Ques Do you know of Julias having worked for
Mr [illegible] Ans I saw her at [illegible]
washing and I saw Mrs Carringtons children come
and receive soap in pay as Mr Norrris said for washing

---

**Page 127** (6733_127.jpg)
> *Legal Function: Deposition Part 2*

State as near as you can how long Julia
and Harriet was in this state before they
were sent to Missouri Ans Sometime after
Mrs Carrington came here in the fall I saw Julia
and Harriet going by my house it was said to Missouri
and some time about Christmas Julia was at Mrs Carringtons daughters wedding report said so
Question Did you see Julia at mrs Carringtons in
1830 and if so what time in that year
Ans in the fall when Mrs Carrington lost her
child. (Question,) Dis or did not Mr. Bird and
Nancy Bright hunt ducks together in the Ills
Bottom Ans the watter was up in
the garden at my house and Mr Bird shot at
a duck and Mr Norrises[?] as was then dog seen unto the watter
after it and It allamed my child so Mr Norris
[illegible] out to call her dog out of the watter so
as to pacify my child and this is all that I know
of the duck hunting and further the deponent saith not

*Jane his X mark Philips*
> *Legal Function: Affidavit*

I M.E. Rattau A justice of the peace in and for Pike
county and state of Ills do certify that Mrs Jane Philips was by me sworn and examined on the part of the
plantiff as touching the matter in suit wherein
Julia (A woman of colour is plantiff and Samuel J M Kinney is dept and her examination reduced to
writing by me on the 18th day of April between the
hours of 8 A M and 6 p m of the same day[illegible]
1834 at the court house in Pittsfield Pike Co Ills

*M.E. Rattau*

---

**Page 128** (6733_128.jpg)
> *Legal Function: Bill of Costs*

Julia a woman of coulor[?]
against
Sam J M Kinney
Fee Bill
Plantiff Dr To M.E. Rattau J P To fees for Taking Depositions
|   |   |
|---|---|
| To ensuing 2 subpoenas 18 3/4 ea | 37 1/2 |
| To ensuing 2 attachments 18 3/4 [illegible] | [illegible] |
| To [illegible] - - 6 1/4 [illegible] | 43 3/4 |
| To writing 7 depositions amounting
in all to 2 thousand word | |
| To at 12 1/2 for every 12 - words | 3. 37 1/2 |
| To writing 8 certificates | 2. 00 |
| Justices fees - | $ 6. 56 1/4 |
| Constables for serving 7 subpoenas[illegible] | 87 [illegible] |
| [illegible] on all 32 [illegible] 5 [illegible] | 35 |
| [illegible] for [illegible] | |
| with [illegible] on the same | 1.10 |
| [illegible] | [illegible] 3. 32 1/2 |
| [illegible] | |
| 7 [illegible] 50 [illegible] | $ 3.50 |
| amount in all | $ 13. 38 [illegible] |

*I certify the above to be a true Bill
of costs for taking depositions as above
named on the 17th & 18th days april 1834 M.E. Rattau J P*
> *Legal Function: Affidavit*

[illegible] of Gustavus A Bird [illegible]
in full of the above for Bill may 7th 1834

*M E Rattau*

---

**Page 129** (6733_129.jpg)
> *Legal Function: Caption*

Julia a women of color
against
Saml. L. McKinney
Bill of
Cost
$ 13.38 3/4[illegible]

---

**Page 130** (6733_130.jpg)
> *Legal Function: Subpoena for John Simmonds, Charles Colhors, William Risley, Joseph Zabor*

County of St. Louis , sct. State of Missouri , To the Sheriff of St. Louis County-Greeting.
You are hereby commnaded to summon John Simonds Charles Colhors
Wm. Risley Joseph Zabor
that setting aside all manner of excuse and delay,t he be and appear in proper person
before the judge of our Circuit Court ,[illegible] forthwith [illegible]
at the city of St. Louis , then there to testify and
the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia is plaintiff and
Saml Mc Kinney defendant on the
part of the plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 26th day of Apl
an the year of our Lord one thosuand eight hundred and thirty four Archibald Gamble Clerk C. C.*

---

**Page 131** (6733_131.jpg)
> *Legal Function: Caption*

March Term 1834
Julia a woman of colorvs[?] Saml Mc Kinney[?]
For plff

*John Sim and[?] 25 Chas Collens[?] 25[?] Wm Risley 25[?] Joseph Tabon[?] 25[?] forthwith*
> *Legal Function: Certificate of Execution*

Executed this writ on John Simonds
on Charles Collins & on Wm Risley & on
Joseph Talor[?] by reading it to them in
the county of St Louis the 25 April in 1834

*JK Walker[?] sheriff Servis $ 2.00*

---

**Page 132** (6733_132.jpg)
> *Legal Function: Subpoena for Silas Drake and Joseph Zabor*

County of St. Louis , sct. State of Missouri , To the Sheriff of St. Louis County-Greeting.
You are hereby commanded to summon Silas Drake &
Joseph Labor that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge our our Circuit Court , [illegible]on the forthwith [illegible]
at the City of St. Louis , then and there to testify and
the truth to say in certain matter of controversy now pending in our said Court, wherein Julie is plaintiff and
Samuel McKeriney[?] defendant on the
part of plaintiff and have you then there this writ.

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

---

**Page 133** (6733_133.jpg)
> *Legal Function: Caption*

Julie vsWm. Keriney[?]
for

*Silas Drake
Joseph Labor
forthwith
for plaintiff*
> *Legal Function: Certificate of Execution*

[illegible]this writ on SilasDrake and for[?] When on the
1st May[illegible] 1884 [illegible]
from St. Louis .

*[illegible] [illegible]
[illegible] for $ 1,00*

---

**Page 134** (6733_134.jpg)
> *Legal Function: Subpoena for James P. Spencer, Henry Frances*

County of St. Louis , Sct. State of Missouri , To the Sheriff of St. Louis County-greeting.
You are hereby commanded to summon James P Spencer Henry Francis that setting aside all manner of excuse and delay, he be and appear in proper person
before the Judge of our Circuit Court ,[illegible] forthwith [illegible]
at the City of St. Louis , then and there to testify and
the truth to say in a certain matter of controversy now pending in our said Court,
wherein Julia is plaintiff and
Samuel T McKeriney is[?] defendant on the
part of the plaintiff and have you then there this writ.

*Witness, Archibald Gamble , Clerk of our said Circuit Court , at the
City of St. Louis , this 1st day of May
in the year of our one thousand eight hundred and thirty four A Gamble Clerk C. C.*

---

**Page 135** (6733_135.jpg)
> *Legal Function: Caption*

March Term 1834
Julia
vs
ST McKenney[?]
for the plff

*[illegible] James P Spencer
Henry Francis forthwith*
> *Legal Function: Certificate of Execution*

Executed this writ on James P . Spencer
by reading it to him in St. Louis County May 2nd
1834 Henry Francis not found in my county

*John [illegible]
by John K Walker Shff by Isaac*
> *Legal Function: Certificate of Execution*

|   |   |
|---|---|
| Service | 50 |
| [illegible] | [illegible] |
| | 62 1/2 |

---

**Page 136** (6733_136.jpg)
> *Legal Function: Plaintiff's Motion to Set Aside Verdict*

Julia a woman of colour
vs
Samuel McKensey[?]
[illegible] The plaintiff moves the court [illegible]
and grant a new trial to the case
1 Because the court [illegible] the jury
2 Because the jury found contrary to the evidence [illegible]
3 Because they found contrary to the [illegible] of evidence

*[illegible]
[illegible]*

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**Page 137** (6733_137.jpg)
> *Legal Function: Caption*

Julia a woman of color
vs
Sammul Me Kenney
reasons for New Trial

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**Page 138** (6733_138.jpg)
> *Legal Function: Jury Instructions*

1 That if the jury believe from the evidence that the plaintiff
Julia was taken into the State of Illinois by her owner with-
out any intention on the part of such owner to make
the State of Illinois the residence of said
Julia that the plaintiff is not entitled by such remov-
al into that State to recover in this action
2 That the taking of the plaintiff into the State of Illinois
by her owner
for the purpose of curing her of
sickness and with the intention of returning herinto Missouri when she should be recovered of such
illness does not entitle her to recover in this action
3 That the plaintiff is not entitled in this case according to the
evidence to recover her freedom under the 2nd section of the 6th
article of the constitution of the State of Illinois

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**Page 139** (6733_139.jpg)
> *Legal Function: Caption*

1 and 2 Instructions given
by the court in the
case of
Julia vs Mc Kinney[?]
No 1
> *Legal Function: Caption*

To instruction given by the court in case of
Julia vs McKinney
No 2

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**Page 140** (6733_140.jpg)
> *Legal Function: Affidavit of W.S. Whitney*

State of Illinois [illegible] County Ss
The depositions of Lenard [illegible], William [illegible]
and Henry J. [illegible], of the County and State aforesaid, witnesses pro-
duced, sworn[?] and examined, before James [illegible], a Justice
of the Peace, in, and for the said County and State, who met on the
twenty fifth day of July [illegible], at the office of the clerk of the [illegible]
Court in [illegible], in the County and State aforesaid, but not being
able to complete them on that day. the further taking of said deposi[?]-
tions, was adjourned to the next day at nine o'clock in the
forenoon at the same place, at which time and place the said
depositions were completed as herewith enclosed, and were taken
in [illegible], [illegible] out of, and under the
seal of the Circuit Court of the county of St. Louis, and State of Missouri , bearing
date on the third day of June in the year of our Lord one thousand eight hundred
and thirty one, to the said Justice directed, to be used as evidenceof a
certain suit at common law, now pending and undetermined in the said
Circuit Court of the said County of St. Louis . Wherein Julia a woman of colour
is Plaintiff and Samuel McKinney is defendant, on the part of the Plaintiff
the said Lenard [illegible] and William and Henry J. [illegible], being first Julysworn according[?] to law, did [illegible] and say as follows. [illegible]

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**Page 141** (6733_141.jpg)
> *Legal Function: Jury Verdict*

We the Jury find for the
plantiff[?]

*[illegible]*