Polly Wash, a woman of color v. Joseph M. Magehen

Item

Polly Wash, a Woman of Color V. Joseph M. Magehen. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60866

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Case Title: Polly Wash, a woman of color v. Joseph M. Magehen
Series: Freedom Suits
Plaintiff: Wash, Polly
Defendant: Magehan, Joseph M.
Date Filed: 1839-10-03
Filing Date: 1839-10-03
Plaintiff’s Attorney: Harris
Court Name: St. Louis County Court
Court Term: 1839-10
Clerk: Ruland, John
Justice of the Peace: Lawless, Luke E.
Sheriff: Brotherton, Marshall
Cause of Action: Trespass; False Imprisonment; Assault; Battery
Case Notes: Plaintiff Wash sold away at age 14 from her mother in Kentucky to individual in Illinois; served as chambermaid on steamboat \Banner\"; mentions Taylor Berry
Identifier: ccr1839.06787.040
Source: Missouri State Archives - St. Louis
Rights: Public Domain
PDF Download: Download PDF of all images
Transcription: **Polly Wash, a woman of color v. Joseph M. Magehen**

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**Page 1** (6787_001.jpg)
> *Legal Function: Certificate of Filing*

Thomas [illegible]
of [illegible]
[illegible] by him - to
[illegible]
[illegible]
[illegible]
Circuit Court [illegible] Co. 1839
St. Chambers
Petition of - - -
Polly [illegible] - -
[illegible]
Sue on a poor person
to [illegible]

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

St Louis County
State of Missouri
I the undersigned
Judge of the circuit court for County of St
Louis in State of Missouri to make the following
in the matter of petition by Polly Wash to [illegible] case
to sue as a poor person to [illegible] her literty- to [illegible],[illegible]. that the said Polly wsh be allowed to sue as as poor person
to establish her right to freedom; sue as a poor person and assign Harris as her counsel
as the [illegible] - - - 2nd That the said Polly Wash here
reasonable liberty to attend her counsel and the court as [illegible]
may require, that the he not [illegible] that of the jurisdiction
of this Court that he not subject to any servity on account
of her application for freedom - Witness my hand & seal this
9th day of October 1839

*[illegible]*

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**Page 2** (6787_002.jpg)
> *Legal Function: Petition to Proceed In Forma Pauperis*

To the Honorable Luke E [illegible] Judge
of the Circuit Cout for County of Missouri are
the State of Missouri
The petition of Polly Wash respectfully the following statement for the purpose
of attaining lease to the as a poor person in
the prosecution of a suit to [illegible] her freedom
your petitioner [illegible] that some time in the
year of 1820. on 21. She was residing in Wayne
County. Kentucky in the custody of [illegible] the
slave of one Joseph [illegible]- that sometime
in the same [illegible] the exact month not now
recollected, when she was fourteen years of age
she was removed by said [illegible] her [illegible] &
home as aforesaid to the state of Illinois & resided under his charge & immediate control
at a place about four miles from the town
of Edwardsville[?] in said state for several weeks
during which time out by her master
aforesaid to different persons to spin &
perform the usual [illegible] & duties incumbent
upon a house servant at the State of two
dollars a week- That her said master regularly [illegible] this amount of [illegible] as the remuneration
for her services[illegible]
[illegible]That-
afterwords your petitioner was taken up
the missouri river & detained for about
five years- That after different [illegible] & trespass
she was at last treated in the family of
the Taylor Berry) and these remained twelve
or thirteen years. during which time after
the decade of said Berry one Judge Wash
of this County who married the widow of said
Berry as agent in the [illegible] out of year
petitioner- and about four years ago was hired by said Wash , to one [illegible]
of the [illegible], as [illegible]

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**Page 3** (6787_003.jpg)
and in that capacity of chamber
made several trips up the Illinois as
for as [illegible], for wages at the rate of fifteen
dollars a month & or one time within
the jurisdiction of the State of Illinois has
detained for atleast five weeks[?]. That she has
hired by by said Wash for the [illegible] purpose
of running up of said [illegible] of Illinois
and judge Wash [illegible] the wages
the rate of fifteen dollars a month for the
[illegible] as aforesaid -
Your petitioner [illegible] that she is restrained of then liberty by one [illegible] who holds her
[illegible] by [illegible] of a sale to him by a [illegible] of this County, that she is poor & her so porperty of her own on the strength of which to
pay costs of suit in presenting her claim
to freedom- She therefore prays, in as
much as the above facts can he fully establiched. That she may be permitted
to sue as a poor person in order to obtain
her freedom- her in duty found
she will [illegible]

*her
[illegible] x Wash
mark*
> *Legal Function: Affidavit*

State of Missouri
County of St. Louis ss.
But remembered that on this
third day of October, eighteen hundred and thirty nine
before the [illegible] .F.M.Kenny! a Justice
of the plea certain and for the county aforesaid, came
[illegible] Wash , and made oath that the facts continued
in the foregoing petition, so far as stated from her [illegible]
knowledge, are true, and so far as stated from the information [illegible] she belives to be true

*[illegible] to and subscribed [illegible]
October third A. D. 1839
Benj. F.M.Kenny Justice
her
[illegible] x Wash
mark*

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**Page 4** (6787_004.jpg)
St. Louis Circuit Court
November Term 1839
Polly Wash
vs
Joseph M . Vaughan
Suit of [illegible] for
freedom - - -
[illegible] \$300.00
[illegible] allowed to
sue on poor person
Clerk will [illegible]
on which under the
circumstances

*[illegible] for [illegible]*

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**Page 5** (6787_005.jpg)
> *Legal Function: Complaint*

Circuit Court November Term
A. D. 1849
County of St. Louis
State of Missouri [illegible]
polly wash of
Color by attorney complains of
Joseph M Mage of a plea of the [illegible] for
false impresent. In that [illegible] to unit on
the thirteenth day of september one thousand eight
hundred and thirty nine at the county aforesaid
the said deft with force and arms an assault made
on the said plaintiff and three and these [illegible] and
illtreated[?] her the said plff and there and there unlawfully
imprisoned the said plaintiff and these
hath kept and detained her in prison from the day last
aforesaid to this day contrary to the form of the statute
in such case made and provided and [illegible] the
peace and dignity of the state. And the plaintiff arms
that before and at the time of committing the said several
grievances she most and still is [illegible] person that
the deft held and still hold her (the said plff) in
slavery wherefore the said plff says that she
is greatly injured damage to the
amount of five hundre dollars [illegible] the [illegible]

*[illegible]*

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**Page 6** (6787_006.jpg)
wash
[illegible]
November term 1839
And the said [illegible] by his attorney
[illegible] the [illegible]
that the [illegible] plaintiff [illegible] ought not to have or [illegible]
her aforesaid a action thereof against him because
he says that before the said term of [illegible] the
said several approved the said Polly
work was still is a scan without their that before detained
she she was still is a free person
suit at the county aforesaid and this he
the said after [illegible] he
prays judgement

*[illegible] [illegible] Jn. Ruland [illegible] [illegible]
[illegible]*
[illegible]
[illegible]
March Term 1834.
And the said plff by her [illegible]
[illegible] that before [illegible] at the time of [illegible]
the said [illegible] supposed [illegible] as [illegible]
[illegible] of said [illegible] the plff
was not [illegible] she still a slave [illegible] at county
aforesaid [illegible] this plff puts herself upon she
[illegible]

*[illegible] for plff*

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**Page 7** (6787_007.jpg)
> *Legal Function: Summons*

County of St. Louis , ss.
The State Of Missouri , To the sheriff of St. Louis County-Greeting:
We command you to Summon Joseph M Magehan
if he be found in your County, that he be
and appear
before the judge of our Circuit court, on the first day of the next term thereof, to be held
at the City of St. Louis , within and for the
County of St. Louis , on the third Monday
of November next, then and there to answer untoPolly [illegible]
wash of a plea if trespass for false imprisonment
to the damage of said plaintiff of five hundred
And have you then there this writ.

*Witness, John Ruland . Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
City of St. Louis , this ninth day of
October in the year of our Lord eighteen
hundred and thirty-nine.
Jn. Ruland Clerk.*
> *Legal Function: Acknowledgement*

I acknowledge myself bound for all costs that may accure in the above cause.
Witness my hand and seal, at St. Louis , this day of 18

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**Page 8** (6787_008.jpg)
> *Legal Function: Certificate of Filing*

Petitioner ordered to be [illegible] by Sheriff Book 10 page 87 [illegible] 12 p 249
[illegible] of [illegible] 13 p 85 [illegible] 14 p 67
> *Legal Function: Certificate of Filing*

no 167 St louis circuit court
november term 1839
Poly wash vs Josephm Magehan
suit for [illegible] $ 500 [illegible]

*Filed [illegible] 9th 1839 [illegible]*
> *Legal Function: Certificate of Execution*

Executed this writ in the County of Saint Louis
by offering to read it and the declarations petition
and the order of the honorable Judge Lawless to Joseph Mclaughan[?] on the
14th October 1839 all of which he refused to have

*Marshall Brotherton
Sheriff
[illegible] [illegible]
[illegible] 1.00*

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**Page 9** (6787_009.jpg)
> *Legal Function: Subpoena*

County of St. Louis , ss.
The State Of Missouri ,
To Robert Wash
Greeting:-
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the eight day of april
1841 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 Polly Wash is
plantiff and Joseph M Magehan is
defendant on the part of [illegible]
and herein you are in no wise to fail.

*Witness, John Ruland , Clerk of our said court, with the
seal thereof hereto affixed, at office, in the City of St .
Louis ,
this seventh day of april in
the year of our Lord, one thousand eight hundred and
forty one
John Ruland Clerk, C. C.*

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**Page 10** (6787_010.jpg)
> *Legal Function: Certificate of Filing*

Polly Wash
vs
J. M. Magehan
[illegible] for 8th apl
for deft.

*Robt Wash*
> *Legal Function: Certificate of Execution*

Executed

*M Brotherton Shff
50 cts*

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**Page 11** (6787_011.jpg)
> *Legal Function: Notice of Deposition Being Read Into Evidence*

Polly Wash
vs
Joseph M . Magehan
In the Circuit Court , for the County
of St.Louis , State of Missouri .
T0Joseph.M.Magehan
You Are Hereby Notified, That Depositions of Witness to be read in
evidence in the above cause, on the part of the Plaintiff, will be taken at
the house of Samuel Wood, near Troy
in the County of Madison and State of Illinois , on the Sixth
day of April. A D. 1840, between the hours 8 o'clock in the
froenoon, and 6 o'clock in the afternoon: and that the taking of said depositions, if not completed on that day, will be continued from day to day at the same place and between
the same hours, till completed.

*March 31st A D 1840
Polly Wash [illegible]
H.L. [illegible]*

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**Page 12** (6787_012.jpg)
> *Legal Function: Certificate of Filing*

noticed to

*J.M.[illegible]
of taking
Depositions*
Served the within notice in the county of St. Louis on the
31st day of March 1840 by delevering to Joseph M Megahan[?]
a true copy of the same

*Marshall Brotherton Sheriff
by [illegible]
fee 50 [illegible]*

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**Page 13** (6787_013.jpg)
> *Legal Function: Notice of Testimony*

County Of St. Louis , Sct.
The State Of Missouri ,
To any Judge or Justice of the peace or other Judicial officer Of the
state of Illinois
Greeting.
We, reposing special trust and confidence in your integrity and circumspection, do authorize
and require you, that you cause to come before you, such person or persons as
shall be named to you by polly wash or Harris L Sprout
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be
by you admministered, ) touching their knowledge of any thing that may relate to a certain
matter of controversy, now pending in our Circuit Court , for the County of St. Louis ,
wherein said polly wash is
plaintiff and one Joseph M Magehan is
defendant on the part of the plaintiff and having
so reduced the said depositions so taken by you as aforesaid in 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, John Ruland , Clerk of our said Circuit
Court at the City of St. Louis , this Thirty first
day of March in the year of our Lord, one
thousand eight hundred andthirty forty.
[illegible] Ruland Clerk C. C.*

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**Page 14** (6787_014.jpg)
> *Legal Function: Testimony*

Deposition of witness sworn and examined at the Louse
of samuel word near troy in the county of Madison
and state of Illinois before me samuel by [illegible] a
justice of the peace within and for the county aforesaid
in a certain cause now [illegible] in the [illegible] Court for the County of St. Louis state of
Missouri between Polly Wash wash plff and
joseph a the [illegible]
of the place [illegible] this 6th day of april A. D. 1840 at 8 o clock in the morning [illegible] between the [illegible]
[illegible] of lawful age being produceed
sworn and examined on the part of the plaintiff
[illegible] saith that the has know the plaintiff
for a longtime the Deponent know plff in Kentucky
in the [illegible] of justice token the [illegible]
in their county the know her to her the same Deponent
[illegible]
hour long she recollects the plff was alomost ever since she plff[?]
was born she plffbelonged to the [illegible] of Kentucky
[illegible] the cage of Kentucky and [illegible]
was about sworn a [illegible] years of age or [illegible]
she was about seven or eight years of age to [illegible]
armed man [illegible] thier about [illegible] the one
of the [illegible] of plff the was living in Wayne county
in the state of Kentucky somewhere near ten
miles from the peace of the birth of plff
deponent had a sister living within a mile and
ahalf [illegible] miles of the birth place of plff
and was frequently there deponent for frequently
saw the mother than plff carry the child (now

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**Page 15** (6787_015.jpg)
plff I about. Deponent known Polly the plaintiff
as property about these [illegible] four years a
Deponent [illegible] as to the number
of years [illegible] about there [illegible]
may have [illegible] a six years or more
for [illegible] one [illegible]
man came on to this country the [illegible] of [illegible] the present County
of [illegible] said [illegible] her that
[illegible] the self has [illegible] from [illegible] a fifteen
years of age. Deponent knew said [illegible]
as well as she knew any neighbour said
that is James Wood & the [illegible] in [illegible] of Deponent
that is [illegible] and [illegible] with [illegible]
men to be [illegible] than together
\- [illegible] say that she saw them together
a thousand times, they new so in time -
Deponent know that it has been twenty three
years, last fall, she the [illegible] husband same
came to the present County of Madison
& [illegible], - the said checklist came
the fall after, about the last of October on
the first of [illegible]. Deponent would say that
[illegible] was the [illegible] last of October or the first of
November for to the last of her knowledge & belief -
Deponent says that said [illegible] & Polly remained
here in the County of Madison state of Illinois
from the last of October or first of member until

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**Page 16** (6787_016.jpg)
the last of March or the last of April
following - - - -
Nothing able to complete the taking
of said Depositionis by [illegible] that the hour
([illegible] to [illegible] 1 is at the moment of [illegible]
& the time is not sufficient to go further
into the negotiation of matter [illegible] with
the suit aforesaid I adjourn the further taking
of the same till to [illegible] then to [illegible]
at the same place & between the same
hours, mentioned in the annexed notice

*Samuel [illegible] I. [illegible].*
april seventh day, year aforesaid eigth october[?]
in the [illegible] to adjournment
sand [illegible] being further unarmed say
[illegible] plaintiff left illinois at the time aforesaid
it was generally reported that Polly was
untitled to his freedom - & the said man
[illegible] to has [illegible] came
& take away the plaintiff, and has [illegible] David [illegible] from of his sans William
brother came away the plaintiff as
they said to, Missouri plaintiff was hered
out to [illegible] Law [illegible]
& to [illegible] - [illegible] was in the
[illegible] of saying that he intended to [illegible]

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**Page 17** (6787_017.jpg)
plaintiff for at the death of him &
his life that she should serve bady sent
him & his cause old man [illegible] that [illegible]
arrived in Illinois they and they ever [illegible]
for Misouri - that they stuppid here because
they thought the [illegible] was too cold for them
to pursue then journey they were bath
getting and - his family here [illegible] of himself
his wife for & plaintiff he said a [illegible] & battle the its about a
month thin he got a house at [illegible] & stood
there -
[illegible] by counsel for [illegible]
you have said me bracket while he was in
Illinois as aforesaid hered plaintiff to work
for your son Law & for [illegible]
[illegible] your to state have you know she
was hired - how long she was hired in what & what images she [illegible] & [illegible] what [illegible]
to whom her images were paid
Answer - old man & told me plaintiff wa
[illegible] Ring at my son in Laws to pay for land
they gate for [illegible] plaintiff
at [illegible] there - [illegible] not [illegible] have [illegible]
plaintiff stand there or what images
she [illegible] at [illegible] as I understand from
[illegible] & [illegible] to pay for a track
the plaintiff - question. find the norms of
self, our [illegible] in [illegible]
[illegible] and convey to any other person or his children
answer [illegible] his property no. when I say he was

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**Page 18** (6787_018.jpg)
failing I mean that failing in
constitution as any other drinking man does
[illegible] & [illegible]
plenty & property - question - how many [illegible]
in his term had our [illegible]
[illegible] here in Madison Co. [illegible]. answer
answer. Deponent does not know, [illegible]
a five - said [illegible] brought with him to the
[illegible] of Deponent knowledge a small [illegible]
him, He had about a dozen for
[illegible] sincerely, said
[illegible] had so [illegible] or any other
cattle twagger[?]. his team, was not in
very good but plenty good enough to enable
him to go along any where question by [illegible]
[illegible] - was [illegible] his wife, or the at any time in Illinois while they were here -
answer - plff was a little [illegible], but not [illegible] so, to present her going along if [illegible]
had wished plff was a [illegible] in this
spring but very little so - question by Depts [illegible]
During the time aforesaid, [illegible] any [illegible] losses [illegible] tray away [illegible] any
of [illegible] answered or [illegible] answer our [illegible]
pours in the spring as any [illegible], but no accident

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**Page 19** (6787_019.jpg)
happened him question twenty two years ago
has the present Madison county, thirty or densely
settled I mean where can stopped
and please state the names of persons who lived
near at the time.
Answer It was pretty well settled [illegible]
me [illegible]
my husband
[illegible]
[illegible] a man by
the name of Leonard lived at Greggs[?] me
[illegible] me [illegible] and [illegible] of
same name James [illegible] those [illegible]
more [illegible] the three miles
[illegible] by how far was at from where me
[illegible] this county by the
loads usually travelled to the [illegible]
Answer about seventeen miles to the [illegible] at St. Louis
It was about 20 miles miles to [illegible] Twenty two years ago [illegible] the roads [illegible] are
bad from here to St. Louis or from here to
[illegible] has your I don't know far I had these
river travelled within but I have same [illegible]
to St. Louis I was there about twenty years ago
the roads were these [illegible]

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**Page 20** (6787_020.jpg)
[illegible] by [illegible] Did your hear of any bridges being
broken at that time an those roads
Answer I do not know that they were nor did I
hear that they were
[illegible] Do can you till me whether the [illegible]
of 1819 twenty two years age was a mile [illegible]
secure one
Answer It was a very [illegible] one that [illegible] that
[illegible] was hire
[illegible] by [illegible] Do you recalled whether the [illegible]
the [illegible] set [illegible] or command sworn after
arrival here or not
Answer Before his arrival there had been frost that
but the [illegible] I think the [illegible] was
laterally mild for a month after his arrival
It there became very cold and continued
through the [illegible]
[illegible] by Do where stapped here was [illegible]
generally understood the neighbourhood [illegible]
far as your know that he was bound
far missouri that he only intended to
stop here temporarily This question is [illegible] to
by plaintiff

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**Page 21** (6787_021.jpg)
Answer I hered have say he was bound for
messouri and this is all that I know about
I dont know what he said to [illegible]
folks dont care far I am tried this
answer abjected[?] to by plaintiff
[illegible] by [illegible] left here
to what place do you understand they
inteaded to [illegible]
Answer I did not here them say and do not know
[illegible] of [illegible] wood postponed by contact of parties for the purpose
taking the [illegible] of [illegible] of lawful age produced
sworn the part of the plaintiff
[illegible] saith That he did not know
Polly the plff untill she with joseph
[illegible] in the present county of madison
the plff here in the face of 1817 or
1818 deposit came here about the year 1810 he said [illegible]
to by [illegible] that he was [illegible]
[illegible] to settle in missouri

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**Page 22** (6787_022.jpg)
that polly the plff was hired not to his
wife for about three [illegible]
nor paid for her services deponent
thinks that he services were paid for
in a [illegible] the winter was a [illegible] one [illegible] staid here in madison county
for what reason he knows [illegible] form
fall untill the last of April on the first of
May [illegible] in a long cabin belonging
to kept third says that
polly the plff was treated as a slage was
talked as touch by [illegible] generally
[illegible] as deponent
but it thinks him that he has lead the
old man say that he intended freeing
the plff when plff first came here she
was a slip of a girl apparantly between 14 or
16 years of age The place hese the county
was at the time of plaff [illegible] was quite
thickly settled of dept does not pretend [illegible] merely think they [illegible] paid for in a
[illegible] [illegible] paid for her services

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**Page 23** (6787_023.jpg)
in [illegible] matters [illegible] plantiff has had
not to Deponents wife cannot say [illegible]
exactly in what way he paid for the [illegible]
of [illegible] the plff so much time has elasped[?]
but know that he did pay to satisfy
for the same Deponent know that his thought
[illegible] was born about the time that [illegible] plaintiff came to live with him [illegible] his [illegible] The plff [illegible]
had been living with same wood before
that
[illegible] by dependent not know whether old man [illegible] his [illegible] at me [illegible] or not
he did at my place [illegible] at
the brought me has [illegible] hold [illegible]
[illegible] such things as mourns gernally
take what things he had me [illegible] I cant
say Joseph [illegible] were both advanced
in years he had but one hand one of his arms
was off above the [illegible] his family consisted of
[illegible] the [illegible] girl spoken of
[illegible] I have lived in Illinois there has been more
or less the other in the month of november
The roads be between here and the [illegible] are
generally had in the mississppi[?]
the months of march and april

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**Page 24** (6787_024.jpg)
[illegible] was in spring of 1818 I can not say
[illegible] by Deft
You have spoken of the hiring of plaintiff
to your wife pay for his hire as I think
your [illegible] as arthur down does not
convey the idea intended by your I wish your
again to state all your know about this
hiring and the payment of her wagesmy wife says so
Answer of the [illegible] to by plaintiff I know
she worked at my house my wife says
the paid for his [illegible] in a [illegible] for the
plaintiff and I have heard the plaintiff
say [illegible] I may have paid him in [illegible]
or other things I do not recalled but I know
[illegible] was paid for her [illegible] he [illegible]
paid me no rent for the house I do
not recalled that I [illegible] charged [illegible]
for any thing or kept any amount with
him or that he even paid me any thing
the handled [illegible] together and generally and
his team after said [illegible] left this
settlemant say two three four or five
years he called an me at my house
this county-

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**Page 25** (6787_025.jpg)
Joseph [illegible] I am informed and belive is
dead my understanding is that he did in
missouri thought I do not nut know this
to be a [illegible] before plaintiff life illinois
I hered a report that she was intelled to
her freedom The [illegible] that [illegible] that was
here was a secure one and the spring was
a backward spring & the [illegible]
[illegible] by [illegible]
you state that [illegible] had [illegible]
furniture [illegible] in his [illegible]
was this statements put down by atty
without authority or if not how do you know
the such wasn't the contents
Answer Dept merely says that he brought with Luis
a waggon the waggon when[?]
deponent frquently[?] used the waggon
to [illegible] had some furniture
in his [illegible] that [illegible] sented of dept [illegible]
he bought [illegible] and [illegible]
[illegible] the only two [illegible]
in the neighbourdhood of the [illegible]
[illegible] now [illegible] know prety and
fruther deponent siath not[?]

*[illegible] hisx mark [illegible]
[illegible] to [illegible] before
one on this 7th day of April 1840
between the hours aforesaid*

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**Page 26** (6787_026.jpg)
[illegible]
Samuel [illegible]
[illegible]
The examination [illegible] word can [illegible] by
consuit[?] of parties [illegible] could have travelled
on of he had chosen he bought some [illegible]
with him that [illegible] not [illegible] which he save
us Mr.Comkett was well[?] could have to
polly away if he had chosen those was
nothing to [illegible] him from so doing or [illegible]
travilling [illegible] brought the potatoes or the age of [illegible]
all the way from Kentucky or the edge of that time
they considered quite an [illegible]
they [illegible] of an upon that quantity the were not
frogen he gave same to my husband the rest
he [illegible] by the side of the [illegible] so that
he could take them [illegible] when he crushed
to go away the had no are accommodations
for him [illegible] he did not calculate to
stay there long while [illegible] that was here
there was [illegible] for a man the and
[illegible] almost
daily to [illegible] which was the
common route

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**Page 27** (6787_027.jpg)
I know the plaintiff [illegible] I have not
[illegible] the plaintiff since she was here [illegible] that untill samething like a forthnight[?]
age whom she come to my house I know
these I had sum her before her face was
familiar to me after talking about old times
& facts & persons I became fully convinced that
she was the same person that was here
with [illegible] same twenty two years ago
she said she had came to hunt us and after talking
some time she about the Batteys[?] & Brackets
& other neighbour & things asked Pal
where she had been al this time & why
she had come here - She said she had
come here to sue of they could say have some
she had said here & said she had an idea
of under [illegible] to get her freedom I these stated to her I recollected such facts as I have
stated. & I told her I was the thing to testify to
such facts as I known here at at St. Louis
I do not know of any persons who have
made up a [illegible] to and plaintiff in her
just for freedom. Deponent never heard [illegible]
a things in his life-

*her
[illegible] x
mark
Sworn to subscribed before me
before me this 7th day of April 1840 between the hours aforesaid
Samuel Laybold
([illegible] )*

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**Page 28** (6787_028.jpg)
Samuel Word of lawful age being produced
sworn examined on the part of plaintiff deposeth
& saith I first know Joseph [illegible] one armed man thirty nine years age last
fall he then [illegible] & in by man the time of
[illegible] the afterwards moved unto [illegible] the border of Kentucky where he had a
[illegible] & [illegible] & [illegible] she had the
character of an honest & [illegible] truth
was a little addicted to drink when
I last knew him in he had a
[illegible] girl I never knew him to
have lent our own I moved here me the fall
of 1816 - The night fall [illegible] Joseph [illegible]
arrived at the place where I was there
[illegible] in this County she came with a waggon[?]
& horses he brought with him house hold
furniture bedding Sam Iresh [illegible] of a
[illegible] & he brought with home the
negro girl mow called Pally & [illegible] present
I am confident she is the same she
was there as man as I can judy about
[illegible] years old - She assumed here I think

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**Page 29** (6787_029.jpg)
the last of autumn or the first of
November A D 1817 - she said he had sold
his plan in [illegible] the appeared to he in
search of a name myself and [illegible] had
been old argument - he stapped - me
for a time, the particular reasons why he did
so I do not recollect - I have no doubt
I invited him to stap and rest a while hile she could
not be well accommodated with me and therefore stop with me was only untill he could
find same more suitable place - The fall
of his arrival but in early but after this
time there were pleasant spills of weather
the winter was him he arrived here
he had came about three hundred and eighty miles from
his former residence same time after his
aarival[?]he appeared to be dissatisfied that he
had sold his property [illegible]
he had sold his property if he had not sold
It was my understanding that [illegible]
intended to settle me [illegible] but how
I got this improper I do not know
The old mans residence here was temporary
he purchased no name here nor [illegible] -
remember hearing him manifest any such
intruction the brought with the him a five
battle which [illegible] at [illegible]

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**Page 30** (6787_030.jpg)
I frequently hered old man [illegible] say that
it was his intention to see the plaintiff for
at the death of himself and [illegible]
me [illegible] when here was between fifty and sixty years old I recollect some of the plaintiff while
here with at [illegible] moons
[illegible] kept his cattle - It was then in
there and funding the battle were [illegible] up, the [illegible]
man [illegible] or [illegible] not for want of food
far they had [illegible] - I heard bracket say that
he did not intended to remove his stack
untill they [illegible] had grown that they
could be recruited when travelling
me mr.bracket is dead us I am informed and believed
and has been dead for several years report says
he lived up the missouri about franklin when he did
the plaintiff stayed here in in Illinois to near the
last of april 1818 - when she was taken away
as I understand to Missouri The old man [illegible] here I think untill after the middle
of may I recollect the [illegible] had [illegible] grown
us to he sufficant to recounil battle and the
spring was quite late and backward [illegible]
states further that after [illegible]
here in now Madison County he remained
[illegible] number of persons with waggons were [illegible] to missouri These was nothing to [illegible]

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**Page 31** (6787_031.jpg)
[illegible] [illegible] from
[illegible] where he chase to my [illegible]
[illegible] remained at my [illegible]
I [illegible] his waggon was not [illegible] he took and such things as he wanted
by my house I [illegible] this.
[illegible] at the requst of [illegible]) I
had where [illegible] assined removed from my
house & established a [illegible] where I [illegible] to
remove my house [illegible] the [illegible] came
an said had not term to remove my house
& I lived in the camp untill spring
Mr.bracket while here was treated as any other
neighbour that is [illegible] with
[illegible] here & [illegible] & [illegible]
where [illegible] was here I talked upon him
as unsettled I heard mr.bracket say ans same
accounts he liked Illinois will an same accounts
he had objections on amount of told names &
[illegible] & sudden changes I much heardhim of
his trying to buy an home here I have now no
distance recollection of hearing have say where
he intended to settle [illegible] [illegible] while plaintiff was
here she was claimed by me [illegible] as his
slave & treated as such of that in a reasonable
& indulgent way

*Samuel Wood Senior
Sworn to subscribed before me
this 7th day of April [illegible]. 1840
between the [illegible] aforesaid
Samuel [illegible] ([illegible])*

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**Page 32** (6787_032.jpg)
Mary [illegible] of lawful age being produced
sworn & [illegible] as a [illegible] for the plaintiff
[illegible] and says - some I can remember any
thing I have known me bracket be [illegible] then
out the age [illegible] the first that
I recalled of the plaintff who as now
present she belonged to old mr.bracket who
was then living at [illegible] I came here
with my father & mother mr. & mrs. Samuel
[illegible] & my husband in the fall of 1816
I have heard the [illegible] of my father
& mother as above unthen read my recollections of the fails
stated by them in the general. corresponds
with thus - Mr bracket & family with the
plaintiff around here as I think the last
of october as the false of nowhere
I dont know when plaintiff left here but
I know she was here at a meeting which
I beleive took plan the last of
April - my husband [illegible] moon [illegible]
hered the plaintiff of mr.bracket for
a Dollar a [illegible] & paid him in provision
for his stack & himself such as earn fodder I heard them matter the [illegible]
she was hered first for two weeks this
was while bracket at my father after
mr.bracket moved to me she was
again hered to my husband on the some
times but how long she worked I can not
recollect -[illegible] soon after

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**Page 33** (6787_033.jpg)
mr.bracket arrived here he made a bargain
with my husband to [illegible] his cattle I think
[illegible] in number at this Dollars for
heard - he gat my husband also to [illegible]
same of his houses - Mr. bracket
to be my any one to persuade his father
to [illegible] to [illegible] immediately for
he had no way of gang to misouri of [illegible] park houses for some reasons unknown
to [illegible] the and man declined giving
of the until spring & then
off on park houses with his wife
old man bracket brought with him to illinois four or five hours - this waggon was loaded
when he arrived in illinois household
furniture & [illegible] as if it contained
such [illegible] as mourns generally take with
them at was reloaded as
I believe I saw the waggan afterwards & empty and used in [illegible] - I [illegible]
bracket the old man living me Pasys -
house my husband [illegible] from a [illegible]
on me [illegible] July 1818 - & then
me bracket moved in there my husband
left at this place barn & [illegible]
to [illegible] me [illegible] - before
me [illegible] which I [illegible]
wa in may 1818 he & my husband had a
settlement in my [illegible] and he paid
my husband [illegible] has started into
eight Dollars & for this sum he gave
his note which has some him paid [illegible]

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**Page 34** (6787_034.jpg)
I understand - old me bracket then regretted
lutterly that he life [illegible] - he was
then as he said about to to missouri
when I first saw him in illinois I dont
know where he intended to settle - the old man
a [illegible] to at a great lap what to do
but said if he had not sold his place
he would return to [illegible] I heard my
husband old mr.bracket & his son talking
about the [illegible] of [illegible] plaintiff
in illinois the [illegible] said she would be five
according to the Laws of Illinois if this
father kept the plaintiff there until spring
my husband advised old me mr.bracket to [illegible]
the plaintiff found to him by [illegible]
the old man said he would not have
her in dentured[?] & he would keep her there
until spring of the did get fun he said
he wanted plaintiff with him for she
was kinder to him than his own children
and he intended where him & his [illegible]
dead that she should be from
they spoke to the old man of another plan
to prevent her from becoming for it was
to send her to Missouri for a [illegible] time
& then [illegible] her [illegible] that she
should not be in illinois for more than
60[?] days at a time - the old man refused
to adapt this plan I know of
one reason or cause which prevented

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**Page 35** (6787_035.jpg)
or could prevent old man mr.bracket from
going on to Missouri or elsewhere where [illegible]
he first arrived in illinois I know that
many praple were daily traveling to
me missouri which the old man remained
here -
not being able to complete the taking of said
depositions by reason of the [illegible] of the house
the further taking of the same till to
[illegible] then to be continued at the same place
[illegible] to same hours mentioned [illegible]
[illegible]

*Samuel [illegible]*
[illegible] to adjournment as above stated on
this eighth day of [illegible] in the your one thousand [illegible]
hundred and forty between the hours of of eight [illegible] in
the [illegible] said six the afternoon or
the house of some the [illegible]
of said [illegible] as follows
on this [illegible] of christ, between the Loui aforesaid
[illegible] to the above port many Moone
[illegible] of her testimony my says further that
[illegible] appeared healthy, his wife also was also in good health &
with or either of their night have [illegible] or gone whether
they thought proper I rely the plff has [illegible] in the
cost of April, [illegible] form the [illegible] of
a meeting about the time. The plff [illegible]
away by a ton of [illegible] & [illegible]

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**Page 36** (6787_036.jpg)
left himself further Deponent saith now
[illegible]
[illegible]

*Mary Moort
this 8th day of April 1840 [illegible]
[illegible]
Samuel [illegible] I [illegible]*
The past is to the above [illegible] that [illegible]
and he made to the manner of certifying depositions by [illegible] and [illegible] in [illegible]
[illegible] us to the justice

*G A Bind [illegible] for
H. [illegible]. speak. [illegible] [illegible]
plffs*
> *Legal Function: Certification*

I. samuel a justice of the peace within for the
County of madison in the state of illinois to certify that
in [illegible] of the [illegible]
[illegible] of [illegible] word in the county state
[illegible] word. [illegible], [illegible]
word [illegible] Mary [illegible]
[illegible] and [illegible] examination reduced to
& [illegible] by then [illegible] in the [illegible] the [illegible] the [illegible] aforesaid [illegible] in [illegible]
this said depositions war [illegible]

*[illegible] at the house of samuel word in the county of
[illegible] of illinois this eigth[?] any [illegible]
A. D. 1840
Samuel [illegible]*
> *Legal Function: Certification, part 2*

This hereby certified that [illegible] on the
sixth [illegible] & eigth day of April in the year of [illegible]
[illegible] thousand [illegible] hundred fourty [illegible]

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**Page 37** (6787_037.jpg)
is a Justice of the peace within the county of
Madison in the state of Illinois duly [illegible]
and acting as such and that face faith
and credit are due to his acts as such

*In testimony whereof
brown Clerk of Madison County have subscribed my name offered the seal of office this
10th day of April in the year of
the [illegible] one thousand eight hundred
and forty
[illegible] Brown
Clerk*

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**Page 38** (6787_038.jpg)
> *Legal Function: Certificate of Filing*

[illegible] April 13 1840.

*Jn. Ruland Clerk*
Polly Wash
vs
Jos: M. Magrhan[?]
[illegible] for plff

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**Page 39** (6787_039.jpg)
> *Legal Function: Affidavit*

Polly Wash
vs
Joseph M magrhan[?]
Suit for freedom
in the Circuit
Court of St. Louis
County Missouri
I Polly Wash the defendant
in the above suit having recoverd
my freedom there by he come untitle
to recieve[?] the money of said
suit hereby acknowledge to have
received the same in full from
the shiff hereby releasing the shriff
and also releasing Mr. Hayden
who hered me at the hiring
made under the order of court
from all [illegible] to me or to any
person for me

*St. Louis Sept 22nd 1843
Polly hisx Wash mark
[illegible]
[illegible]*

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**Page 40** (6787_040.jpg)
Wash
vs
[illegible]
magrhan[?]

Item sets: All Circuit Court Records; Freedom Suits Case Files, 1814-1860; Circuit Court Cases

Polly Wash, a Woman of Color V. Joseph M. Magehen. 1839, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60866