Rebecca, a negro woman v. James Black, Thomas Horine, and George Mellody
Item
Rebecca, a Negro Woman V. James Black, Thomas Horine, and George Mellody. 1842, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60913
- Case Title
- Rebecca, a negro woman v. James Black, Thomas Horine, and George Mellody
- Series
- Freedom Suits
- Plaintiff
- Rebecca
- Defendant
- Black, James
- Horine, Thomas
- Mellody, George H.C.
- Date Filed
- 1842-01-06
- Filing Date
- 1842-01-06
- Plaintiff’s Attorney
- Murdoch, Francis Butter
- Risk, Thomas F.
- Defendant’s Attorney
- Allen, Beverly
- Court Name
- St. Louis Circuit Court
- Court Term
- 1843-04
- Judge
- Mullanphy, Bryan
- Clerk
- Ruland, John
- Sheriff
- Milburn, William
- Sworn Declarant
- Waterman, David B.
- Waterman,Mrs.
- Cause of Action
- Trespass
- False Imprisonment
- Assault
- Battery
- Case Notes
- Born in Missouri slave to George James, given to daughter Emily Black who took her to Illinois. Upon Emily's death James Black hired her out to William Douglass in Illinois then returned her to St. Genevieve, Missouri; Horine was Black's brother-in-law.
- Disposition
- Jury Verdict for Plaintiff
- Identifier
- ccr1843.06855.056
- Source
- Missouri State Archives - St. Louis
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Rebecca, a negro woman v. James Black, Thomas Horine, and George Mellody**
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**Page 1** (6855_001.jpg)
> *Legal Function: Petition to Sue as Poor Person to Establish Right to Freedom*
To the Hon. the Judge of the St Louis Circuit
Court .
The petition of Rebecca , a negro woman
aged about twenty two respectfully showeth[?] to your
honor that she was born a slave in the state of
Missouri and hired in the family of her master one
Judge William James , until the marriage of Emily
the daughter of said James to one James Black, who
with his wife said Emily went to Vandalia in the
State of Illinois to reside and then took your
petitioner with them, and there kept and held your
petitioner as a slave to labor for several years
that after the death of said Emily wife of said
Black, your petitioner was hired out to one
William Douglass and lived with him at Kaskas[?]-
kia[?] also in the said state of Illinois , with whom
she resided for some time and performed labor and
service as a slave under the said hiring [illegible] that after
wards she returned to the residence of the said Judge
William James at St Genevieve in the State of
Missouri , with whose family she remained about
a year, and was then taken from St Genevieve in the
said state of Missouri by Mrs Masia Field also
a daugther of said Judge William James , to the
town of Quincy in the State of Illinois and then held
to labor and service from the fall of eighteen hundred
and thirty six until the spring of eighteen hundred
and thirty seven, when she was bought by one George
Wolf to the city of St Louis within the jurisdiction
of said court, and there hired out as the slave of said
Black to one Lewis Matlock. Petitioner for this states
that to the July term eighteen hundred and thirty eight
of said court, by [illegible] of the Hon. judge thereof she institu-
---
**Page 2** (6855_002.jpg)
a suit in own to establish his right to freedom against
said James Black and said Mallock, and [illegible] one
Harris L . [illegible] to attend to the same as her attorney
and to whom she paid at sundry times sums of money
amounting in all to about fifty Dollars or more, as a
for in said cause for his services : that within a four
days she has ascertained that the said [illegible] utterly
neglected her [illegible] in said [illegible], and that at the
Last July term of said court, on the calling of said
cause for trial, it was dismissed and a nonsuit
entered, because the said [illegible] was not in attendance
as this affiant belives of upon said court to pros-
ecute[?] the same for this petitioner - and that said non-
suit was owing wholly to the gross neglect of said attorney
and not in any manner to this petitioner [illegible] she further
states that had she known that the said cause was for
trial at the last July term of said court, she could and
would have been ready for trial as there then was and
now is evidence to be had in the city of St Louis of the
as of petitions in the State of Illinois as alledged in her petition she further states
that she was arrested to day by one Thomas M.
Horime, a brother in law of said James Black, as the
slave of said Black, who still continues to reside in
Vandalia aforesaid, and committed by him to the jail of
the county of St Louis , with the design and purpose of summoning petitioner, so as to [illegible] have the petitioner
in [illegible] to whom his out of the[illegible] jurisdiction
of said court - made this state of facts petitioner
believes that she is entitled to her freedom, and she
prays your honor to allow her to sue as a poor person
in order to establish her right to freedom, against said
Black, the said Horine and the jailor of said county one
George H . C. Mallody who now holds her in
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**Page 3** (6855_003.jpg)
his possession - and she further prays that your
honor will issue your warrant [illegible] the
sheriff of said County to bring your petitioner before
your honor, and to summon the said parties defendants
&c as is provided for this act [illegible] of the judicial assembly
of the state of Missouri to make persons held
in Slavery to sue for their freedom and in going there to enter into recognizance as is [illegible] therein and she will
pray &c
*Rebecca by her
atty F. B. [illegible]*
> *Legal Function: Affidavit*
State of Missouri
St. Louis County [illegible]
Rebecca a woman of color
being sworn says that the matters and things
set forth in the forgoing petitions are true.
*Sworn to and Subscribed
the 5th January 1843
Before
[illegible] [illegible]
Justice of the Peace Rebecca her Mark*
> *Legal Function: Order Granting Petition to Sue*
State of Missouri
County of St Louis
I allow the forgoing petition and order. First That said
Rebecca a woman of color be allowed to sue as a poor person
to establish her right to freedom and assign F. B. [illegible] [illegible]
as her counsel. Second That said Rebecca have
reasonable liberty to attend her counsel and the Court, as
occasion may require; that she be not removed out of the
jurisdiction of the Court, and that she be not subject to any
severity on account of her application for freedom.
*Bryan [illegible] Judge
of the 8th [illegible] [illegible] of
Missouri*
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**Page 4** (6855_004.jpg)
> *Legal Function: Cover Page*
Petition for Freedom
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**Page 5** (6855_005.jpg)
> *Legal Function: Petition to Sue for Freedom*
State of Missouri
St Louis County Ss In St St. Louis Circuit Court
Rebecca, a negro woman, complains of
James Black, Thomas M. Horina and George H . C. Millody
of a plea of Trespass, for that the said defendants on the fifth day of January eighteen hundred and forty three
with force and arms, assaulted the said plaintiff to wit
at St Louis , in the County aforesaid, and then and there
beat, bruised and ill treated her, the said plaintiff and
then and there imprisoned her, the said plaintiff and
kept and detained her in prison there, without any
reasonable or probable cause whatsoever, for a long
time, to wit for the space of six hours then next
following, contrary to the laws of said state and against
the will of the said plaintiff - and the said plaintiff
avers, that before and at the time of the committing of
the grievances aforesaid, she was and still is, a free
person, and that the defendants held and still hold her
in slavery [illegible] To plaintiff damage one hundred Dollars
& therefore she brings suit &c
*F. B. Murdock
Atty for Pltff*
---
**Page 6** (6855_006.jpg)
> *Legal Function: Cover Page*
Rebecca , a negro woman
vs
James Black, Thomas
M. Horine & George H . C
Mellody
Suit for freedom
Clerk will issue
Summons.
*F B. Murdock
for pltff*
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**Page 7** (6855_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 James Black, Thomas M .
Horine & George H . C. melody, if they be found in your
County, that 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 Mon-
day of March next, then and there to answer unto Rebecca
a negro woman of a place of trespass for false imprisonment
to the damage of said plaintiff of one hundred dollars
dollars: 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 sixth day of January in the year of our Lord eighteen
hundred and forty three Jn. Ruland Clerk.*
> *Legal Function: Acknowledgement*
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of
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**Page 8** (6855_008.jpg)
> *Legal Function: Certificate of Execution*
Contd. 14 p 444. venue changed to Com. Pleas Bk 15 p 8
May 27.1844. Last order rescinded & cause Contd. Bk 15 p 169.
Nonsuit Octr 20/1844 Bk 15 p 262. Nonsuit set aside & cause continued BK 15p 268.
Jury Verdict for Plff Decr 16th 1844 his reasons for new trial filed 15p 389.
[illegible] [illegible] 15p 408. Bill of exception filed 16p 11 cont 16p 196.
Jury verdict for Defts Decr 6, 1845, 16 p 432, [illegible] set aside verdict
for new trial 16 p 441. [illegible] 17 p 9.
> *Legal Function: Certificate of Filing*
No 24 St St. Louis Circuit Court
March Term 1843
Rebecca (a negro woman
vs
James Black, Thomas M. Horine & Geo H.C.
Melody
Suit for freedom
Trespass
Dam \$100.00
*F.B Murdock p.q. Filed Jany 6th 1842 (2.5) V Jn. Ruland Clk*
> *Legal Function: Order*
It is ordered by the Judge of the St Louis Circuit
Court , First that said Rebecca a woman of
Color be allowed to sue as a poor person to
establish her right of freedom and assign F.B.
Murdock Esq. as her Counsel; Second that said
Rebecca have reasonable Liberty to attend her
Counsel & the Court as occasion may require
that she be not [illegible] out of the jursidiction
of the Court and that she be not subject to
[illegible] [illegible] of her application for freedom [illegible]
> *Legal Function: Certificate of Execution*
Executed this writ in the county of
Saint Louis by offering to read it and
the declaration and order of the Judge to George
H . C. Melody on the 6th and to Thomas M. Horine
on the 7th days of Janunary 1843 which they
each refused to hear. James Black the other
defendant not found in my county
*Her & 2.50 William Milburn
Sheriff*
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**Page 9** (6855_009.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
County of St. Louis , Ss.
The State Of Missouri , To Mr. Waterman & Mrs. Waterman 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 25th day of March
AD 1844 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 Rebecca a negro Woman is
plaintiff and Black Melody & on other is
defendant on the part of the plaintiff
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 20th day of March
in the year of our Lord one thousand eight hundred and forty four Clerk C. C.*
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**Page 10** (6855_010.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman Returned Unexecuted*
The within witnesses
not found
*2 Now its 25/100 Wm Melburn[?] Shff
By [illegible] Murphy Dpty*
Circuit Court
Rebecca a Negro
Woman
vs
Black Melody & others
Subpeona
Mr Waterman
Mrs Waterman live on 8th St a four doors
West [illegible]
*Hugh Rows*
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**Page 11** (6855_011.jpg)
> *Legal Function: Defendant's Reply*
Apl term 1843.
Rebecca
[illegible]
Horine Mellody.
and the said defts Horine & Mello-[?]
dy come & defend the force [illegible] [illegible] [illegible]. [illegible]
that they are not guilty - of the said supposed trespass
above laid to their charge or any past thereof in man-
ner[?] & form as the said pltff hath [illegible] thing complained against the deft [illegible] they [illegible] the [illegible]
upon this county &c.
*[illegible] [illegible].*
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**Page 12** (6855_012.jpg)
> *Legal Function: Cover Page*
No. 24
Rebecca
Horine & Mellody
plea for issue
[illegible] [illegible]
[illegible]
*Filed April 20th 1843 Jn . [illegible] Ruland Clk.*
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**Page 13** (6855_013.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
County of St Louis , Ss.
The State Of Missouri , To Mr Waterman a bricklayer by trade
Mrs Waterman his wife
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 3rd day of June 1844
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 Rebecca a Negro Woman is
plaintiff and Horine Black & Melody are
defendant on the part of the plaintiff. 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 31st day of May
in the year our Lord one thousand eight hundred and
forty seven John Ruland Clerk C. C.*
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**Page 14** (6855_014.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman Returned Unexecuted*
St Louis Circuit
Court
Rebecca a Negro woman
vs
Horine Black Melody
[illegible] for pltff
*Mr. Waterman a bricklayer Mrs Waterman his wife*
> *Legal Function: Unserved Subpoena*
The written written
not found in my County
*fees 38 cents Wm Milburn Shff
By E. W. [illegible] Dpty*
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**Page 15** (6855_015.jpg)
> *Legal Function: Motion for Judgement of Non-Suit*
State of Missouri
County of St Louis In the St Louis
Circuit Court
Rebecca a negro woman
vs
Horine Black & Melody
Rebecca the plff in the
above untitled suit comes by her [illegible] &
moves the court that judgment
of [illegible] suit in the above case
be set aside for the following reasons
[illegible] 1st Because Pltff had no [illegible] -
2d. Because said Rebecca was
lying in said [illegible] to [illegible] of the time
of said nonsuit &[?] was there precluded
from employing an Atty in her said
cause
3d. Because the said plff [illegible] [illegible]
to employ counsell
4d Because it was the duty of
the Judge of said Courg[?] to assign
counsill[?] by order to said pltff
in the event of her being too poor
to employ it for her self
5th Because said pltff has
grounds for a [illegible] [illegible] [illegible]
*F Risk
Atty for
Pltff*
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**Page 16** (6855_016.jpg)
> *Legal Function: Cover Page*
St Louis Circuit
Court
Rebecca
vs
Horine Black & Melody
[illegible] to [illegible]
Judgement of [illegible]
*J F Risk
Atty for plff Filed October 5th 1844 John Ruland Clerk*
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**Page 17** (6855_017.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
County of St Louis , Ss.
The State Of Missouri , To Mr Waterman & Mrs Waterman
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 on the 5th day of December
1844 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 Rebecca a Negro Woman is
plaintiff and Horine Black & Melody are [illegible]
defendants, on the part of The Pltff
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 26th day of Nov
in the year of our Lord one thousand eight hundred and
forty four John Ruland Clerk C. C.*
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**Page 18** (6855_018.jpg)
> *Legal Function: Certificate of Execution of Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
Rebecca
vs
Horine et al
Subpena
as witnesses for
Pltff
*Mr Waterman
Mrs Waterman Executed Wm Milburn Shff fee $ 1.00*
---
**Page 19** (6855_019.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
County Of St. Louis , Ss.
The State Of Missouri , To Mr Waterman Mrs Watermann also the
Brother of Mr Waterman Greeting:—
You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before our St. Louis Court of Commom Pleas[?] the Judge of our Circuit Court at the City of St. Louis , on the 16
day of December 1844 then and there to testify and the truth to say
in a certain cause pending in said court, wherein Rebecca a negro woman
is plaintiff and Horine Black & Melody are defendants
on the part of the plaintiff
and herein you are in no wise to fail.
*Witness, Nathaniel Paschall[?] John Ruland , Clerk of our said Court, with the seal thereof
hereto affixed, at office, in the city of St. Louis , this 19th
day of February in the year of
our Lord eighteen hundred and forty-four John Ruland Clerk.*
---
**Page 20** (6855_020.jpg)
> *Legal Function: Certificate of Execution of Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
St. Louis circuit court
Rebecca
vs
Horine et. al
Witness for Pltff D. 13
*Mr Waterman
Mrs Waterman
Mr Waterman
Brother of the above Executed Wm Milburn Shff fee \$1.12*
---
**Page 21** (6855_021.jpg)
> *Legal Function: Defendant's Motion for a New Trial*
Rebacca
vs
Horine Mellody
Nov term 1844.
The defts move the court to grant a
new trial in the above cause for the following
reason
1. The verdict was against law [illegible]
2.The verdict was against law
3. The verdict was against evidence
4. The verdict was against the instructions
of the court
4. The court was instructed the [illegible]
5. The court refused to give legal instructions
to the jury asked by the defts.
*B.[illegible]
Atty for defts*
---
**Page 22** (6855_022.jpg)
> *Legal Function: Cover Page*
Rebecca
vs
Horine & Mellody
[illegible]; Reasons for new
trial.
*B.[illegible] [illegible] Filed >December 16th 1844 John Ruland Clerk*
---
**Page 23** (6855_023.jpg)
> *Legal Function: Plaintiff's Bill of Exceptions*
Rebecca (a woman of Colour)
vs James Black Thomas M .
Horine & Geo. H. C. Melody In the St Louis Circuit
Court Term
November AD 1844
suit for freedom
Be it remembered that on the trial of
this Cause the following evidence was
given to the Court and jury on the part of the plaintiff (First was read a deed
of First given by William James to Thomas
M . Horine to the use of Emily Black
and her Children) (here insert it)
next was read the deposition of
William James (here insert it) next
was read the deposition of Maria Field
(here insert it) after which Daniel B.
Watterman being sworn stated on
oath as follows on the part of the
plaintiff that he knew Mrs Emily
Black in the state of Illinois that
she resided in the town of Vandalia
in said state that he resided with her
for some time. That he knew her
to be the daughter of Wiliam[?] James
of St Geniveieve[?] Missouri , that he knew
her to be a domiciled resident citizen
of the said state of Illinois and the same woman named in [illegible] — That
in the year Eigteteen hundred and thirty
one or thirty-two [illegible] [illegible]
she brought with her
the girl Rebacea the plaintiff in this suit
with her to the said town of Vandalia
state of Illinois and while said witness witness lived with her and there held her in
service for the term of six months while one was a citizen of said state of Illinois
the first time that she brought her
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**Page 24** (6855_024.jpg)
during which time said girl Rebec-ca was engaged in raising the
Child of said Mrs. Black mostly, also
the child of Mrs Horine the wife
of Said Thomas M Horine and that
the said girl Rebecca afterwards
went to St Genivieve[?] Missouri with Mrs Ho-rine[?]or Mrs Black witness does
not recollect which and that after-
wards said Rebecca [illegible] was again
brought back by said Mrs Black from St Genivieve[?]
Missouri and remained with said Mrs
Black again for the space of three
or four months in said town of Van
dalia[?] Illinois that the said girl Rebec
ca now at the bar of the Court the
Plaintiff in this suit is the same
girl Rebeca that he saw in Van
dalia[?] Illinois [illegible] at Mrs Black's—
and above spoken off by him this was
all the evidence given to the Court
and jury in the above cause
whereupon the court gave the
following instructions as asked by
the plaintiff's attorney (here insert it)
whereupon the court gave the following
instructions asked by the
defendants' Counsel (here insert
them) (and also here insert [illegible] them
following instuction asked for by the
defendants' Counsel and refused
by the court) after which the
Court gave the following instructions
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**Page 25** (6855_025.jpg)
to the jury (here insert them)
after which the jury retired and
found for the plantiff the following
verdict (here insert it) upon which
the following judgment of the Court
was rendered (here insert it) after
which which the defendants by their
counsel moved the court for the follow
ing causes and reasons [illegible] to set aside the
judgment of the Court and verdict of
the jury and grant them a new trial
in this cause (here insert said mo-tion[?]and causes and reasons filed)
after which the court set aside said
judgment of the court and verdict
of the jury and granted the said
defendants a new trial (here insert
said judgment of the court grant-
ing a new trial) to which opinion
of the court setting aside said judgment of the court and verdict of the
jury and granting the defendants a
new trial the plantiff by her Counsel
excepted at the time and now
prays that this her bill of excepting
be signed sealed and enroled
*John [illegible] Seal*
---
**Page 26** (6855_026.jpg)
> *Legal Function: Cover Page*
Rebecca a negro woman
vs
Black Horine & Melody
plaintiffs bill of
no [illegible]
file
*Filed July 27th 1848 watter Jn Ruland Clerk*
---
**Page 27** (6855_027.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witness David B. Waterman*
County Of St. Louis , Ss.
The State Of Missouri , To Mr Waterman (bricklayer)
David B Watterman
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 7th day of May 1845
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 Rebecca a Negro Woman is
plaintiff and Horine Black & Melody are
defendants on the part of the plaintiff
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 2nd day of May
in the year of our Lord one thousand eight hundred and
forty-five John Ruland Clerk, C. C.*
---
**Page 28** (6855_028.jpg)
> *Legal Function: Certificate of Execution of Subpoena Duces Tecum of Plaintiff's Witness David B. Waterman*
St Louis Circuit
Court
Rebecca-
vs
Horine Black & Melody
*Witness for pltff - Mr Waterman - Bricklayer the
[illegible] before*
> *Legal Function: Certificate of Execution*
Executed Wm Milburn Shrff
*fee 50 ct*
---
**Page 29** (6855_029.jpg)
> *Legal Function: Summons for Plaintiff's Witness David B. Waterman*
County Of St. Louis , Sct.
State Of Missouri , To the Sheriff of St. Louis County—Greeting:
We command you to attach David P Waterman [illegible]
by taking his body and his safely keep, so that you have his body before
the Judge of our Circuit Court , now in session at the City of St. Louis , within and for the
County of St. Louis , on the 7th day of May 3 Oclock P.M 1845 then
and there to testify, and the truth to say in a certain matter of controversy, now pending in
our said Circuit Court , between Rebecca a Negro woman is
plaintiff, and Horine Black & Melody are defendants wherein
the said David P Black has heretofore been summoned
on the part of the said Plaintiff
*Witness, John Ruland , Clerk of our said Circuit
Court , at the City of St. Louis , this 7th day of
May in the year of our Lord one thousand
eight hundred and forty-five John Ruland Clerk, C. C.*
---
**Page 30** (6855_030.jpg)
> *Legal Function: Certificate of Execution of Summons for Plaintiff's Witness David B. Waterman*
St Louis Circuit
Court
Rebecca a Negro Woman
vs Black Horine & Melody
Attachment for David P Waterman
in Court before Came in Court before attachment went out
*Wm Milburn Sheriff*
---
**Page 31** (6855_031.jpg)
> *Legal Function: Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
County Of St. Louis , Ss.
The State Of Missouri , To Mr Waterman & Mrs Waterman
Bricklayer, the dame Subpenaed before in this ease
Greeting:
You are hereby commnaded, that setting aside all manner of excuse and delay, you appear
before the Judge of our Circuit Court , on the 9th day of Dec 1845
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 Rebecca a Negro Woman is
plaintiff and Horine Black & Melody are
defendants on the part of the plaintiff
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 2nd day of Dec
in the year of our Lord one thousand eight hundred and
forty- five John Ruland Clerk, C. C.*
---
**Page 32** (6855_032.jpg)
> *Legal Function: Certificate of Execution of Subpoena Duces Tecum of Plaintiff's Witnesses David B. and Mrs. Waterman*
St. Louis Circuit
Court
Rebecca a Negro
vs Horine Black & Melody
Witnesses for Pltff
Mr Waterman a bricklayer the same subpenaed[?]
heretofore in the [illegible] case his wife
*Mrs Watterman
Mr Watterman Executed Wm Milburn shff fee \$1.00*
---
**Page 33** (6855_033.jpg)
> *Legal Function: Plaintiff's Motion to Set Aside Verdict*
Rebecca a negro woman
vs
Horine Black & Melody St Louis Cir
cuit Court
The plaintiff by her Atty moves to
set the verdict of the jury a side in the
above case for the following reasons
to wit 1st that said verdict is against
law
2d. That said verdict is against evidence
3d. that said verdictis against
same evidence
4th That said verdict [illegible] is against the
instructions of the court
5 That the court misinstructed[?] the
jury
6. That the instructions of the court
are against the law & evidence
*J F Risk
Atty for Pltff*
---
**Page 34** (6855_034.jpg)
> *Legal Function: Cover Page*
St. Louis Circuit
Court
Rebecca a Negro Woman
vs
Horine Black & Melody
Motion to set aside
veridct[?] for reasons
below
*Filed 9 Decr 1845 Jn. Ruland Clerk*
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**Page 35** (6855_035.jpg)
> *Legal Function: Verdict*
We the jury find the defendant guilty
*Charles Collins [illegible]
foreman*
---
**Page 36** (6855_036.jpg)
> *Legal Function: Cover Page*
Rebecca
vs
Black Horine & Melody
*Verdict*
---
**Page 37** (6855_037.jpg)
> *Legal Function: Verdict*
Rebecca Cold. woman
vs
James Black Thos. M.Horine
& George H .C.Mellody
We the Jurors in the
above case find for the defendants not
guilty
*Joseph Klein Jr
Foreman Decr 5/45*
---
**Page 38** (6855_038.jpg)
---
**Page 39** (6855_039.jpg)
> *Legal Function: Jury Instructions (Given)*
Given
If the Jury believe from the evidence that
the Plaintiff was taken into the state of
Illinois by her owner or by any other
person with his knowledge or counsel
for any purpose, other than for the purpose of [illegible]
through that State. they will find for the
Plaintiff-
Given
To entitle the Plaintiff to recover in this
case, the Jury must be satisfied [illegible] that the said Plaintiff was
taken into the State of Illinois at the time mentioned by the witnesses by
the person owning her at that time
or with the knowledge or consent of
such owner-
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**Page 40** (6855_040.jpg)
> *Legal Function: Cover Page*
Rebecca (of color)
vs
Black et al
Instructions given
---
**Page 41** (6855_041.jpg)
> *Legal Function: Jury Instruction (Refused)*
Refused
If the jury find from the evidance that the pltff
[illegible]
was taken to Illinois by a person who was on a visit from
this State to Illinois will the laws on
thus taking her after such visit was over, such
use of the pldgg [illegible] not [illegible] [illegible] [illegible] freedom,
---
**Page 42** (6855_042.jpg)
---
**Page 43** (6855_043.jpg)
> *Legal Function: Jury Instruction (Given)*
given
That [illegible] the jury from the evidence that the
pltff: was taken to Illinois with the [illegible] of the
[illegible] [illegible] the jury will find for the deft.
---
**Page 44** (6855_044.jpg)
---
**Page 45** (6855_045.jpg)
> *Legal Function: Jury Instruction (Given)*
Given
If the jury find from the evidence that Emily Black
had an usufruct [illegible] in the pltff: [illegible] [illegible] [illegible] asval
of her daughter Caroline at the age of eighteen years
[illegible] such [illegible] was existing took the pltff to Illinois
without the consent of consent of Caroline the daughter of
the person holding the legal bill which in this case was
---
**Page 46** (6855_046.jpg)
is Thomas Horine such taking to Illinois [illegible] [illegible] en-
title the plaintiff: to her freedom
---
**Page 47** (6855_047.jpg)
> *Legal Function: Jury Instruction (Given)*
Given
Dec 5 1845.
If the jury believe from the evidence that the plaintiff
was the property of the defendants & that they permitted the plaintiff to
go to the state of Illinois to reside or that
they permitted her to remain there longer than
& there held in servitude beyond a resonable
time to go and return, they will found for
the plaintiff.
---
**Page 48** (6855_048.jpg)
---
**Page 49** (6855_049.jpg)
> *Legal Function: Jury Instructions (Given)*
Given
If the jury find from the evidence that the plaintiff
is one of the slaves [illegible] by William James to Thomas
M Horine, that she was at the time of the execution of
said deed the property of said James then the residence
of said plaintiff in the state of Illinois does not entitle
her to recover in this suit, unless it has been proved
to the satisfaction [illegible] of the jury that Thomas M Horine
[illegible] to such evidence -
Given
To entitle the Plff. to recover [illegible] [illegible] must be [illegible] [illegible] from the evidence that Thomas M Horine [illegible]
to the residence of the plaintiff in Illinois, and such
[illegible] is not to be presumed - unless the jury shall
believe that said Horine at the time had knowl
edge of the fact that the plaintiff was taken to the state
of Illinois & than held in servitude.
---
**Page 50** (6855_050.jpg)
---
**Page 51** (6855_051.jpg)
> *Legal Function: Jury Instructions (Refused)*
Refused
If the jury believes from the evidence
that any person having the right to the
controll[?] or services of the plaintiff carried her to the state of Illinois to reside
and while residing or remaining in said
state the plaintiff worked for or served,
such person as a slave, they will find
for the plaintiff.
Refused
If the jury believes that the plaintiff
was carried to the state of Illinois by
any person having a right to her services
and that she remained there for the space
of months or more they may infer
that the plaintiff remained in in Illinois
by the consent of the defendant & will
find for the plaintiff
Refused
If the jury believes from the evidence
that any person having a right to the
services of said plaintiff carried her to
Illinois & while there hired her out> to
others - they will find for the plantiff
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**Page 52** (6855_052.jpg)
> *Legal Function: Cover Page*
Rebecca (Of Color)
vs
Black Horine et al
Instructions Refused
*Dec. 5. 1845*
---
**Page 53** (6855_053.jpg)
> *Legal Function: Jury Instructions (Given)*
given
That the consent of Thomas M . Horine
the trustee of said slave for the benefit of
Mrs. Black for life with remainder to
Caroline her daughter, to the residence
of the slave at Vandalia , did not set the
slave free without the consent of both
of the persons for whom he held her,
if then having; and that such consent
could not he given by the said [illegible]
line if the jury belive from
the evidence that she was a minor of
the age of less then 8 years.
Given
That such consent could not be given
by Mrs. Black while she was a married woman unless the jury shall believe
that she acted [illegible] under the authority of her
husband-
---
**Page 54** (6855_054.jpg)
> *Legal Function: Cover Page*
Rebecca (of color)
vs
Black Hormine[?]
Instructions given
*Dec 5th 1845*
---
**Page 55** (6855_055.jpg)
> *Legal Function: Jury Instruction*
Rebecca (a free woman)
vs
James Black
Thomas M Horine &
G.H.C. Mellody
for freedom
The court will instruct the jury that
if they believe from the evidence the plaintiff ( Rebecca ) was
taken to the state of Illinois from the state of Missouri at any
time before the commencement of this suit
by her owners or by the Consent of her
owners and then held in servitude
as a slave, there, they will find for the
plaintiff
---
**Page 56** (6855_056.jpg)
> *Legal Function: Order*
In the St Louis Circuit Circuit Court
November Term 1842. Satuarday January 7th 1843.
Rebecca (of Color)
vs
Thomas Horine George H . C. Mellody
Now at this day [illegible]
the defendant George
H . C. Mellody and
bring the body of said plaintiff in open Court and there-
upon It is ordered by the Court that said plaintiff be
transfered to the Custody and Charge of William Milburn
Esq Sheriff of St Louis County, which was accordingly
done It is further ordered that the Sheriff hire out said
plaintiff to the best advantage from time to time during
the pendency of this Cause and take bond from the hirer
payable to the State of Missouri in the penalty of Four
Hundred and Twenty five Dollars with such security as
he approves Conditioned that the hirer will pay the hire
to the Sheriff and return the plaintiff at the expiration
of the term for which she is hired or as soon
as this action is determined
*A True Copy [illegible] Jno Ruland Clerk*
Rebecca, a Negro Woman V. James Black, Thomas Horine, and George Mellody. 1842, St. Louis Circuit Court Historical Records Project, accessed October 9, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/60913