Dorinda v. John Simonds Jr. (1826)
To the Honourable the Circuit Court of St Louis County
The petition of Dorinda a free woman of Colour represents that she was born in slavery, and about five years ago became the property of Arington Phelps, who about three years ago went to reside in the State of Illinois taking with him your petitioner, that he continued to reside in the said State about two years, during all which time your petitioner remained with him in the said State, that a short time ago the said Phelps removed to the State of Missouri, bringing with him your petitioner whom he has since mortgaged as your petitioner is informed and believes, to John Simonds junior, by whom she is detained and held in slavery
Your petitioner therefore prays that she may be permitted to sue as a free person &c.
Dorinda
John Simonds
ads
Dorinda
And the said John Simonds by Geyer his attorney comes and defends the force and injury when &c and says he is not guilty of the said trespass assault & battery & false imprisonment, in manner and form as the said plaintiff hath above thereof complained against him, and of this he puts himself upon the country &c
Geyer for deft
And for further plea in this behalf the said defendant says that the said plaintiff is not a free person in manner and form as she hath above thereof in her declaration thereof alleged and of this he puts himself, upon the country &c
Geyer for deft
And for further plea in this behalf the said defendant says that the said plaintiffs right not to have or maintain her action aforesaid thereof against him because he says, that she the said plaintiff before and at the time of the commencement of this suit was and state is a slave and this he is ready to verify
Wherefore he prays judgment &c
Geyer for deft
John Simonds
ads
Dorinda
Pleas
1 Not Guilty
2 Plff not free
3 Plff a slave
filed March 28th 1826
A. Gamble Clk
Depositions of witnesses produced, sworn, and examined on the twentieth day of May one thousand eight hundred & twenty six between the hours of nine of the Clock in the forenoon and six of the Clock of the afternoon of that day at the office of Richard J . Hamilton Esqr in the town of Brownsville and County of Jackson in the State of Illinois before me Joel Manning a Justice of the Peace within and for the County aforesaid in a certain case now pending in the Circuit Court of the County of St. Louis in the State of Missouri between Dorinda a woman of Colour Plaintiff and John Simonds Jr. defendant.
Richard J. Hamilton of lawful age being produced, sworn, and examined on the part of the defendant deposeth and saith.
Question first. Are you acquainted with Dorinda a woman of Colour the Plaintiff in the above mentioned suit if so at what time and at what place did you know her?
Answer. I am. I have been acquainted with her from her infancy, have seen her in Kentucky, in Missouri and she also resided with me for a time in Brownsville, Jackson County, State of Illinois.
Question 2d. What do you know concerning her residence in the State of Illinois; please State the circumstances attending it?
Answer. Dorinda was brought to Illinois late in the fall of 1823 and left at the house of Col. James Gill on the Illinois Bank of the Mississippi River in this County by a man by the name of Brown as I was informed. About the same time I received a communication from Mr. Avington Phelps, the Master and owner of Dorinda, informing me that she was to be hired out in the County of Cape Girardeau, State of Missouri, requesting me to attend to hiring her out in the said County and collect the money for her hire until he returned and took her home.
As soon as I knew that she was at said James Gill's, I went there with the intention of taking her to Missouri and hiring her there but at the earnest solicitations of Dorinda to permit her to remain at my house until her master should return and take her home I permitted her to go home and remain with me without the knowledge and contrary to the institutions of her Master and owner Mr. Phelps.
I wrote to Mr. Phelps informing him of Dorinda's situation but received no answer for six or eight months or more when he informed me that by reason of his absence he had not before received my communication and again instructed and requested me to take Dorinda to Missouri and hire her out as before instructed. I took her to Missouri with that intention but she again entreated me to let her return with me and refused to stay there; and she returned with me to Illinois, where she remained until August 1825 when her Master on his return from a trip to Kentucky called and took her with him. She went freely and without any compulsion on the part of her Master or apparent reluctance on hers.
Question 3d. Do you know by what authority or pretence the aforesaid Brown brought the said Dorinda to Illinois?
Answer. I do not.
Richd J. Hamilton
Sworn and Subscribed to before me on the day at the place and between the hours first aforesaid.
Joel Manning J.P.
Diana W. Hamilton of lawful age being produced, sworn and examined on the part of the defendant deposeth and saith—
Question 1st. Are you acquainted with Dorinda, a woman of colour, the Plaintiff in the above mentioned suit if so at what time and at what place did you know her?
Answer. I am. But never knew her except during her residence in the State of Illinois.
Question 2d. What do you know concerning her residence in the State of Illinois? Please state the circumstances attending it.
Answer. In the fall of 1823, I saw a communication from Mr. Avington Phelps to Mr. Hamilton requesting him to attend to hiring out Dorinda in the County of Cape Girardeau, State of Missouri. I was at Colo[nel] James Gill's with Mr. Hamilton the same fall when I saw Dorinda for the first time. I heard Mr. Hamilton tell her that he should take her to Missouri and hire her out and heard her earnestly request him to permit her to go and stay with him until her Master should return and take her home. I asked her if her Master sent her to live with Mr. Hamilton. She said no, but that Mr. Hamilton was to hire her in Missouri, but that she had much rather stay with Mr. Hamilton until her Master returned.
She remained with Mr. Hamilton at Brownsville, Jackson County, Illinois, and after eight or ten months, Mr. Phelps wrote to Mr. Hamilton (he having been informed of Dorinda's situation) requesting him to take Dorinda to Missouri and hire her there. Mr. Hamilton accordingly took her to Jackson, Missouri, for the purpose of hiring her there. She when there earnestly requested Mr. Hamilton and myself to permit her to return with us to Illinois and finally absolutely refused to remain in Missouri. She returned with Mr. Hamilton, and remained until about August 1825 when her Master Mr. Phelps on his return from a trip to Kentucky called and took her with him and she went without any apparent reluctance.
Diana W. Hamilton
Sworn and Subscribed to before me on the day at the place and between the hours first aforesaid.
Joel Manning J.P.
I, Joel Manning, a Justice of the Peace within and for the County of Jackson in the State of Illinois, do certify that the above named Richard Hamilton and Diana W. Hamilton 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 examinations reduced to writing and by them respectively submitted in my presence on the day between the hours and at the place in that behalf first aforesaid specified.
Taken and certified this 20th day of May 1826.
J. Manning J.P.
State of Illinois
Jackson County ss.
I, Joel Manning, Clerk of the Circuit Court within and for the County of Jackson in the State of Illinois, do hereby certify that Joel Manning before whom the foregoing depositions were taken and whose name is subscribed to the foregoing several Certificates thereof was on the 20th day of May eighteen hundred and twenty six a Justice of the Peace within and for the County of Jackson aforesaid duly appointed, commissioned, and qualified and acted as such and that full faith and credit are due to his acts as such.
In testimony whereof I have hereunto set my hand and affixed my private seal (no official seal of the said Court being provided and the Statute authorizing the Clerk to use his private seal in like cases) at Brownsville this twentieth day of May in the year of our Lord one thousand eight hundred and twenty six.
Joel Manning Clerk
Dorinda
vs.
John Simonds Jr
St. Louis Circuit Court
Avington Phelps being sworn saith that he is the owner of the above plaintiff now suing for freedom; that Henry S. Brown is a material witness for the defendant in above suit without whom he cannot safely go to trial; that said Brown went some time since to Texas in the Spanish Territory whence he is expected to return to his residence in Pike County in this state in September next & has in fact lately written home to that effect; so that this deponent fully believes he shall be able to procure the testimony of said Brown in said suit by the next tern of this Court. Deponent further says that said Brown has been in Texas ever since said suit was commenced, so that he has hitherto been unable to obtain his deposition.
Avington Phelps
Sworn to & subscribed this 2d August 1826 in open Court
Arch[ibal]d Gamble Clerk
Sir,
Take notice that Dorinda a female negro conveyed by you to me as a slave has commenced suit against me in the St Louis Circuit in form an action of assault and battery and false imprisonment according to the form of the statue to establish her right to freedom, she claiming to be a free woman. You are therefore required to take notice of the said action which is now pending in said suit, and to maintain your right to hold her as a slave and convey her to me as such according to your warranty in that behalf.
St Louis 9th Dec 1826.
Jno Simonds Jr
To Avington Phelps.
The within notice was read and explained by me, to Avington Phelps, the person to whom the same was directed, the 9th December 1826 in the City of St Louis.
Robert Simpson Sh[eri]ff
Dorinda
vs
Jno Simonds Jr
Notice to Phelps
filed Dec[embe]r 9th 1826
A G Clerk
