Switzerland County, Indiana, Circuit Court Complete Record Book 1816-1818, p. 68-73, Will vs. James Jones Jr., October 1816; FHL digital film 7834321.

Will alias William & Dolly his wife persons of colour vs. James Jones Junior} Pleas in the Switzerland Circuit Court held at Vevay in and for the county of Switzerland, before the Honorable Jesse H. Holman President and Circuit Judge and William Cotton and James McClure, Esquires Associate Judges of said Court of the Term of October in the  year of our Lord, one thousand, eight hundred and Sixteen,
John Francis Dufour, Clerk.

Switzerland County SS: Be it remembered, that heretofore, towit previous to the March Term of this Court in the year of our Lord, one thousand, eight hundred and sixteen, the following papers were transmitted to and received at the Clerks office of this said Court, on a [change] of venue from the Franklin Circuit Court in and for the County of Franklin and the Indiana Territory—towit,

Indiana Territory, Switzerland County} The United State, to the Sheriff of said County: Greeting:

You are hereby commanded to taken into your custody the body of James Jones Junior, if he is to be found in your Bailwick and safely keep, so that you have his body before the Judges of our Franklin Circuit Court, at their Term to be holden at the Court house in and for the County of Franklin, on the 2nd Monday in March next, to answer unto Will a man of colour and Dolly his wife a woman of colour in a plea of trespass Assault and Battery & false imprisonment damage two thousand Dollars, and have then there this writ

Witness John R. Beatty, Clerk of said Court this 7th day of February in the year of our Lord, 1815.
[signed] John R. Beaty C. F. C. C. [Clerk, Franklin County Circuit Court]

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Indiana Territory, Franklin County} Sct. I, Benjamin Smith one of the associate Judges of the Franklin Circuit Court, in and for the County of Franklin, Indiana Territory doth hereby order That Dolly a person of Colour shall be allowed to bring suit for her freedom in forma pauperis against James Jones Junior on the service of a cop of this order by the Sheriff of the county aforesaid, do give bond & security to the Sheriff by him to be approved, that he will not remove the said Slave Dolly without the Jurisdiction of this court, during the pendency of this suit, under the penalty of one thousand Dollars and that he will suffer of said Dolly to attend to the preparation and trial of suit, and visit her counsel when necessary, or in case of failing to give such bond and security that the Sheriff do take the said Slave into his possession and hire her out for the best price and in the best manner, he can within this County; and that he reserve the said hire, subject to the order of the Circuit Court for Franklin County and I do further order, and direct the Clerk of the Court aforesaid, to issue a capias in the cause aforesaid, and a copy of this order to accompany the same immediately. And I do further assign to the said Dolly Amos Lane, John Test and James Noble Esquires as her counsel for the prosecution of the suit aforesaid.

The said Dolly upon making application to me did comply with the third section of the act entitled “an act providing a mean and help and speed poor persons in their suits.” February 7th 1815.

[signed] Benjn. Smith {Seal}

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Memorandum endorsed on the aforesaid was as follows, to wit

This action is trespass Assault & Battery and false imprisonment and bail is required as per special order accompanying the wit—

[signed] Lane, Noble & Test atts for plff.

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And afterwards, to wit, on the second Monday in March in the year aforesaid on the [?] day of the aforesaid writ came the Sheriff of Franklin County by his deputy and returned the aforesaid writ to the Judges of the Franklin Circuit Court as appears by the endorsement in the words following, to wit

Cepi Corpus Jonathan McCarty deputy Sheriff of F. C. I Jonathan McCarty that the within named defendant refused to give a bond and security as per special order of Judge Whiteworth herewith accompanying.

[signed] Jonathan McCarty, Depy Shff F. C.

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Indiana Territory, Franklin County} SS. In the Circuit Court of Franklin County

Will alias William a man of colour and Dolly his wife a woman of colour complain of James Jones Junior in custody &c. of a plea of trespass assault and Battery and false imprisonment. For that whereas the said James on the first day of January in the year of our Lord, one thousand eight hundred and fifteen in the county aforesaid, and within the Jurisdiction of this Court with force and arms, in and upon the said Dolly wife of the said Will alias William then and there did beat, wound, bruise and evilly intreat and her the said Dolly wife of the said Will alias William there and there did imprison and confine for a long time, to wit, for the space of thirty days, so that her life was greatly dispained of and others wrongs to the said Dolly wife of the said Will alias William then and there did against the peace and dignity of the United States and this their Territory of Indiana and so the said Dolly wife of the said Will alias William say they are injured and have sustained Damages to the amount of two thousand dollars and therefore they bring suit &c.

[signed] Lane, Test & Noble, atts for Plffs

Pledges &c} John Doe, Rich Roe

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And afterwards, to wit, at the November rules of this Switzerland Circuit Court, held at the clerks office in Vevay in said County of Switzerland before the Clerk of said Court on the first Monday in November in the year eighteen hundred and fifteen came the plaintiffs by their attornies and entered a rule for the defendant to appear and plead to their declaration on file in this cause on or before the next December rules, to be held at the clerks office aforesaid on the first Monday in December there next following or Judgement by default and the cause was continued &c.

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And afterwards, towit, at the December rules of this court held at the clerks office in Vevay aforesaid, before Clerk of this Court on the first Monday in December in the year of our Lord, one thousand, eight hundred and fifteen until which time this cause was continued, came the plaintiffs by their attornies and the defendants being solemnly called came not, and the clerk thereupon on motion of the plaintiffs by their attornies, entered the defendants default by Judgment for want of a plea to the declaration aforesaid, & the Cause was continued until the Term of this Court to be held at Vevay in and for the County of Switzerland on the twenty fifth day of March eighteen hundred and sixteen.

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At which day, to wit, on the twenty sixth day of March in the year of our Lord, one thousand eight hundred and sixteen at the March Term of the Switzerland Circuit Court aforesaid held at Vevay aforesaid before the Judges thereof until which time this suit had been continued came the parties aforesaid by their attornies and with their assent the Judgment by default heretofore rendered in the Clerks office this Court in this Cause was set aside and the defendant thereupon by his attorney filed a plea of the general issue as also a plea of Justification—in the words and figures following, to wit-

And the said James Jones by his attorney comes and defends &c. when &c. and as to the force and arms &c. and whatever is against the peace and as to the bruising and wounding &c. in the said declaration mentioned the said James Jones says he is not guilty thereof and of this he puts himself upon the Country. J. Dill atty.

And for further and second plea in the behalf agreeably to the act of Assembly in such case made and provided as to the residue of the said supposed Trespass Assault & Battery false imprisonment &c. by the plaintiff aforesaid against the said James Jones alledged he says that the said plaintiff her action, aforesaid, out not to have or maintain because he says that the said Dolly wife of the said Will alias William at the time when the said supposed Trespass &c. Assault & false imprisonment is alledged to have been committed and long before, to wit, the 23rd day of April 1808 – one James Jones Junior the said defendant did for the sum of one thousand dollars purchase of one Joshua Brown to whom the said Dolly was then a Slave – the services and time of the said Dolly together with Bill alias Will her husband, as he lawfully might do And the said defendant saith that the said James Jones father of the defendant removed with the said Dolly to the County of Dearborn in the Indiana Territory on the fifteenth day of May 1808 – at which time towit on the said 15th day of May 1808 – at the County of Dearborn in the Indiana Territory the said Dolly wife of the said Will the plaintiff aforesaid for and in consideration that the aforesaid James Jones father of the said Defendant had paid laid out and expended, for the use of the said Dolly and her husband the aforesaid Bill alias William and their family the aforesaid sum of one thousand dollars she the said Dolly did of her own voluntary will, act and consent bind and place herself as an apprentice or servant to the James Jones Senr. for the space or term of seventeen years from the said 15th day of May 1808 agreeably to the provisions of a Law of the Indiana Territory passed and approved the 17th day of September 1807 before the Clerk of the Court of Common Pleas of Dearborn County Indiana Territory as follows, towit, also Dolly a black woman aged near twenty three years agrees with her said Master James Jones to serve him seventeen years from the date 15th day of May 1808 before me Samuel C. Vance Clk. Com. Pleas – Which time of service of apprenticeship was on the [blank] day of December 1814 Transferred to the said Defendant by the said James Jones the said defendant’s Father and which said Term of service or apprenticeship of the said Dolly wife of the said William alias Will was on the 2nd day of February the day of the date of issuing the said writ of her the said Dolly and yet is unexpired and because the unexpired Term of Service of her the said Dolly was by the aforesaid James Jones defendant’s father transferred to the said Defendant. And was on the said second day of February 1815 and yet is unexpired he the said Defendant did take and restrain the said Dolly the plaintiff aforesaid as an apprentice, aforesaid, without that, that the said defendant in any other manner or way took, restrained or exercised, control over or assaulted the said Dolly as he the said Defendant lawfully might do, which is the same residue of the said supposed trespass, assault & Battery, wounding & false imprisonment aforesaid by the said plaintiff alledged & this he is read to verify wherefore he prays Judgment of the said plaintiff her action ought to have or maintain &c.

[signed] J. Dill, atty.

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And afterwards, to wit, on the twenty seventh day of March in the year of our Lord eighteen hundred and sixteen aforesaid, came the plaintiff into Court and had this suit placed at the foot of the Docket.

And afterwards, to wit on the twenty eighth day of March of the same mount & year aforesaid, before the Court came the parties aforesaid by their attornies and with their assent this cause is continued until the next Term of Court.

And afterwards, to wit, at the next Term of this Court held at Vevay in and for the County of Switzerland aforesaid before the Judges thereof, on the twenty fifth day of June in the year of our Lord, one thousand eight hundred and sixteen until which time this cause was continued, came the parties aforesaid by their attornies and with their assent this cause was continued until the next Term of this Court.

And afterwards This day to wit, on Monday the twenty eighth day of October of this same Term in the year of our Lord, one thousand, eight hundred and sixteen before the Court aforesaid came the parities aforesaid by their attornies and by consent of both parties this cause is dismissed at the Defendants costs as per agreement now on the files of this Court. It is therefore considered by the Court that the plaintiffs aforesaid recover of James Jones Junior the defendant aforesaid their costs by them about this suit in this behalf expended and the said defendant in mercy &c.