Whereas, a petition from Billy Tarlton, a man of colour, , has been presented to the court of common pleas, of the county of Saint Louis , praying the said court to admit the said Billy Tarleton to sue, as a pauper, for his freedom he being held (as he states) in unlawful servitude, by a certain Jacob Horine , affidavit of William Russell , of Joachim, on file that he has prob-able reason to believe that the matters contained in the said petition, are true whereupon the court assigned D Barton Esquire, as cousel for said Billy Farleton, , to issue, against Jacob Horine , and take the proper measures in this case, agreeably to the statute, in such case made, and provided, And the court did order and dirict that the said Jacob Horine , permit the said Billy Farleton, to have a reason-able liberty, of attending his counsel and this court whenever occasionmay require it and that the said petitioner, shall not be taken nor removed out of the jurisdiction, of this, court, nor be subjected to any severity, because of his application for freedom we command you that you summon Jacob Horine , if he may be found within your bailiwick, that he be, and appear before, the judges of our court of common pleas to he holden at the town, of Saint , Louis within and for the said county of st Louis on the third, monday of february next then &, there to answer unto William Farleton, , otherwise called Billy Farleton, , otherwise called Bill a black man, in a plea, of trespass assault, and, battery, and false imprisonment, to the Damage of the said William Farlton, otherwise called one, thousand Dollors as it is said, have you then there this writ,

Tr, ass, battery, false imprisonment,

Jacob , Horine the deft being, duly sworn, says that he purchased, the plaintiff in Kentucky , as a slave, from one certain Squire Brooke living, in Jefferson county, that he send, by his deponents brother, to said, Brooke to fur, nish him, with the necessary proof, of to said plaintiff time sufficient for him, to return, to this term but, he has not, yet re, turned that he does not think he can safely, go to trial, without the evidence, of said Brooke, the Bill, of sale, which Deponent supposes, is in his possession such other evidence, as he can furnish, that deponent, does not think he ought, to permit, this case to go on, to trial without giving, him said Brooke on opportunity, of establishing, his right, to sale said plaintiff, as a slave, that he expects to recieve, an answer, from said Brooke, sufficient, to be ready, for trial, as the next term,

You are hereby commanded to summons Benedict & John Keer that setting aside all manner of excuse, and delay they be and appear, in proper Person before the judges of our court of Common, pleas on the twenty first day of February next, at the town, of saint, Louis then & there to testify and the truth to, say in a certain matter of controversy now pending in our said court wherein William Farlton is, Plaintiff and Jacob Horine , defendant on the part, of the defendant, and have you then there this writ.