James Talbot v. Delford Benton This electronic document is published as part of the St Louis Circuit Court historical records project.

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 January 29, 1841 March Term 1841

The original document is part of the Missouri State Archives St Louis Circuit Court collection.

 James Talbot v. Delford Benton January 29, 1841 March Term 1841 Talbot, James Benton, Delford Suit for Freedom 162 St. Louis Circuit Court Ruland, John Bird, Gustavus A. MC deciphered vendor's unclear tags through entire document MC proofread and corrected transcription errors through entire document MC encoded index of returns references through entire document KT removed comment tags, etc. CM performed final review of legal encoding APJ checked vertical and horizontal rends Summons of Delford Benton

This electronic document is published as part of the St Louis Circuit Court historical records project.

The original document is part of the Missouri State Archives St Louis Circuit Court collection.

 Summons of Delford Benton Ruland, John St. Louis Circuit Court

to freedom, & the Court doth assign him Gustavus A Bird Esquire for his counsel - and the Court doth further order that said plaintiff have reasonable liberty to attend his counsel & the court as occasion may require, that he be not removed out of the jurisdiction of the Court, and that he be not sub-ject to any severity on account of his application for free-dom

A true copy of the order of Court Attest Jn. Ruland Clk No 162 St. Louis Circuit Court >March Term 1841

James Talbot vs Delford Benton et. al Alias summons vs Benton

Suit for freedom

Bird

Filed >Janry 29 1841 Jn. Ruland Clk

Anld Bk 13 p 184 Nonsuit 14 p 165 Rept 1st/4th

 County of St. Louis , ss. The State Of Missouri , To the Sheriff of St. Louis County—Greeting:

We command you as we have before commanded you, that you summon Delford Benton , 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 Mon-day of March. next, then and there to answer unto James Talbot a man of color, of a plea of trespass, assault and battery to the damage of said plaintiff 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 29th day of January in the year of our Lord eighteen hundred and forty one Jn. Ruland Clerk. In the Saint Louis Circuit Court November Term 1838 Monday December 24 1838 James Talbot a man of color vs Delford Benton, James C. Music & Prudence Music

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 184

The said James Talbot , by Mr Bird his at-torney presents to the Court here his petition

verified as the law requires, praying for leave to sue as a poor person, in order to establish his right to freedom, and the said petition in the opinion of the Court containing sufficient matter to authorize the commencement of a suit, it is ordered that the said plaintiff be permitted to sue as a poor person to establish his right

Copy of Declarations and Orders in Talbot v. Musick, et al.

This electronic document is published as part of the St Louis Circuit Court historical records project.

The original document is part of the Missouri State Archives St Louis Circuit Court collection.

 Copy of Declarations and Orders in Talbot v. Musick, et al. Ruland, John St. Louis Circuit Court State of Missouri County of St. Louis

Be it remembered that heretofore, that is to say, on the 24 Dec. 1838 was filed in the office of the Clerk of the Circuit Court in and for said County a declaration which is in the words and figures following, to wit: State of Missouri St. Louis Circuit Court March Term AD 1839.

James Talbot a man of color complains of Delford Benton James C. Music & Prudence Music of a plea of trespass Assault and Battery for that heretofore, to wit on the first day of January in the year of our Lord Eighteen hundred & thirty eight at St. Louis in said County the said Defendants with force and arms made an assault upon the said plaintiff & there imprisoned the said plaintiff without any legal or probable & hath so continued to imprison him there from the day last aforesaid untill the day of the commencement of this suit and other wrongs then and there did against-the peace and the law of the land and the plaintiff avows that before and at the time of the committing of the said several grievances he was and still is a free person & that said defendants detained and still detain the said plaintiff in slavery and therefore for his liberty he sues.

G. Bird atty for Plaintiff. And afterwards, at the November Term of said Court for the year 1839, to wit on the 18th day of February 1840 this case was continued.

And afterwards, at the November Term of said Court for the year 1840, to wit on the 21st day of January 1841, the following further proceedings were had, to wit:

James Talbot vs. Delford Benton. James C. Musick & Prudence Musick.

Now at this day come the said defendants by their Attorney, and the said plaintiff although solemenly called comes not, but make default, nor hath he prosecuted his suit with effect it is therefore considered by the Court, that the said plaintiff take nothing by his said suit, but that said defendants so thereof without day, and recover of said plaintiff their costs and charges in this behalf expended and have thereof Execution.

And afterwards, at the said term of said Court, to wit on the 23, day of January 1841, the following further proceedings were had to wit:

James Talbot vs. James C Musick & Prudence Musick impleaded with Delford Benton

By Consent of parties it is ordered that the judgment of non suit herein rendered, be set aside, and thereupon on motion of said Plaintiff by his Attorney, it is further ordered that an alias writ of Summons issue herein against Delford Benton , accompanied with a copy of the declaration and orders of Court made herein.

True copies Attest Jn. Ruland Clk </titleStmt> <publicationStmt> <p>This electronic document is published as part of the St Louis Circuit Court historical records project.</p> </publicationStmt> <sourceDesc> <p>The original document is part of the Missouri State Archives St Louis Circuit Court collection.</p> </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Caption" rend="vertical"> <pb facs="27213_005.tif" n="005"/> <p>Copies of Declaration &<lb/> orders of Court in case<lb/> of Talbot<lb/> <abbr>vs</abbr> <lb/> Music & others</p> <pb facs="27213_006.tif" n="006"/> </div1> </body> </text> </TEI> </teiCorpus>