Carey, a man of color v. Benjamin Wilder This electronic document is published as part of the St Louis Circuit Court historical records project.

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 March 8, 1831 March Term 1831

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

 Carey, a man of color v. Benjamin Wilder March 8, 1831 March Term 1831 Carey Wilder, Benjamin assault battery falseimprisonment 53 St. Louis Circuit Court Walker, John R. Gamble, Archibald Carr, Will C. B., John Bird, G.A. Stub, John Gamble, H.R. Unknown KT removed comment tags, added caseTitle, and moved legalFunction tags SS edited upto line 26-9 and img 6731_1 SS edited upto line 59 ending with img 6731_4 SS edited upto end img 6731_9 SS edited upto end img 6731_10 SS edited upto end img 6731_13 and line 165-12 SS edited upto end img 6731_14; have to proofread 13 and 14 SS proofread img 6731_13; yet to proofread 14 SS proofread img 6731_14; -- completed case MB added legal information - done CM performed final review of legal encoding Petition to Sue as Poor Person

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.

 Petition to Sue as Poor Person Bird, G.A. Gamble, Archibald Carey Carr, Will C. St. Louis Circuit Court In the of the Circuit Court for St Louis Circuit State of Missouri

The petition of Carey a man of color represents to your honor that he is entitled to his freedom but that he is since held in by Benjamin at St Louis in said - your petitioner states that the following are the facts which your petitioner to his freedom your petitioner states that about nine years ago your petitioner was the slave of one Thomas I - that about the time last Said took your Petitoner to the State of Illinois near for the purpose of employ - ing your Petitioner in the mining and that Said hired your Petitioner to in the State of Illinois , at , forabout 3 weeks to different in dividuals ; that Said employed your petitioner about three weeks in digging minerals near in the state of Illinois - that Said then from Illinois with your- Petitioner that Said claims your Petitioner as his salve claims to the through said Thomas your Petitioner further says that Said talks of sending your Peti - tioner to some distant place your petitioner is a fraid do so reasons to fear . your petitioner therefore prays that he may be permitted to for his freedom as a poor person that to him to prosecute his -that a of said to bring your Petitioner that such he had may be in the personal safety of your Petitioner

Carey his mark x

the above named Petitioner on his says that the facts in the above Petition stated are true .

Carey his mark x sworn to the 8th march 1831 G Bird

I Judge of the Circuits Court for the Circuit State of Missouri du on that the be permitted to as a poor person to establish his freedom and to Said as his to Said for freedom an also order that Said shall have reasonable liberty to attend the Court his counsel may require and also that Said shall be taken out of the of the Circuit Court for St Louis County State of Missouri to any because of his application for freedom March 8th 1831

Will C. Carr </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="Certificate of Filing" rend="horizontal"> <pb facs="6731_003.tif" n="003"/> <opener> <unclear rend="written" unit="chars"> <supplied>No.</supplied> </unclear> 53<lb/> <date when="1831">March term 1831</date> </opener> <p> <unclear rend="written" unit="chars"> <supplied>petition</supplied> </unclear> of <unclear rend="written" unit="chars"/> <lb/> for freedom and<lb/> order that he may<lb/> sue as a poor person </p> <closer> <unclear rend="written" unit="chars"/> <date when="1831-03-08"> filed 8 March 1831</date> <lb/> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>A Gamble</orig> </choice> </persName> </supplied> </unclear> </signed> <unclear rend="written" unit="chars"/> </closer> </div1> </body> </text> </TEI> <TEI> <teiHeader> <fileDesc> <titleStmt> <title>Complaint

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.

 Complaint Walker, John R. Gamble, Archibald Carr, Will C. Stub, John St. Louis Circuit Court State of Missouri St Louis County Circuit Court 3rd/11 judicial Circuit State of Missouri March term A. D. 1831.

Carey a man of color by John Stub his attorney complains of Ben-jamin Wilder of a plea of assault and battery and flase imprisonment for that , Court, on the first day of January in the year eighteen hundred and twenty seven at St Louis in said county The said Benjamin Wilder then & there with and arms an the and then and there beat Bruised wounded & ill treated the said and then & there falsely imprisoned and illegally and forcibly kept and detai ned him the imprison therefor a long space of time, from the first day of january eighteen hundred and twenty seven aforesaid the time of the of this suit and the said Plaintiff over that During the period of the aforesaid imprisonment the said defend ant did daily with force and and beat the said plaintiff at the place aforesaid and the said plaintiff avers that before and at the time of the committing the said sever-al grievances he was still is a free person and that the said Defendant - held and detained and still holdes and detains said plaintiff in slavery said plaintiff says that he is greatly injured and hath maintained damage to one thousand dollars therefore he sues

John for plaintiff </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="Summons for Benjamin Wilder to Appear" rend="horizontal"> <pb facs="6731_006.tif" n="006"/> <opener> <dateline>County of Louis <unclear rend="written" unit="chars"/> The <placeName> <choice> <orig>State of</orig> </choice> </placeName> <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>Missouri</orig> </choice> </placeName> </supplied> </unclear> </dateline> </opener> <p>To the <unclear rend="written" unit="chars"> <supplied>Sheriff</supplied> </unclear> of Said <unclear rend="written" unit="chars"> <supplied>County <unclear rend="written" unit="chars"/> </supplied> </unclear>-<lb/>We Command you to summon <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Benjamin Wilder</orig> </choice> </persName> that <unclear rend="written" unit="chars"/> </supplied> </unclear> he<lb/> and appear before the Judge of our <orgName> <choice> <orig>Circuit Court</orig> </choice> </orgName> at the <unclear rend="written" unit="chars"> <supplied>next<lb/> <unclear rend="written" unit="chars"/> </supplied> </unclear> thereof to be <unclear rend="written" unit="chars"> <supplied> here</supplied> </unclear> at the City of StLouis within and for the<lb/> county of <orgName> <choice> <orig>StLouis</orig> </choice> </orgName> on the fourth monday of <unclear rend="written" unit="chars"> <supplied>March <unclear rend="written" unit="chars"/> </supplied> </unclear> <lb/> then and theno to answer unto <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Carey</orig> </choice> </persName> </supplied> </unclear> a man of color of a <lb/> plea of <unclear rend="written" unit="chars"/> assault and battery and false improvenment<lb/> to the damage of said plaintiff of one thousand dollars<lb/> <unclear rend="written" unit="chars"/> have you then <unclear rend="written" unit="chars"/> this <unclear rend="written" unit="chars"/> </p> <figure rend="seal"/> <closer> <unclear rend="written" unit="chars"/> <persName> <choice> <orig>Archibald Gamble</orig> </choice> </persName> Clerk <supplied> <lb/> </supplied> of our said court of <unclear rend="written" unit="chars"> <supplied>Office<lb/> </supplied> </unclear> the<date when="1831-05-08"> eighth day of <unclear rend="written" unit="chars"> <supplied>May</supplied> </unclear> 1831</date> <lb/> <signed> <unclear rend="written" unit="chars"/> </signed> <unclear rend="written" unit="chars"/> </closer> </div1> <div1 legalFunction="Order" rend="horizontal"> <pb facs="6731_007.tif" n="007"/> <p>I <persName> <choice> <orig>William</orig> </choice> </persName> C.<unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Carr</orig> </choice> </persName> </supplied> </unclear>. Judge of the <orgName> <choice> <orig>Circuit</orig> </choice> </orgName> <unclear rend="written" unit="chars"> <supplied> <orgName> <choice> <orig>Court</orig> </choice> </orgName> </supplied> </unclear> for the<lb/> third judiceal Circuit <unclear rend="written" unit="chars"/> <placeName> <choice> <orig>State of</orig> </choice> </placeName> <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>Missouri</orig> </choice> </placeName> </supplied> </unclear> do order that<lb/> <unclear rend="written" unit="chars"/> the above named <unclear rend="written" unit="chars"> <supplied>petitioner</supplied> </unclear> be permitted to sue as a<lb/> poor person to <unclear rend="written" unit="chars"> <supplied>establish</supplied> </unclear> his freedom and <unclear rend="written" unit="chars"> <supplied>I <unclear rend="written" unit="chars"/> </supplied> </unclear> to said<lb/> <unclear rend="written" unit="chars"> <supplied> <unclear rend="written" unit="chars"/> John</supplied> </unclear> Steel as his counsel to commence & <unclear rend="written" unit="chars"> <supplied>prosecute Said<lb/> <unclear rend="written" unit="chars"/> </supplied> </unclear> for freedom and I also, order that said Cary<lb/> Shall <unclear rend="written" unit="chars"> <supplied>have</supplied> </unclear> reasonable <unclear rend="written" unit="chars"> <supplied>liberty</supplied> </unclear> to attend the <unclear rend="written" unit="chars"> <supplied>court of</supplied> </unclear> his coun-<lb/>sel when occasion may <unclear rend="written" unit="chars"> <supplied>require</supplied> </unclear> and also that said Cary<lb/> Shall not be taken out of the <unclear rend="written" unit="chars"> <supplied>Jurisdiction</supplied> </unclear> of the circuit<lb/> <unclear rend="written" unit="chars"> <supplied> Court</supplied> </unclear> for St. Louis County <unclear rend="written" unit="chars"/> <placeName> <choice> <orig>State of</orig> </choice> </placeName> <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>Missouri</orig> </choice> </placeName> </supplied> </unclear> nor be subject<lb/> to any severity because of his applicaton for freedom<lb/> <date when="1831-03-08">March 8th 1831</date> </p> <closer> <unclear rend="written" unit="chars"/> <signed> <unclear rend="written" unit="chars"/> </signed> </closer> </div1> <div1 legalFunction="Certificate of Filing" rend="vertical"> <pb facs="6731_007.tif" n="007"/> <opener> <abbr>No.</abbr> 53. <dateline> <placeName> <choice> <orig>St. Louis Circuit</orig> </choice> </placeName> <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>Court</orig> </choice> </placeName> </supplied> </unclear> <lb/> <date when="1831">March term 1831</date> </dateline> </opener> <head rend="bracketed"> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Carey</orig> </choice> </persName> </supplied> </unclear> a man of color<abbr> vs</abbr> <persName> <choice> <orig>Benjamin Wilder</orig> </choice> </persName> </head> <p>This is a <unclear rend="written" unit="chars"> <supplied>suit</supplied> </unclear> for<supplied> <lb/> </supplied> freedom an action<lb/> <unclear rend="written" unit="chars"> <supplied>of <sic>apaut</sic> </supplied> </unclear> and <sic>batery</sic> &<lb/> <unclear rend="written" unit="chars"> <supplied> <unclear rend="written" unit="chars"/> imprisonment</supplied> </unclear> <lb/> Damages <unclear rend="written" unit="chars"> <supplied>$1000.00</supplied> </unclear> <lb/> The Clerk of the <placeName> <choice> <orig>St. Louis</orig> </choice> </placeName> <lb/> <placeName> <choice> <orig>Circuit Court</orig> </choice> </placeName> will<lb/> pleas to <unclear rend="written" unit="chars"> <supplied>issue</supplied> </unclear> a sum<lb/> <unclear rend="written" unit="chars"> <supplied> <unclear rend="written" unit="chars"/>mons John <unclear rend="written" unit="chars"/> </supplied> </unclear> <lb/> for plaintiff</p> <closer> <unclear rend="written" unit="chars"/> <date when="1831-03-08"> 8. March 1831</date> <lb/> <signed> <unclear rend="written" unit="chars"/> </signed> </closer> </div1> <div1 legalFunction="Certificate of Execution" rend="horizontal"> <pb facs="6731_007.tif" n="007"/> <p> <unclear rend="written" unit="chars"> <supplied>Send</supplied> </unclear> this writ <unclear rend="written" unit="chars"> <supplied>by <unclear rend="written" unit="chars"/> </supplied> </unclear> to <persName> <choice> <orig>Benjamin Wilder</orig> </choice> </persName> <lb/> the writ & Declaration and also the copy of order of<lb/> the Judge <unclear rend="written" unit="chars"/> on the writ & the <unclear rend="written" unit="chars"> <supplied>peti<lb/>tion to</supplied> </unclear> him on the<date when="1831-03-08"> 8th day of <unclear rend="written" unit="chars"> <supplied>March</supplied> </unclear> <lb/> 1831</date>. in the city of <placeName> <choice> <orig>St. Louis</orig> </choice> </placeName> </p> <closer> <signed> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>John R Walker</orig> </choice> </persName> Shff</supplied> </unclear> </signed> </closer> </div1> <div1 legalFunction="Bill of Costs" rend="horizontal"> <pb facs="6731_007.tif" n="007"/> <p> <table cols="2" rows="3"> <row> <cell> <unclear rend="written" unit="chars"/> of writ <unclear rend="written" unit="chars"/> </cell> <cell>100</cell> </row> <row> <cell> <unclear rend="written" unit="chars"/> </cell> <cell>50</cell> </row> <row> <cell> <unclear rend="written" unit="chars"/> </cell> <cell>1.50</cell> </row> </table> </p> </div1> </body> </text> </TEI> <TEI> <teiHeader> <fileDesc> <titleStmt> <title>Plea

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.

 Plea Gamble, H.R. Gamble, Archibald St. Louis Circuit Court In the Circuit Court March Term 1831 Benjamin Wilder Carey , man of colour

and the said Benjamin by Gamble his attorney comes and defends, the force and when & and says that he is not guilty of the said supposed trespapes above said to him charge or any part thereof in manner and form as the said Carey has above thereof, complained against him. and of this the said Benjamin puts himself upon the County.

and for a further plea in this behalf the said Benjamin says that the said Carey ought not to have or maintain his afore-said action thereof against him because he says that at the time of the commencement of the said action by the said Carey he the said Carey was a slave with that the said Carey at that time was a peeman, as he said in manner and form as he, said Carey , has in his Declaration thereof allged, and this he, said Benjamin is ready to verify.

HR Gamble defnts attorney

Factfile 194

186 186 189 Book 6 189 207 207

No 53 March term 1831 Carey Benjamin Wilder Carey, man of color

Pleas - not guilty

filed april 1st 1831 A Gamble clerk Bill of Execeptions

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.

 Bill of Execeptions Carey Bird B., John Gamble, Archibald St. Louis Circuit Court Carey

Said Carey on his oath says that about the 8th of June Said Wilder who claims this as his slave this to captain for the purpose of on board of the Slave boat St Louis for a trip from St Louis to New Orleans & from there back that this was taken on board of said Boat against his will & taken to New Orleans that he returned on board of Said Boat to St Louis about the first of July that soon after his return he called on his counsel on when to about making preparations for his trial said informed this that it was to prepare his case for trial by the term of the court had again for & must appear in court & be as to this says that soon after his return from New Orleans he was taken sick & has under the care of a physicican to this time that when this case was called for trial last friday this was under the operation of medicine & unable to attend court. This says that during his he has been treated with severity by Wilder he has suffered for want of food & clothing but forced to work when he was sick & unable to work This believes he is entitled to his freedom & if permitted can procure the evidence to establish by the term of this court the of this him Louisiana Missouri & Illinois to take be at both places with for plaintiff whant galin a are semral & there shond be ma cirtanly of procuring their positions in the same day or week. It was the intention of the to have been ready for trial at this term & he believes he should have been prepared if he had not been prevented by his trip to New orleans made us aforesaid

Carey his mark x sworn onted before sum a justice of the piece of S Louis county august 22rd 1831 John B Carey vs Wilder

Said Carey also means to set aside the nonsuit in this case & file this to share the reason in addition to the one filed

2. namely that when this cause was called for trial he had a good cause for continue but in as presented from showing it by

et Bird aty for Piff filled august 22nd 1831 A Gamble clerk </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="Certificate of Filing" rend="horizontal"> <pb facs="6731_012.tif" n="012"/> <head> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Carey</orig> </choice> </persName> <lb/> <abbr>vs</abbr> <lb/> <unclear rend="written" unit="chars"/> Wilder</supplied> </unclear> </head> <p> <unclear rend="written" unit="chars"/> <date when="1831-08-22"> <unclear rend="written" unit="chars"/> </date> </p> <closer> <signed> <unclear rend="written" unit="chars"/> </signed> <unclear rend="written" unit="chars"/> </closer> </div1> </body> </text> </TEI> <TEI> <teiHeader> <fileDesc> <titleStmt> <title>Order

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.

 Order Carr, William C. St. Louis Circuit Court Carey vs Benjamin Wilder

On the calling of this cause for trial Said Carey was called & was not personally present Gustavus a Bird one of the for the plaintiff moved for a continuance & it was agreed by the parties that the statement of Said. Bird to be made as counsel for Carey & that of Mr Prius made on oath should be received as the ground of the motion in line of an affidavit. and said Bird stated as follows that since the task continuance of the cause he received information that the defendant had put Said Carey on board of the Slave Boat St Louis for the purpose of sending him to New Orleans - This affiant on receiving this information immediately up a Petition stating the infor-mation thus received , for the purpose obtaining a writ of Habeas Corpus - to said Slave Boat St Louis & Said Captain Prius who informed said Bird that said had hired him said Carey to work on board said Boat from St Louis to New Orleans & from there back to St Louis - the Sl Boat St Louis was just about to set out of port & said Bird was of opinion that an application for an writ of Habeas Corpus would have been unavail ing - he therefore did not make the application said Bird states that Plaintiff reside in or near Galina Illinois & Louisiana Missouri - That if the facts which Carey has stated & sworn to are true said Carey is in his opinion entitled to his freedom said Bird states that previous to the time Carey was taken to New Orleans Carey had stated to said Bird the names of his & their residence of which Said Bird had made a memorandum which was lost or mislaid Said Carey returned from New Orleans about the first of July - after his return he called on Said Bird that there was not sufficient time to take his the - Said Bird says that of the Statements which Carey has made to him & which he beleives are true . Said Carey has material for him residing near Louisiana aforesaid & galena aforesaid whose depositions can be procured by the term of this court states that on or about the 8th of June last hired him the plaintiff to work on board the Sl boat St Louis for a trip from St Louis to New Orleans & from there back to St Louis - that said Boat started for New Orleans with said Carey on board & returned from there to St Louis with the said Carey on board about from the to the 4th July last and the said Carey was then delivered to the said defendant . The Court decided that the facts stated furnished cause for a continuance & the plaintiffs motion whereupon the plaintiff to the opinion of the Court & prays that this of may part of the is done

William C. Carr