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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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.
Your petitioner,
that he is a free man of color, and that he is now claimed and held as a slave by Mr.
states the following to be the grounds upon which his claim to freedom is founded;
That he was born of free colored parents, in the free city of
free state of
from his birth to the present time: never having owed service or belonged to any
person whatever. Your petitioner further states, that, by reason of his said free birth,
he feels that he is entitled to his freedom; and therfore prays your Honor to
permit him to sue for the freedom of himself, as a poor person wholly and
totally unable to pay costs; and to allow him free access to his counsel and the
Court, and to prevent him from being taken out of the jurisdiction of your
Honor's Court/
the foregoing petitin are true; that he is a poor person, restrained of his liberty,
and that he is wholly and totally unable to pay costs.
In testimory whereof I have hereunto set my
hand and affixed my official seal this
of October A
D 1852
Petition to be allowed to sue as
a poor person.
Attornies for Petitioner.
In consideration of the fact, that said
petitioner,
costs, it is hereby ordered by the undersigned
, sole judge of the
cuit Court, that the said petitioner,
sue for the freedom of himself, as a poor
person; and that he have reasonable liberty
to attend his counsel and the Court as
occasion may require; and that he be
not removed out of the jurisdiction of the
Court, and that he be not subjected to
any severity on account of his application or
suit for freedom.
Given under my hand at
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
of color, and, as such, is entitled in Law and Equity, to his freedom, for the
reason that, he was borm of free colored parents, in the City of
in the free state of
born in the month of
the time of his birth, free colored citizens, of the free state of
and the plaintiff further says, that, by reason of his free birth as aforesaid,
he is entitled to his freedom; and yet, notwithstanding this, the plaintiff
states that the said defendant,
last seized the plaintiff, in custody, as the lawful slave and servant of
him, the said
at the time of seizing the said plaintiff by said defendant, he was, and
still is, to all intents and purposes, a free man; and that the defendant
plaintiff, as his lawful slave: the plaintiff therefore prays the Court to grant
hims judgement of liberation, and to declare him to be a free man.
things stated and contained in the foregoing petition are true.
In the testimony whereof I have hereunto set my hand
and affixed my official seal this
A
D 1852.
Petition for Freedom
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to summon
to appear
before the Judge of our
term thereof, to be held in the
next, then and there to anwer the complaint of
as set forth in the annexed petition
and have you then there this writ.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at
185
Executed this writ in St Louis County
by delivering a certified copy of the within writ and petition
as furnished by the Clerk to the within named
by reading the order of the court to him.
Fee $ 2.
vs Summons
by the undersigned Judge of the
cuit Court, that the said Petitioner
a man of Color be allowed to sue for the free
dom of himself, as a poor person, and that he
have reasonable liberty to attend his Counsel
and the Court as occasion may require; and
that he be not removed out of the Jurisdiction
of the Court, and that he be not subjected to
any severity on account of his application
for freedom, Given under my hand at chambers
this this
The clerk will please dismiss this suit
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To Ruben Bertlett the above named defendant
you are hereby notified that deposition of
witnesses to be read in evidence in the above cause on the
part of Plaintiff will be taken at the office
of the Jailer of
of
of November in the year 1852
hours of eight oclock in the forenoon and
six oclock in the afternoon and that the
taking of said depositions if not completed
on that day will be continued from day to day
at the same place and between the same hours
till completed - This
Served this notice in the
on the
a true copy of the same to the within named
fee 50 cts.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions of Witnesses produced sworn at the
Jail office in the county of
for the County and
and qualified in a certain Cause now pending in
the
in the
plaintiff and
defendant on the part of the Plaintiff.
Willian Conley of
sworn & examined on the part of the plaintiff
Interogater - Where is your place of residence
Answer Bridgeport Fayette County
Pennsylvania
Question Do you know
the plaintiff to this suit
Answer Yes. I know the plaintiff
in this suit
Question How long have you known the
plaintiff
Answer I cannot say as to the length
of time but at least seven years
Question Do you know the age of the plaintiff
Answer I do not
Quesiton When and where was the first time
and place you saw the plaintiff
Answer at
Pennsylvania I cant say when
I first saw him
What do you mean by saying
that you cant tell the time when
you
Objected to by Defendant in person
Answer I mean I do not recollect
I first saw the plaintiff.
Question About what time ago you first
saw the plaintiff
Answer I cant tell
Question About what age was the defandant
when you first saw him according
to his appearance
Answer To the best of my knowledge
he was about 18 or 20 years of age
Question, Do you know the parents of the plaintiff
Answer Not that I recollect of.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Question Where is the plaintiffs place of
nativity.
Answer I do not know
Question about what time was the
plaintiff first in your employ
Answer I do not know, he
boats with me for the last eight years
at different times
Question In what capacity
on your Boat
Answer As Fireman I think he
might have been in other capacity
Question To whom did you pay the wages
Answer The clerk
Question To whom did the clerk pay
Answer I do not know
Question What rivers did the Boat navigate
while
Answer I do not know what it might have
been the Cumberland
they were on the western waters
Question While the plaintiff was
your employ did you regard
him Bond or free
Answer Free never knew him has anything
else but a free man
Objection to the Question & Answer
by the Defendant
Cross Examination
When I first knew
to my recollection he was near about the
size he is now I never knew him to be
whipt. I never knew him to be any other
than a free man & by general reputation
he passed as a free man in a free state
I have known him to be in a slave
state have known him to be in
saw him in
witness in any suit wherein the plaintiff
was concerned before. I never testified
before the Grand jury in this city in this
Case or in no other case.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Question Do you know the plaintiff to
this suit
Answer I do
Question How long have you known him
Answer between twelve and fourteen years
Question Where was the plaintiff when you
first saw him
Answer
Question What was the plaintiff doing in
Answer He was working in a brick
yard with me in the Employ
with one
Question To whom was the wages paid for
his labor
Answer It was usually paid to his family
in trade or provision and so
forth I have frequently given him
orders myself
Question When you say family do you
mean
family
Objected to
Answer I mean the family he resided with
It was a colored family
Do you know any of the members
of that family besides
Answer I do two brothers and
mother
Question Was
Answer She was free at the time I
speak
state
Question How old was
first knew him
Answer I would judge him to be about
fourteen not over that
Question Is the negro
of whom you speak now in your
presence
Answer Yes Sir that him pointing
to the plaintiff
Question What was
Answer I do not know
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Question Where does
live
Answer I do not know
Question Are they bond or free
I
I do not know but I believe he
older than one of them and older than
the other I take
I know of him to be from 24 to
26 years of age
Question Do you know
Answer I do not
Question Do you know if
born in a free or slave state
Answer I do not
Question Did anyone ever claim
as his slave during the whole period
you knew him
Answer Never to my knowledge
Question Is he slave or a free man
Answer I always known him as a free
man
Cross Examination
If you have not
years how do you know
Answer Because she generally looked
after him as a mother do her children
and he called her his mother
I do not recollect of her calling him
her son I have know
about 12 or 14 years I know she
was a free woman living in a free
state and no one claimed her
to my knowledge Deponent says
his age is about 26 years
resided in
bush up I
I seen
on running from
It was on
the steam boat Colorado.
He was fireman. I have been a
witness before when
here in
the Grand Jury in the
1832
river for the last Eight years upto
two year previous I have
and had not seem him until I found
him in Jail in St Louis County
I have never known him to whipped
as to have scars on him if
a mechanic. I do not know
I have never known him to be a
race rider The colored persons before
mentioned
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
each other brothers George
& Isaac I dont know
were brothers I never knew their father
Question Do you believe the institution of slavery
right or wrong
Answer I wont answer that question
Reexamination I have been mate on a boat
that
I do not know whom his wages
was paid to
I
the witness refused to answer all
or part of the questions
I hereby certify that the witness above
answered to every questions put to
them by the attorneys for Plaintiffs
and then on cross examination but one as
marked above
Andy B Miller of lawful age produced
sworn & examined on the part of the
plaintiff I resided at
the state of
leave the state in a few days on the
steam boat Honduras. I have seen
the plaintiff to this suit
I was in
state of
about Eight years ago the plaintiff
of age> I dont know what he was
doing about that time
was living then at that time I do
not know how long he lived in
I know his brother
his brother
him to be a free man
his brother is older than
Isacc his brother lives in this City
I do not know
When I knew him in
he was reputed to be free man
of color.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I Solomon J Levi a Notary
Public in afore said County do hereby certify that
William Conley,
the deponents whose place of residence is in
in the State of
the whole truth of their knowledge touching the matter
in Controversy in the Cause aforesaid, that Deponent
was examined and their examination reduced to
writing and subscribed by said deponents in my presence
on the
of Eight o clock in the forenoon & six o clock in the
afternoon at the Jail office in the
Filed
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Defendant de
murs to the
petition of the
Plaintiff because it does not state
facts sufficient to constitute a cause
of action in this to wit
That said Petition alleges that “the
Defendant on the
tember
has ever since and does now claim
and hold the said Plaintiff in cus
tody as the lawful slave and ser
vant of him the said
lett” without alleging in said Petition any place
County or State where said seizure
claiming and holding of Plaintiff
by Defendant took place.
Defendant prays to be dismissed
with his costs and charges.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Demurrer
for Deft to
Petition
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Defendant answers that he denies the
allegation of Plaintiff that he is a free
man of color.
Defendant on the contrary
avers that Plaintiff is a slave and the
legal property of Defendant by purchase.
Defendant further saith he doth not
know where Plaintiff was born nor the
day of his birth nor who were the parents
of the Plaintiff nor has defendant any
knowledge of the place of Plaintiffs birth
or the time thereof or of his parents to
form a belief as the truth of the allegations
of Plaintiff in the above respects in said
Petition. Defendant further saith that
he admits it is believed that he Defendant
took Plaintiff about the time alleged
in Petition as his Defendants slave and
has claimed him as such ever since
and now claims him as a slave by virtue
of a purchase from one A B. McAfee
who accounted a Bill of sale of said
Defendant has lost said Bill of
sale and has no copy thereof but
can prove the contents of the same.
Defendant prays to be hence dis
missed with his costs and charges.
Personally appeared the above defend
ant and made oath that the above
answer and the matters as therein stated
are true
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Answer of Deft
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Suit for the freedom of Plaintiff
Now at this day comes the Plaintiff in the above
entitled cause and moves the Court to take this
case from its Place upon its docket and set it
for Trial at an early day of the Term and in the
mean time to grant the usual order to Prevent the
Plaintiffs Being removed from the Jurisdiction of
of this Court.
Motion to set the case earlier
in term
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
To
defendant. Sir, you are hereby notified
that depositions of witnesses to be read in
evidence in the above cause on the part of
the Plff will be taken at the office of the
Garter of St. Louis County in St. Louis County
of December 1852
in the forenoon & 6 oclk in the afternoon and
that the taking of said depositions if not
completed on that day will be continued
from day to day at the same place &
between the same hours till completed.
Notice to take depositions
Served this notice in the
10th 1852
defendant, a true copy of this notice.
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.
Depositions of witnesses produced, sworn
and examined pursuant to the annexed
notice, at the office of the Jailor of St.
Louis County, in St. Louis County,
a Notary Public within and for said county
to be read in evidence in a certain cause
now pending in the
Louis County, in said state, wherein
plaintiff.
Job V. Kimber, of lawful age, being produ
ced, sworn and examined on behalf of
the plaintiff, deposeth and saith:-
"I reside in Pekin,
I have lived in
was my home until three weeks since.
Ques: Do you know
the plaintiff in this suit?
Ans: I do know him.
Ques: How long have you known him?
Ans: I can't just state the number of
years I have known him. He worked
for me as fireman on a steamboat
some six years ago. I knew him before that.
I am an engineer. Plaintiff has been
on boats with me since that time.
Ques: Where did you get acquainted
with plaintiff?
Ans: I think
Ques: Did he hire himself to you
as fireman?
Ans: He did.
Ques: Who paid him his wages?
Ans: The Clerk of the Boat
Ques: Were his wages paid to
himself?
Ans: Yes.
Ques: Do you recollect what boat
it was & where she ran to?
Ans: The boat that he was on six
years ago was the Colorado, which
ran between
Afterwards I knew him on the
which ran at that time from Cincinnati
to
Ques: Was plaintiff at that time
a free man or a slave?
Ans: My impression was that
he was a free man
he acted for himself. That is my only
reason for thinking so. He lived in
the town where I was born & raised
in a free State.
Ques: Was he known as a free man?
Ans: I dont know whether other
people thought he was a free man
or a slave. I thought he was a free man
Further
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R. Bartlett, Deft appears but
declines to cross examine the
witness
I,
and for the
do hereby certify that Job V. Kimber, the
deponent, who resided in Pekin,
by me sworn to testify the whole truth of his
knowledge touching the matters in controversy in the
cause aforesaid: that said deponent was examined
& his examination reduced to writing by me and
subscribed by said deponent in my presence, at the
office of the Jailer of St. Louis County, in St.
Louis County,
day of December 1852,
eight o'clock in the forenoon and six o'clock
in the afternoon: and his said deposition
together with the notice is herewith returned.
George W Kimber, of lawful age, being
produced, sworn and examined on behalf
of the plaintiff deposeth and saith:-
"I reside in
Ques: Do you know
plaintiff in this suit?
Ans: I do.
Ques: How long have you known him?
Ans: I dont know exactly. I knew him
some time, before he went on the
that time.
Job V. Kimber did. Plaintiff was hired
as fireman on the boat by my brother.
Ques: Where did you first know
plaintiff?
Ans: I first knew plaintiff in
tolerably small then - considerably smaller
than he is now.
Ques: Are you & plaintiff near of
one age?
Ans: I think we are.
Ques: Did you know him when you
and he were both boys?
Ans: I did, and we played together
many a time.
Ques: What is your present age?
Ans: I shall be twenty three years
old in March next.
Ques: Did you understand plaintiff
to be a freee man or a slave, when you
knew him in
Ans: I was always under the impression
that he was free of course.
Ques: How old were you when you
first knew & played
Ans: I could not have been over
twelve years old I reckon. We played
ball together.
Ques: Was plaintiff raised in
Ans: I think he was. I was always
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
under the impression that he was born
and raised in that town.
Ques: Did you intend to state in
addition to saying that you had known
him more than a year before he went
on the
yourself, that you had known him and
played with him in boyhood?
(Objected to by Defendant,
because Plff counsel
the question to reconcile discrepancies
in the testimony.)
Ans: I did intend to say so, and
was going on to state it but I was
interrupted.
Cross Examined by Defendant.
Ques: What is the difference between
the age of yourself & your brother as
near as I can tell?
Ans: I dont know, but I suppose
he is four or five years older than myself
at least.
Ques: How long is it since your brother
moved to Pekin
Ans: I dont know
Ques: Has it been six months
Ans: No, it is not two months
since he left home.
Ques: Where did your brother
live at the time you speak of knowing
plaintiff in
Ans: He lived in
Ques: Did your brother know plaintiff
with him in
(Objected to by Plff counsel as
irrelevant)
Ans: I dont know whether
he did or not.
Ques: Did your brother live in the
same family with you & play with
you at that time?
(Objected to by Plff as irrelevant.)
Ans: No, he did not play with me,
but he lived in the same family.
Ques: Was your brother raised in
(Objected to as irrelevant)
Ans: Yes, I think so. My mother
used to say he was.
Ques: How long or about how long
is it since plaintiff was employed on the
Ans: I reckon it has been five
or six years. I cant recollect exactly
Ques: Were
opportunities as good to have known
plaintiff as your own at the time
you speak of having played with him
in
(Objected to by Plff as irrelevant)
Ans: No sir I think not, because
when my brother was not at work, he
was reading, and I was a boy playing
around town.
I was second engineer on the
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Steamer
on her. Plaintiff was fireman.
Ques:
institution of slavery is right or wrong?
(Objected to as irrelevant)
Ans: I never studied the subject
enough to form an opinion. I dont
know anything about it.
Ques: What did plaintiff follow
in
Ans: I don't know.
I don't know how old plaintiff was
when he went on a boat as fireman
Further this deponent saith not.
I,
within and for the
in the
that George W. Kimber, the deponent, who
resides in
by me sworn to testify the whole truth of his
knowledge touching the matters in controversy
in the cause aforesaid: that said deponent
was examined, and his examination reduced
to writing by me and subscribed by said
deponent in my presence, at the office of the
Jailer of St. Louis County, in St. Louis County
December 1852
o'clock in the forenoon and six o'clock in
the afternoon: and his said deposition together
Depositions for
Plff.