Nelson Kerr, a man of color v. Matthew Kerr This electronic document is published as part of the St Louis Circuit Court historical records project.

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 July 10, 1834 July Term 1834

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

 Nelson Kerr, a man of color v. Matthew Kerr July 10, 1834 July Term 1834 Kerr, Nelson Kerr, Matthew Trespass Assault Battery False Imprisonment 104 St. Louis Circuit Court Lawless, Luke E. Gamble, Archibald Walker, John K. Walsh, Patrick Bird, Gustavus A. Gamble, Hamilton R. KT removed comment tags, added caseTitle, and moved legalFunction tags CG proofread and fixed vendor tags through the end of the document TPT added legal info CM performed final review of legal encoding Petition to Sue in Forma Pauperis

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 in Forma Pauperis Lawless, Luke E. Kerr, Nelson Kerr, Matthew Gamble, Archibald St. Louis Circuit Court

Nelson Kerr his Petition to sue for freedom & the order of Luke E Lawless Judge to authorizing suit

No 104 St Louis Circuit Court July Term 1834 Nelson Kerr vs Matthew Kerr Petition to Sue in Forma Pauperis Order Granting Petition to Sue in Forma Pauperis

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 in Forma Pauperis Lawless, Luke E. Kerr, Nelson Kerr, Matthew Gamble, Archibald Walsh, Patrick St. Louis Circuit Court Order Granting Petition to Sue in Forma Pauperis Lawless, Luke E. Kerr, Nelson Kerr, Matthew Gamble, Archibald St. Louis Circuit Court To the Honorable Luke E Lawlesss Judge of the Third Judicial Circuit of the state of Missouri

Your Petitioner Nelson Kerr a free man of color represents to your Honor that he is justly entitled to his freedom but that he is now held & detained in Slavery by Matthew Kerr in the County of St. Louis and State of Missouri and is claimed by said Matthew as his slave. Your petitioner states that during the months of September, October, November, & December in the year 1833 & in January & February 1834 while your petitioner was claimed by said Matthew as his slave your petitioner was hired to labor to Labor the State of Illinois by said Matthew with one Mr Adams & that said Matthew has settled with from said Mr. Adams the pay for the of your petition rendered in the State of Illinois as aforsaid your petitioner there fore prays that he may be permitted to sue as a poor person to Establish his freedom , that counsel may be assigned to him & such further & other order may be made in the premises as his & the Law warrants

Nelson his mark X Mark

Nelson the above named petitioner on his oath says that the facts in the above petition Stated are true & that he is able to prove them

Sworn to and subscribed before me this 23rd day of June A D 1834 Patrick Walsh Justice of the peace St. Louis County Nelson hisx mark Kerr

I Luke Lawless Judge of the Third Judicial Court of the State of Missouri do here by order that the within named petitioner Nelson Kerr be permitted to sue as a poor person to establish his freedom and I do hereby assign Gustavus A Bird as his counsel to commence & prosecute his suit for freedom and I do further order that said petition have reasonable liberty of attending his counsel & the St Louis Circuit Court when occasion may require and that said petitioner Shall not be taken or removed and out of the jurisdiction nor be subjected to any severity of treatment because of his application for freedom

St louis July 3rd 1834 Complaint of Plaintiff Nelson Kerr Summons of Defendant Matthew Kerr Order Granting Petition to Sue in Forma Pauperis Certificate of Service

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 of Plaintiff Nelson Kerr Lawless, Luke E. Kerr, Nelson Kerr, Matthew Bird, G.A. Gamble, Archibald St. Louis Circuit Court Summons of Defendant Matthew Kerr Lawless, Luke E. Kerr, Nelson Kerr, Matthew Gamble, Archibald St. Louis Circuit Court Order Granting Petition to Sue in Forma Pauperis Lawless, Luke E. Kerr, Nelson Kerr, Matthew Gamble, Archibald St. Louis Circuit Court Certificate of Service Kerr, Nelson Kerr, Matthew Walker, John K. St. Louis Circuit Court State of Missouri Circuit Court Third Judicial Circuit July Term A D 1834

St Louis County SS Nelson Kerr a man of color by Bird his attorney complains of Matthew Kerr of a plea of tresspass assault & battery & false imprisonment for that here tofore, towit on the first day of September in the year of our Lord eighteen hundred & thirty three at St Louis aforsaid the said defendant with force & arms an assault did make upon him said plaintiff & him the said plaintiff did then & there hurt bruise wound & ill treat and the said defendant did then & there unlawfully im prison the said plaintiff & hath kept & detained him in prison there from then untill the commencement of this suit & other wrongs to the said plaintiff then & there did against the peace & dignity of the state and the plaintiff that before & at the time of the committing said the said plaintiff was and is now a free person and the defendent held & detained & still holds & detains plaintiff in slavery wherefore plaintiff says his is greatly injured & hath sustained damages to five hundred dollars therefore he sues to

GA Bird atty for Plff County of Saint Louis ss the state of Missouri To the Sheriff of the County of Saint Louis Greeting

We Command you to Summon Matthew Kerr that he be and appear before the Judge of our Circuit Court at the next term thereof to be held at hte City of Louis within and for the County of Saint Louis on the fourth monday of July then and there to answer unto Nelson Kerr a man of color of a plea of assault and battery and false imprisonment wherefore plaintiff ways he is greatly injured and hath sustained damages to five hundred dollars and have you then there tjos writ

Witness Archibald Gamble clerk of our said Circuit Court at office this tenth day of July one thousand eight hundred and thirty four Archibald Gamble clerk

I Luke E Lawless Judge of the third Judicial Circuit of the state of Missouri do hereby order that the written named petitioner Nelson Kerr be permitted to sue as a poor person to establish his freedom and I do hereby assign Gustavus A Bird as his coundel to commence & prosecute his suit for freedom and I do further order that said petitioner have reasonable liberty of attending his counsel & the St Louis Circuit Court when occassion may require and that said petitioner shall not be taken or removed out of the jurisdiction of the court not be subject to any severity of treatment because of his application for Freedom

LE Lawless St. Louis July 3rd 1834 The above is a true copy of the order made by the Judge permitting the plaintiff to sue Archibald Gamble clerk

Served this unit on Matthew Kerr by reading it & the to him or the 11th day of July 1834 in the city of S. Louis I also read to him at the same time the above copy of the order of the judge permitting him to

Fee $ 5.00 Jno K Walker Reply of Defendant Matthew Kerr Complaint of Plaintiff Nelson Kerr

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.

 Reply of Defendant Matthew Kerr Kerr, Nelson Kerr, Matthew Gamble, Hamilton R. Gamble, Archibald St. Louis Circuit Court Complaint of Plaintiff Nelson Kerr Lawless, Luke E. Kerr, Nelson Kerr, Matthew Bird, G.A. Gamble, Archibald St. Louis Circuit Court Neler Kerr vs Matthew Kerr

And the said defendant by Gamble his attorney and defend the force and injury when and says he is not guilty of the paper above laid to his charge in manner and form as the said plaintiff hath above thereof complained against him and of this he puts him self upon the county &

Filed Augst 1834 A Gamble Clk HR Gamble atto for deft

discontinued book 7 page 275 Pltf

 No 104 Saint Louis Circuit Court July Term 1834 Nelson Kerr vs Matthew Kerr

This is a suit for freedom in form tresspass assault & battery & false imprisonment damages $ 500 plaintiff has to sue as a poor person counsel has been assigned to as the petition & order here within filed . The clerk and please issue a summons to

GA Bird atty for Pltf Filed10th July 1834 Archibald Gamble clerk