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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.
Color
vs
petition.
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
states - that
& Twenty Two as near as your petitioner can recall it
he
your petitioner with his brother Ben & Several
other Slaves to be sent from the
into the
& that said
your petitioner & said other slaves to be hired
to labor in the
last aforesaid for at least
place called Troy - Said
took your Petitioner from the State of
of
soon there after
your petitioner to
holds your petitioner & claims him as his
Slave - Said
but your petitioner has for some time past
been hired to
has now arrived in
arrival here been endeavoring to sell your
petitioner as his Slave Your petitioner is
informed & believes that Said
Sent your petitioner to
his getting his freedom & that he
intends to send your petitioner out of this
State for the same purpose. Your petitioner
Says he is entitled to his freedom for the
reasons aforesaid & that
which were sent to
Your petitioner prays that he may be permitted
to
counsel may be
further
his personal Security & the law requires
Louis the above named petitioner on
his oath says the facts in the
stated are true
of Color praying that he may be permitted to institute a suit against
Newton and
permitted to sue as a poor person - thereupon the Court permit the said
as aforesaid and direct that an action of Assault and battery and false im-
prisonment be commenced against the said
in the name of Said
And it is ordered by the Court that the said
permit the said
and the court when occasion may require it - and that the said
plaintiff shall not be taken or removed out of the Jurisdiction of this court and
that he shall not be subject to any severity of treatment on account of his said
application for freedom
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.
St Louis County
Battery & false imprisonment for that heretofore
of our Lord Eighteen hundred & thirty four
the said
there beat
lawful or probable cause
have kept & detained him so in
from the day last aforesaid to this day-
and Said plaintiff says that at & before the
time of committing the said Several
he
defendants have held & detained & still hold
& detain said plaintiff in slavery
the plaintiff says he is
sustained Damages to five hundred Dollars &
therefore he
We command you to summon
that they be and appear before the Judge of our
thereof to be held at the
Louis a man of Color of a plea of Trespass Assault & Battery & false imprison-
ment to the damage of the said plaintiff of five Hundred Dollars
and have you then there this writ
Executed this writ by reading it & the declaration
Affidavit and order of the Honorable Judge to
on the 20th day of March 1835 in the
vs
under the statute
by order of
The Clerk
issue the
Required
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.
And the said
his attorney comes & defends the force & injury
when he & says that he is not guilty of the supposed
wrongs & grievances above laid to his charge in
manner & form of at the said plaintiff had
above in complaining alleged against him
and of this he puts himself upon the Country
&c
And for a further plea in this behalf the said
having & maintaining his action aforesaid
against the said
that the said
mencement of his action aforesaid was &
still is a slave, without this that the said
and of this he puts himself upon the Country
&c
Judgment of liberation - book 8 - page 144
Clerk Gamble's fees $ 3.01
fee book - 220
No
ads
Pleas
1. Not Guilty
2. In bar, that deft was a
Slave.
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.
We, reposing special trust and confidence in your integrity and circumspection, do authorize and require you that
you cause to come before you such person or persons as shall be named to you by
or by
Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be by you administered,)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in our
plaintiff and
are
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to-
gether with this commission, enclosed under your seal, to our said
The nature in this case is in the same form as the
thus served on the defendant on the tenth of
October 1835 The taking of the depositions to commence
at
of October 1835 between the hours of Nine October
A M. & 6
day to day between the same hours of
untill completed
In
Louis case
as soon as may be unless a safe
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.
Louis (a man of Colour)
vs
Clerk of the
Defendant
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 taken before the undersigned a Justice of the
within & for
in State & County on the days hereafter Specified at the end of each Deposi-
tion between the
noon of
a Cause pending in the
wherein
ant - on the part of the Defendant-
I
being produced Sworn and Examined on the part of the Defendant
1 Question by Defts.- Were you acquainted with Benjn Duncan
in this action.
Answer I was
State all the information you have on the subject of
his having sold all his Negroes Slaves to
and the circumstances attending it-
Answer-
the year 1821 or 22 and I believe was charged with having made
a Sale of his Negroes fraudulently to defraud his
before the
declared that he had made the sale of his negroes in good faith
for the purpose of paying off his debts and for the benefit of his
creditors and not to injure them - I was appointed Sheriff
of
him at or about the time of his death and he told me
to Pay his
and Prevent their being Scattered.
received for the
off Executions in your Hands. as
Answer. I know the said Money was so appropriated.
I H. A. Hobbs a Justice of the Peace within & for the County of Daviess
&
was by me Sworn to testify the whole of his Knowledge
Matters in Controversy between the Parties aforesaid that
amination was reduced to writing & by the deponent Subscribed on the day
between between the hours and at the placed as is above or herein
stated.
I John S. McFarland Clerk of the
H.A. Hobbs before whom the foregoing Deposition was taken
is and was at the time of taking the same a Justice of the
peace in & for the County aforesaid duly Commissioned
and Qualified and that his Acts as Such are entitled to
full faith and Audit
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The Deposition of Wm. Newton taken
at the House
Town of Troy Perry County &
1835
now depending & undetermined in the
of Colour is plaintiff &
&
part of the Defendants the deponent
being of Lawfull age & first duly &
Sworn deposeth
Question by Defendant
was you or well aquainted with Ben-
jamin Duncan of Davis County ky a
about 1821
Answer I was
Question did you ever hear him say
that he had given a Bill of sale to
negroes &.
what you heard him day on the sub-
ject
Answer
I did in the summer 1821 heare him
Publickly say that he had sold all of
his negroes to
that he had been charged with ma
-king a fraudulent sale for the
of defrauding his creditors which he
did not & said he had sold them
in good faith and that he done it
for the
pay his debts he also told me pri-
vately that he had sold them to said
Grayham
Debts & to keep them negroes from
Being scattered and that
agreed to let him have the Negroes &
Back if he would pay of certain debts
that sd.
he ever did pay them debts and if so
where did he
Answer, I do not know whether
he ever did say them but suppose
he did by his offer to sell same of the
Negroes to mee in the year 1823
Question by Defendant
Do you know when I purchased Lewis
&
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.
answer
I am not certain what time
it was in the year 1823 & 1824
I
of
heareby certified that the fore going
Deposition of
ken subscribed & sworn to at the place
& for the
this
The Clerk of the
Circuit court
vs
Depo
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.
vs
Newton & Cooper
Affidavit for
continuance
filed Nov 14 1835
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.
Gustaves
says that he is the attorney for said
when he brought this suit he believed from the
best information he could get that said
& a woman named
by
In consequince of there having been hired to labor
by there former master
the
by a Mr Bayee whom this affiant knows as a
worthy & truthful man that Newton stated to
him that
in consequence of their residence in
that he had brought them to
there
& believes that two of the
& Judy
Freedom. In Judys case which was for trial last
Term this affiant
at
wrote particularly whom to summon and examine
as witnesses & enclosed the Dedimus instructions to to
no notice was taken of this communication
by Mr
commissions & gave notice of taking
in
whom to have
of
the time
which this affiant understood was a
there
asked the
the commissioners
this place who was
who agreed to leave the
justice of the Peace Mr
informed barely state at
the
the hands of the Justice of the peace who
proceeded only to take the
witness for Plaintiff and one for Deft
did not as he informed me think
to ask all the questions for a freedom
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.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plaintiff
Served this writ by reading it to the within
Named persons on the
the county of
Louis (Man of Color)
vs
Sub: for Plff
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.
vs
affidavit for continuance
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.
Said Louis says on his oath
that he has a good & just cause for obtaining
his freedom in said suit he refers to the affidavit
of
cause to shew the
his evidence in said cause This affiant says
that Peggy Morton Living at the yellow Bank
in the
Witness for him & by her he can prove that
years ago was the Master & owner of this
affiant & claimed him as his slave that said
slaves from being
sent your petitioner & them into the state of
& there caused him to be hired out to Labor
for
who lives near Fray in
were known to Many persons but this affiant
does not now
by whom he can prove said facts except
said Peggy Morton aforesaid &
Yet
further
sufficient evidence to obtain his freedom
his suit he has been all the while in there under
the contract of the
by the sheriff that this affiant has not had
the
hoped that some friend would have furnished
him with money sufficient to procure his
depositions to be taken in
to do it for him but it has as yet
utterly beyond his power to do either or
scareely to procure himself comfortable —
clothing & he further says that
in the justice of his cause & the integrity of
your affiant that
that if this affiant can procure a continuance
of his cause they he will furnish the funds
said cause in
employ some suitable person to attend to
the taking of them and this affiant believes
he can procure the testimony of said
Peggy Morton Issac_
This affidavit is not made for us action
or delay but that Justice may be done
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.
Louis a man of color
vs
The above named defendant & his attorney of
Record Charles D
cause on the
the hours of nine O clock A M & 6 O clock P M.
at the plans here the mentioned
office of
> and
the Court
with be continued at
between the same hours of each day untill completed
on the part of the plaintiff
No 7
Louis
vsNewton
Notice of taking
Served this notice by delivering a true
copy thereof to Charles D Drake on the
my county
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.
You are hereby commanded to summon
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our
at the city of
and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
is
is
plff
Louis (a man of color)
vs
Plff
Served this writ on
the 7th day of July 1836 in the city of
my county