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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
A list of the taxable property of
in by himself for taxes in 1833. taken off the return Book
of the
160 acres land being of
160
160
4 Slaves - 2 Horses - 8
is certified by the said
"A"
&
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The petition of
Sam (a man of Color) to the Honorable
Your petitioner respectfully represents
to this honorable Court that he is now held
in Slavery by
county of
represents that about eight or ten years ago (your petitioner does not remember the
exact time) he was carried from the
then belonged and under whom the aforesaid
held in slavery for the space of about eight
or
of the act of
for the government of the territory of the
passed July 13. 1987. and of the Constitution
of the
was from of let
and was there by him held in slavery for
about two years and half and then your petitioner
him held in slavery again contrary to the
of the constitution of the
about ten months and then carried back
again into the
come into the
And your Petitioner represents
that by reason of the transactions above
represented your petitioner has become
and is now entitled to his freedom and
is a free man and your petitioner respectfully
prays this Honorable court to
grant him
person in order to establish his right
to freedom and to assign him counsel
for his assistance in that behalf.
And your petitioner will ever pray &
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
duly sworn on his oath says that he
removed out of the
proceedings which he intends to institute
in that court against the said
right to freedom
cause this affiant to be brought up
before the court and taken out of
the
to give security that he be not removed from the
of the count
as a poor person to establish his
right to freedom and
his
to attend his
way require ; that he be not
subjected to any severity on account of
to
the county of
you are hereby
the within named affiant &
and bring him before
Eighth
November AD 1843 at this
Sheriff office in the county of
at half past three o'clock P.M.
and
his person, or any body in whose
to
then there this
the hand of our said judge
at
In obedience to the above order I did on the
23 November 1843 seize the boy
the same named in the above order and had his
Body before the Judge of the
on the day & named in the above
of the aforesaid By to appear before the Judge aforesaid
at his chamber at the sheriff office an the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
otherwise called Sam (a man of colour)
complains of
& of a plea of
For that the defendant on the
day of January 1843
at the county of
and then and then beat
ill - treated him and then and there imprisoned
him and kept and detained
him in prison there for a long time to wit
for the space of six months there next
following contrary to the laws of the
state and against the will of the plaintiff.
And other wrongs to the said plaintiff
then and their did, against the
peace and
to the damage of the plaintiff of one thousand
dollars. And the plaintiff avers
that before and at the time of committing
the said
is a free person and that the defendant
held and still holds him in slavery,
wherefore the plaintiff brings his suit &
called
vs
Declaration in
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We command you to
if he be found in your County that he be me
appear
before the Judge of our
held at the
of
(a man of color of a plea of
dollars: 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
Plea filed BK 15
Summons
Executed this writ
1843
he refused to hear
at the same time the order of
fees $ 1.00
fees of service
of the order & the
Judge &
$ 3.00
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at half past 3 O Clock P.M.
By
fees $ 2.00
State of
ss
in
is ordered
advantage during his
Judge 8th
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Know all men by these presents that
we
Childs as
The
Six Hundred and Fifty Dollars, lawful money
of the
well and truly to be made, we bind ourselves
our heirs executors and administrators, jointly
and severally firmly by these presents, sealed
with our seals and dated this
of November in the year of our Lord one Thousand
eight Hundred and forty three.
The Condition of the above obligation, is such
that whereas, on the
A D 1843
court for the
(a man of color) against
Freedom and on the
1843
the Sheriff of
Sheriff has
at the price and sum of Twenty five cents per
month; Now therefore if the said
shall during the pendency of said suit permit
the said
attend his counsel and the court that the
said
of the Jurisdiction of the said
to any severity on account of his application
for freedom, and further conditioned that
the said
Sheriff and return the said
at the termination of said suit to the said
Sheriff. Then the foregoing obligation
shall be absolutely null and
otherwise it shall remain in full force
and
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The
for the Boy Sam, a coloured man,
shall be taken in the sum of six hundred
and fifty Dollars- &
the same may be filed in
the papers of the cause of
Sam vs
in the
at
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And the said defendant
defends the force and injury
to and any that he is not
of the said several
land to his charge nor any or
them in man nor and
said plaintiff hath arm thereof
of this he puts
the
No 6
Sam (of Color)
vs
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And the said defendant
by attorney
wrong and injury when & And
says he is not
mentioned or any or either of then in
him and of this he
upon the
plea
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Take notice that on the thirteenth day
of August 1844 between the hours of eight
O'clock in the forenoon and six O'clock in
the afternoon of that day at the court house
in Nashville
be read on the trial of the above entitled
case on behalf of plaintiff 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
until completed
Served the within notice in the
on the
the same to
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Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our
plaintiff, and -
and every such person, and at such time and place, as shall be named to you for that purpose
by the said
Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. when
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be produced
or proven, or be referred to by the witness, you are to describe the same in his examination,
or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more convenient,
such authentication and proof of your official character may be made by the certificate
and seal of the clerk of any court of record of any county of the State, District or Territory
in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, carefully
closed up and under your seal, directed to the Clerk of the
county of
with all convenient speed.
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vs
Deps. for Plff
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Depositions of witnesses produced. Sworn
and examined at
in the
and
of color
John
the plaintiff
David W Nelson of Lawful age being,
sworn and examined on the part of the Plaintiff
deposeth and saith-
A boy (
this County I think as well as my
in 1830 -
the summer and took him away the next year
- Sometime in 1836
away again - said boy (
treated as a slave whilst
out to
John and
I have seen said boy at both the Houses of John
and Charles
that he
Hundred Dollars if he (
said he had sold the boy-
him so long - when the boy was first brought here
by
The boy was of black color- the boy was
very short or heavy made nor very slender but rather
of common State- I have never seen said
boy since he was taken from here the last
Cross Examined
in this County (
boy was first brought
about 2 1/2
in this State-
came on a visit in 1830- brought said boy
with them-
after warm
The
to take the boy
think on account of the
I think the
I think the boy was with them all the
time they were here- I do not know whether
the
their first stay in
obtained no permanent residence on his first
stay but rather was here as a
the
part of October 1835- they left the succeeding
year in the spring or summer- they had the
same boy with them on their second visit that
they had on
not know whether the boy was ever taken to
took him there to hire out- I do not know
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is the same who has
freedom- I know nothing about this boy
since he left this State in 1836- I do not know
that
boy-
not to sell the boy, he was property given him
by his father,
said that he
for $ 900.
Examined again
I think
brother
his
resided in this County
last stay but not when on his first
I do not know of A.J.
to the negro boys staying there-
when he
Cross Examined again
this county for a time resided with his father in law
and I think purchased land during the
and
I resided from
the second time he came that
came
I
do hereby certify that David M Nelson the deponent
whose place of
and
to testify the whole
the matter in controversy in the cause aforesaid
writing and subscribed by him in my presence
on the
the hours of 8 o clock in the forenoon and
6 o clock in the afternoon at
Sworn
of
On the part of the plaintiff B.M. Cox
of Lawful age bring sworn and examined
deposeth and saith
came to this County in the fall of 1830 or 1831
I think in 1830, remained until the fall of
1832, then went off and
or three years when he moved back and
remained here in this County ever since
him whom he called Sam which boy came
with him on his first arrival and remained
with him generally during
first stay when
here the second time the boy Sam was with
him the boy remained here generally with
said the boy was his, the boy was in
particular business was
came here I think he farmed a
the boy was engaged on the farm and about it
I never
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She did not live in this County at the time
whether
I think
the boy was with
sure
the negro boy's stay with
father of
boy that I know of do not know for certain
that
was here though he and the boy
same neighborhood. I never heard of
mother set up
when the boy first came here I think he was
about,
he was the only black boy
with him whilst here to my knowledge
B.M. Cox Cross examiner
I think
summer or fall of 1830 I did not know
County.
but generally in this County as I believe, it is my
impression that the boy was with
at times in
stated generally with his brother
father in law and employed this boy about his
horses. I did not see
he left until he returned the second time
and the witness being asked this question, to wit
did you learn from
between his first and second coming to this State
to which the plaintiff by his counsel objected
replied
I do not know of
of land or attaining any permanent home
(here during his first stay). When
came the second time to this County he said
he came to stay I think
the boy back immediately after purchasing
the land, I think was in the year of 1836 or 1837
that
one and a half or two miles from
on his farm in the fall
the boy after he went on his farm. I
say how long after going to his farm
disposed of the boy
Examined in Chief
My impression that the boy was in
told me
Cross Examined
Witness does not know that the boy
now
one that was here with
has not seen him to know him since
disposed of him
B.M.Cox
I
of the peace of the
& state of
B.M.Cox the
of residence is
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testify the whole
in the
his
my
A D 1840
8 o'clock in the forenoon and 6 o'clock
in the afternoon of the Court
in
and
this
being sworn and examined on the part
of the plaintiff deposeth and
I do
I think it was about 12 or 14 years ago
I think he was here about one
he
or two years
has been living here
returned the second time. When he was
here the first time there was a negro
boy with him whom he called Sam
boy took care of
mother - I
first stay as I know of - was racing
Horses - I dont know that he
any
his first stay When
the second time,
as I
old I have seen the boy in
as I believe Cannot say
remained in his
seen the boy
to be the same who has
freedom.
I
in and for the
is in
was by me sworn to
his knowledge touching
in the
his deposition was reduced to writing and
subscribed by him in my
day of August AD 1844
of 8 o'clock in the forenoon and 6 o'clock
in the afternoon at the Court
in the
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Of
The above fees were paid by the plaintiffs
Attorney
I Thomas H
Clerk of the County Commissioners Court
for the
do certify that
acting Justice of the
and qualified and as such
full faith and credit are
all his official acts
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Take notice that on the
in the year of our Lord one thousand eight
hundred and forty five
eight in the forenoon and six in the afternoon
of that day at the office of
in the city of
will
read on the trial of the above entitled case on
behalf of the plaintiff and that the takings of
said depositions if not completed on that
day will be continued from day to day until
at the same place and between the same hours
until completed
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Depositions of witnesses produced, sworn and examined at
the offices of
of color) is plaintiff and
is defendant on the part of the Plaintiff
—
Whereas
sworn on behalf of the plaintiff depeseth and
saith that he is acquainted with the plaintiff in
this case he is the
by my
possession until he was twelve or fourteen years old
my brother a
and in the year 1833 in July or June, between the
year 1831 and 1833 the plaintiff was in the
of
hereto
records of the
defendant objected. He
and
my
took the plaintiff to
he kept the
one & two years,
brought plff back but my father brought
him
he was brought
carried to
time plff was carried to
1832. the plaintiff is the only negro that
plaintiff
I have heard
he had plaintiff in
A
to the above
A
Cross Examined, I
in this case at the request of the plaintiff and his
were
anything for
I am
I have taken only one
knowledge. I cannot tell how much
drunk this morning, I do not measure it
I cannot
not in the
to
in 1831 or 1832 to my best recollection, I do
not know of A
on the plff, if I were to answer in the
he
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I am
able to pay its debts, I have
anything from said Estate. My father died in
June or July in 1833. So says my
the
to nor
same boy that my brother
And further
I, Benjamin F.M. Kenney
a Justice of the peace within and
do certify that the deponent
this day at the
aforesaid, and by consent of the counsel of the parties,
this examination was reduced to writing by
attorney, in my
subscribed by said deponent in my
which was done on this
A.D. 1845
forenoon and five o'clock in the afternoon of said day.
And the said deposition, with exhibt(A)
to, is now
hand on the day and year aforesaid.
fee $ 75 cents
Deposition of
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
1845
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
Executed this writ in the
reading it to
O
vs.
fee $ 1.00
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
1845
testify, and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
vs.
for plff
Executed
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The plaintiff excepts to the depositions of the
defendant taken on the thirtieth of December 1844 for the following reasons.
depositions was given.
2nd The depositions were not taken in pursuance of the notice given
Sam (a man of Color)
vs
Exceptions to depositions
of defendant
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You are hereby commanded, that setting aside all manner of excuse and delay, you appear
before the Judge of our
1845
testify and the truth to say in a certain matter of controversy now pending in our said Court,
wherein
plaintiff and
defendant on the part of
and herein you are in no wise to fail.
vs
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given
1st. Before the jury can find for the plaintiff in this action
they
that the plaintiff was taken to the state
of
the Knowledge &
Given
2nd That
the person who took the plff to
there held him in service - did so with
the Knowledge & Consent of the owner of
the Plff, they will find for the Defendant -
vs
by the Court
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Given
To entitle the plff to freedom. The jury must
removed to the State of
Plff with him) with the view of making that State
the owner are not sufficient to constitute
him such a resident as
Freedom -
Given
Such a
be with the Knowledge & Consent of
legal owner. -
Refused
The acts & declarations
The fact that the Plaintiff lived with the
his freedom
to rebut the presumption of such a residence of
as will
vs
Instructions
by Deft. & given
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in
find the defendant not guilty of charges alleged against
him in the declaration.
vs
Verdict
Verdict
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In
The plaintiff by his attorneys comes and moves
the court to set aside the verdict and grant
a new trial in this case for the following.
Reasons.
1st The count improperly gave the instructions
asked by the defendant
2nd The Count improperly and
to give the instructions and each of them asked
for by the plaintiff.
3rd The count excluded proper evidence offered
by the plaintiff.
4th The count admitted improper evidence
offered by the defendant and objected to by
the plaintiff.
5th. The jury found their verdict contrary to the law & evidence
Sam (a man of Color
vs
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Opened & filed
Know Ye, that we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our
plaintiff, and
defendant, all
and every such person, and at such time and place, as shall be named to you for that purpose
by the said
Attorney or Agent. And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said parties;
and that you do take such his examination and reduce the same into writing. When
you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hour of the day, on which it was done, as also the
place of residence of the witness, if known to you. Should any paper or exhibit be produced
or proven, or be referred to by the witness, you are to describe the same in his examination,
or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination. The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more convenient,
such authentication and proof of your official character may be made by the certificate
and seal of the clerk of any court of record of any county of the State, District or Territory
in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such. And you will return the same and all exhibits produced to you, annexed hereto, carefully
cloesd up and under your seal, directed to the Clerk of the
county of
with all convenient speed.
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Take notice that on
the
at the office of
be taken to
on
taking
day will be
the same plea and between the seven
a true copy of the above notice
Sam of Color
vs
Houdeshed
notice to take
depositions
Blunesho filed
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Depositions of a
and examined at my office in the
and
now pending in the St Louis County
and
defendant.
and examined on the part of the defendant deposeth
and saith; My Father,
a negro boy named Sam, into the hands of
to him if he the aid
have to pay any
was security;
such debt to pay and I have often heard the administrator, who is my Mother,
such
I always supposed the negro boy to belong to the estate
of my Father, I lived with my Father at the time of
his death and
Sam, that he was
the negro Sam, since March 1835 he was then in
I do not know that he is the same negro that
has
know
of my father's estate
I,
certify that
of residence is
was by me sworn to testify the whole truth of his knowledge
and that his deposition was reduced to writing and
by him in my presence on the
of December 1844 between the hours of six o clock
in the forenoon and seven o clock in the afternoon of
the same day at my office in
and
I, Thomas H Callaway
clerk of the County Commissioners Court in and for said
County, do certify, that John
above is and was at the date of said certificate
an acting Justice of the Peace in and for said County
regularly commissioned and qualified and as such
all his official acts.
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Deposition of a witness produced, sworn
and examined at my office in the
and
cause now pending in the St Louis County
and
defendant
and examined on the part of the defendant, deposeth
and saith. My husband died in
year 1833, I am
to his death
to my husband that was put into the hands of
was put into his hands was
security; and if he had to pay any of the debts for
which he was bound as security then the said negro
boy was to become the property of him the said
pay then the negro boy was to
He never had to pay any debt or any part thereof
for my husband to my certain knowledge. Sometime
previous to the death of my husband
and
in the
with them, and afterwards my husband went and got
the negro boy and brought him home to Chariton
County
work; and he was not considered by my husband to
be the property of any body but my husbands unless
debts before mentioned all the debts, claims, and
the estate have been paid and there is no demand
against the estate to my knowledge. The negro never
was set apart by me as the property of
J.
than as above stated, and I never
his right to said negro. I do not know that he is the
same person who has
not know
I,
do hereby certify that
whose place of residence is
of her knowledge touching the matter in controversy
in the cause aforesaid; and that her deposition was
reduced to writing, and subscribed by her in my presence
on the
hours of six o clock in the forenoon, and seven o clock
in the afternoon of the same day, at my office in
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Depositions of witnesses, produced, sworn,
and examined at my office in the
and
undersigned,
in a certain cause now pending in the St Louis
County
Sam, of color, plaintiff, and
defendant, on the part of the defendant.
and examined on the part of the defendant deposeth
and saith: There was a negro boy belonging to the
estate of my father
Sam, about the age of
of age
the winter of 1835 that was at that time in the
that the said negro boy was before that time delivered
to
security to
be compelled to pay any debts of my father
for which he was security. I do not know whether
negro boy or not and that to my certain knowledge
pay for my father for which he was security.
The reason why I know it is, that my Mother was
administratrix of the estate of my Father, and that
I was duly appointed by her, by power of attorney
to settle up the said estate, that I did settle up the
estate and
pay for my Father and after the estate was settled
I got the said negro boy
from
of 1836, and took the said negro boy to
the intention of taking him down the River to sell
him- that
went with me to
said negro boy and that after we got to
not to sell said negro boy, and left
I never have seen said negro boy since that time, and
I do not know that the man of color
has
negro that I left with
know
I,
that
is
was by me sworn to testify the whole truth of
his knowledge touching the matter in controversy in the
aforesaid, and that his deposition was reduced to
writing, and subscribed by him in my presence
on the 30th December 1844 between the hours
of six oclock in the forenoon and seven oclock
in the afternoon of the same day at my office in
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Pleasant Rollings of Lawful age being sworn
and Examined on the part of the defendant deposeth
and saith that he does not know that A J
family in the state of
name of Sam I have
deceased say that the negro boy Sam did not belong
to A. J.
of
knowing to at that time I did not believe that the title
to the said negro boy
I
certify that Pleasant Rollings the deponent whose
place of residence is in
was by me sworn to testify the whole truth of his knowledge
touching the matter in controversy in the cause aforesaid
and that his deposition was reduced to writing
and subscribed by him in my presence on the
December 1844
fore noon and seven oclock in the afternoon of the
same day at my office in
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
says that this appeal is not made
or delay but because the affiant believes that
court.
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.
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.
In
The plaintiff by his
moves the court
in this case
vs
John
grant an appeal
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Be it remembered that on the trial of this
cause the plaintiff by his attorney offered in evidence
the following depositions (here insent all of plaintiffs
depositions) which were all admitted with the
exception of such parts of the same as
to statements made by
the defendant
depositions (here insent copy of defendants depositions
to the
of the witnesses which objection the count
overruled and admitted the said depositions
in evidence and the plaintiff then
exception to the said
It
the plaintiff requested the court to give the
following
asked by plaintiff) which the court
give and gave the following instead
plaintiff by his counsel excepted. The defendant
also by his counsel requested the court to
give the following instructions
which the court gave
there excepted to the said
After the verdict of the jury and within four
days after the
plaintiff
motions and
the
his exception. Afterwards
of the same
and affidavit for an appeal in the following
for appeal) which motion the court overruled
and the plaintiff took his exception. And afterwards
the plaintiff
this bill of exceptions which is done
vs
Bill of Exceptions
for plff
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Given
1. If the jury believe from the evidence
that the plaintiff was only
kept in
to a
thereof acquire a
Given
2. That if the jury believe from testimoney
that the plff was taken to
There detained without the knowlege or counsel
of the
by reason of being kept these acquire
a right to his freedom - the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Refused
It was not
to have taken up a permanent residence
in
in this case if he the plaintiff was actually held
in slavery in
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The city of
vs
In the
Motion for continuance
from the
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Refused
1st If the jury believe from the testimony that
to the state of
claims the plaintiff and holds him as a slave
by purchase under the said
then they must find for the plaintiff
Given
2nd If the jury believe that the plaintiff
was held in
Refused
3rd If the jury believe the defendant purchased
the plaintiff from
of
as against the defendant
Given
If the plaintiff was held in slavery in
the
verdict in this case
vs