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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.
The petition of
two years and seven months, by his next
and mother
to your
hundred & thrity eight, he was born a slave on
the Eastern shore of the state of
where he continued to reside,
the year Eighteen hundred and thrity nine
when he
owner and master of your petitioner & his mother
the said
the month of July Eighteen hundred and Thirty
nine
the
your petitioner with
mother
last
said town of
Petitioner to labor and
her labor. That in the month of August 1839
the wife of said
town of
February last the said
said town and
believes for the purpose of residing there
that in the same month of February
last past, one
your petitioner together with said
mother, on
at said town of
to the
where he
in the
the said
and illegally
& freedom.
that under this state of facts, that he
your honor to grant him leave to
a poor
to freedom, against the said
petitioner as a slave and your petitioner
duly sworn
the the forgoing petition are just and true.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
I
the forgoing petition contains sufficient
of a suit, do order as follows.
First. That the said
to sue as a poor person to establish his
Second- That the said
said
attend the said counsel and the Court,
as occasion may require, that he be
not
Court, and that he be not subject to any
for freedom.
that the
by affdavit.
Petition for freedom
by his next friend & mother
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
The petition of
age of twenty one years. respectfully represents,
That he is a coloured boy held in slavery by one
appear for him in Court in an action he is about
to bring
that
appointed his next friend for the purpose of
I hereby consent and agree to appear as
the next friend of the above named
On the foregoing petition
of
to act as next friend for said
hereby appoint the said
as next friend to act for the said
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
for the said
the age of twenty one years, as the next friend of the
said
Murry
the County aforesaid on the
the year of our Lord One thousand Eight hundred and
forty
and restrained him of his liberty, and held him in servitude
from the said
year aforesaid, until the
the year aforesaid, against the law of the land and against
the
said plaintiff within that time did against the
peace
said plaintiff before and at the time of the committing
of the said grievances, was, and still is a free person,
and that the said defendant, held and still hold him
in slavery. Wherefore the said plaintiff saith he is
more and hath damage to the amount of ten dollars
and therefore he brings suit do
friend
vs
Murry
Suit for Freedom
The
imprisonment in this cause.
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to
Murry
your county that they be and appear
before the judge of our
held at the
of
who sues by next friend
trespass
to the damage of said plaintiff
dollars: And have you then there this writ.
friend)
vs
Summons
Trespass: Dam.
Risque: M. & K. p.q.
Executed this writ in the county of
on the
to read it and the declaration to
McConnell one of
he refused to hear.
Service $1.00
$1.50
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And now Murry McConn
ell
his attorneys comes and defends the wrong and
injury when &c. therefore and for
is
not guilty of the said several supposed trespasses
mentioned and
in
and
of them or
he puts himself upon the county for
No 361.
vs
McConnell & Scott
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
To
for the plaintiff in the
take notice - that on the
1841 between the hours of eight o'clock in the forenoon
and six O'clock in the afternoon of that
day at the office of Royal Moon Esy a Justice of
the
signed to be read on the
case on behalf of the Defendants and that the taking
of said depositions if not completed an that
day will be continued from day to day at
the same place and between the same
untill
I hereby acknowledge that the within notice
further notice
King.
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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
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
wherein
as
defendant on the part of the
so reduced the said depositions so taken by you as aforesaid in writing, you are required
to send the same, together with this commission, enclosed under your seal, to our said
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Depositions taken at the office of Royal
hours of
noon of the
one in pursuance of a
commission issued from the clerks
office of the circuit court of the
county of
depositions are to be read in
now pending & undetermined in said
circuit court wherein
is plaintiff
of the defendant.
Royal
undersigned
in and for said county of
testify the whole truth in
Question by the defendant to said witness
know in relation to them
said child
The said witness in
Eighteen hundred thirty nine they came to the town
of
resided in said town/at a
Rip B Hughes the most of the time
23d of February Eighteen hundred forty, said
further
date
said county of
sioned & qualified as such & that certain proceedings
aforesaid in said county of
as they now appear upon my
my office are in full
Proceedings had before Royal
of the peace in & for the county of
wherein the people of the
of charles
Joseph Cephas persosn of colour who were claimed as
Affidavit of Complaints
Personally came
of a negro woman a slave called
negro boy called Joe also a slave that & that on or about that
now informed
slaves in the
lawful
that the said justice of the peace
said complaints, thus by him here
certificate and take such other proceedings in the
premises as the law will justify.
Upon the making & filing of which affidavits of complaints
there is used the following writ
To any
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
before me the undersigned an acting justice of the
peace
on the
owner of a Negro woman a slave called
Negro child a boy called Joe also a slave and that on or
about that
& that he is now informed & believes that said slaves are
fugitive slaved in the state of
& brought before me as such fugitive slaves & that the
question
fugitive slaves & that they be there dealt with as the law
requires & provides in such cases. These are therefore
to command you in the name
people of the state of
& bring them forthwith before me at
said complaint
Which will was afterwards to wit
delivered undo the hands of
constable in & for said county to be executed & he the
said constable received the same and afterwards brought
said
aforesaid together with said writ upon which there
was then by him made & now appears upon said writ
in my office the following return to wit served
by bringing the Defendents before Royal
acting justice of the peace
And afterwards to wit the same day a trial was had
upon the said complaint & witnesses were examined in
the presence of the said
also in the presence of the said complainant
and upon the hearing of said cause the following order
appears in full force upon my docket
figures following to wit.
This day came
made oath that the defendants in this cause were fugitive
slaves from the state of
slaves when they left the state of
property & slaves of said Collines and he then prayed
that the said slaves might be arrested & dealt with as
provided by law. Whereupon a
issued and was put unto the hands of Will Hackett
a constable who brought said slaves before me
having heard the testimony adduced was of opinion
that said defendants were slaves as alledged by the said
that effect & the said certificate & the said slaves were
then delivered over to the possession of the said
acting justice of the peace of
And the said Royal
the said certificate by him granted to the said Chas
Collins as
and order a copy of which now appears as a part of the
files & record of said case in the office of the said
justices of the peace is in the
following &
Whereas on this day
caused a Negro woman called
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an acting justice of the peace in and for said County
changing that they were fugitive slaves from the state
of
& I having heard the proofs & allegations in the premises
& it being proven the said persons were
alledged by the said
facts
other person claiming said slaves through or under
him to take into personal custody said slaves
each & both of them & to remove them or either or both
of them back to the state of
place or country where by law the owners may have
power to take, possess & own slaves
In testimony whereof I hereunto set my hand
& seal as justice of the peace aforesaid as the county
& state aforesaid this
of our Lord One thousand eight hundred and
forty
The said witness further answering says that said
after said trial in the possession of said
claimed by him as his slaves for the
& that he has not seen said persons
the said
I
hereby certify that the foregoing deposition was reduced
to writing by me in the presence of said
on the caption of said deposition set forth & that said
witness then & there in my presence subscribed the
same and before
swore to the truth of said answers to said interrogatories
In testimony whereof I have hereunto set
my hand and seal as justice of the
place &
One thousand eight hundred & forty one.
I
County Commissioner Court of said County do here
by certify that
pears to the certificate appended to the foregoing
Deposition, now is, and was on the seventeenth
one
ular acting Justice of the Peace in and for the
and credit should every where be given to his
official acts as such, as he is duly commissioned
and qualified according to the Laws of the
state of
office,
Given under my hand and the seal
of said County Commissioners Court
at my Office in Winchester this
(20)
Hundred and forth One
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Deposition taken at the office of Royal
hours of Eight oClock in the morning
of the
forty one in pursuance of a comission issued from the
office of the Circuit Court of the
state of
& which deposition are to be read in
of a cause now pending & undetermined in said
friend
-dant on the part of the defendant.
Mark. W. Delahay of lawful age being produced & being by me
the undesigned Royal
and for said
& nothing but the truth
"Question by the defenant to said witness
was you
know in relation to them
The said witness in answer to said interrogatory deposeth and
saith That he was acquainted with said
and her said child Joe or
in the year Eighteen hundred and Thirty Eight in the state of
one Ann
-and and further states that said negress
for life and also her child Joe- "That the said
the property of the said Ann
of one Francis Turpin, who died intestate, seized of a large
number of slaves "and who was the father of the said Ann
of
said Ann
slaves as her portion or distributave share of the said
personal property and that on or about the
of July One Thousand Eight hundred and thirty Eight
said
of said witness by his intermarriage with the said Ann
saith, on or about the 1st of June Eighteen hundred and
thirty nine he left the state of
Ann Jane Delahay his wife-formally Aann
bringing with them the said
Joe to the city of
On or about the
said witness
said child Joe to one
at whose house said slaves had been remaining for some-
time and
and where she had been
said
from her
six or
year, said witness left with his wife for the Town of
sun by said witness and her said child Joe an
of the same steam Boat upon which said witness
and his wife had
river- "and that she the said
said child Joe - "and that she was
witness- "and that she came away without the
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or knowledge of her said former master,"said witness further
states that at the time he sold said slaves to said
agree to warrant the title unto the said Callins, under
all and every
were slaves for life and that the he would
and defend the same against all lawful
he frequently insisted on her
City. but that she alway refused an
shortly after said witness arrived at
family he received a letter from the said
abusing said witness in a
said witness of taking said
or
to
slaves to be brought back to
"and further the
interrigated
I Royal
peace within and for said do hereby certify
that the foregoing deposition was reduced to writing by me
in the
time & place on the day & within the hours in the caption of
said deposition setforth & that said witness then & there in
my presence
the peace as aforesaid sworn to the truth of said answers to said
interrogatories contained in said deposition
In Testimony whereof I have hereunto set my hand and
seal as Justice of the at said peace of & in said county
this
and forty one
of the County Commissioners Court of said
who has appended his official
the foregoing Deposition of Mark W
said certificate, viz, or
appears therein, a regular acting
according to the Laws of
ery where be given to his official
acts as
Jos:
vs Dep for
Murray Mc
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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 offi-
cial 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 address-
ed,) 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
endorsed thereon, with all convenient speed.
his next friend
vs
Dedimus to
to take Depositions on
13 July 1841 at the
House of L B
Postage 93 3/4 cts
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To the defendants above named
You are hereby notified
that depositions of Witnesses to be read in evidence
in the above Cause on the part of the plaintiff
will be taken at the
day of July
O'Clock in the forenoon and six O'Clock in
the afternoon of said day. 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.
I hereby acknowledge service of the above notice and
waive the service thereof on the said defendants.
And I agree that the depositions taken in pursuance
of the above Notice shall also be read
in Evidence on the trial of the case between
1840 in the
Saving exceptions to the regularity in taking said
depositions
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Deposition of Ross B. Hughes of the
in the Territory of
A.D. 1841.
P.M. of said day at the Office of
suant to the enclosed notice to be
a cause pending in the
the
next friend
and Murry
Ross B Hughes doth depose and say that on the
day of July AD 1839
House kept at that time by the deponent and
W R J Duryee. The said Delahay had in company
his Lady and Negro servant
Josia,
Judge about thirty two years old and her son
Josias about fourteen months old, The said Del-
ahay asked deponent what he would give per
week per the service of
that he would give him whatever she was worth
Delahay then said she was worth $2
deponent told him that she was not worth that much
to deponent & he would not give it but that he would
give, as he had before stated what she was worth;
upon those consideration
deponent, at that time he considered himself bound to
Delahay for the wages of
in furnishing her clothes, she remained in the employ of
the deponent four weeks, (Delahay there went to housekeeping and kept house about three weeks, at which time his lady died
and Delahay, Dina & her son returned to deponents house
where they stayed about three months,
working for deponent according to Delahay's
while Delahay,
Collins
each time he inquired if Deana & her son were still living
with the deponent, He (
spoke to her. The last time,
thinks he stayed three days and on the evening of the
third day & on the evening of the third day he (collins) left
for
left the Constable of Naples called on deponent and said
he had a writ for
of the writ, Constable said that Murry
at the Squire's office and Claimed the negro
deponent went to the office & heard the trial and
was there proven Collins' Slave, Murry
being attorney for
for
with him, Deponent saw said
name on the books of the Boat ``Murry
& Servant'' deponent stated before that he thought
whether he went before the trial or afterwards with
hay any wages for
her as his property with the exceptions of the clothes
he furnished her while living with him, amounting
to ten or Fifteen dollars and further the deponent
saith not
I L. B. Fleak Justice of the Peace do hereby cer-
tify that Ross B Hughes whose name is subscribed to
the above deposition was by me sworn to testify the
truth, the whole truth & nothing but the truth as a witness
in the above named cause and that the foregoing depo-
sition by him subscribed was reduced to writing by me
and
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and taken at the time & place specified in the enclosed notice
at my office in
that
aforesaid Given under my hand and seal this
I,
and for said County do hereby certify that
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I,
for the
Court of Record, do hereby certify that
Esquire, whose name is subscribed to the foregoing annexed Certificate of Acknowledgment
was at the time of his signing the same, and now is, a Justice of the Peace within and for
the county aforesaid, duly commissioned and qualified, and acting in that capacity, and that
full faith and credit are due to all his acts as such.
In testimony whereof, I hereto set my hand and affix the
in the County and Territory aforesaid, this
day of
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
his next friend
Murry
Fee Bill