Charles Endicott vs. Benjamin Class This electronic document is published as part of the St Louis Circuit Court historical records project.

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 July 1839 Term May 6, 1839

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

 Charles Endicott vs. Benjamin Class July 1839 Term May 6, 1839 Endicott, Charles Class, Benjamin Suit for freedom 116 St. Louis Circuit Court Ruland, John Brotherton, Marshall Bird, Gustavus A. Mellon, Chester Brown, Jas. S. Lawless, Luke E. Walsh, Joseph. Nelson, William S. Bird, Gustavus A. Risque, J.M. Bugy Hunton verdict for plaintiff ED performed final review of legal encoding CG proofread and fixed vendor tags through line 58 CG proofread and fixed vendor tags through the end of the document MB added legal information Complaint

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 Ruland, John Brotherton, Marshall Lawless, Luke E. Nelson, William S. St. Louis Circuit Court

plff & Judge of Liberation bk 12 p 62

No 116 St Louis Circuit Court July Term 1839 Charles Endicott by his next friend Gustavus A Bird vs Benjamin Clapp

Suit for freedom summons

Bird p.q. Filed 6th May 1839 Jno Ruland Clerk

Excuted this writ in the county of St Louis on the seventh day of May 1839 by offering to read it and the petition and declaration and also the order made by the honorable judge to Benjamin Clapp the defendant all of which he said defendant refused to hear

Marshall Brotherton Sheriff Service $ 1.00 County of St. Louis , Ss. The State Of Missouri , To the Sheriff of St. Louis County--Greeting:

We command you to summon Benjamin Clapp if he be found in your County that he be and appear before the judge of our Circuit Court , on the first day of the next term thereof, to be held at the City of St. Louis , within and for the County of St. Louis , on the third Monday, of July next, then and there to answer unto Charles Endicott who sues by his next friend Gustavus A Bird of a plea of trespass And have you then there this writ.

Witness, John Ruland , Clerk of our said Court, with the seal thereof hereto affixed at office, in the City of St. Louis , this sixth day of May in the year of our Lord eighteen hundred and thirty-nine. Jno Ruland Clerk. by

I acknowledge myself bound for all costs that may accure in the above cause. Witness my hand and seal, at St. Louis , this day of 18

</titleStmt> <publicationStmt> <p>This electronic document is published as part of the St Louis Circuit Court historical records project.</p> </publicationStmt> <sourceDesc> <p>The original document is part of the Missouri State Archives St Louis Circuit Court collection.</p> </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Complaint Part 2" rend="horizontal"> <pb facs="27486_003.tif" n="003"/> <p> <unclear rend="written" unit="chars"> <supplied>believe</supplied> </unclear> to be true- that the <unclear rend="strikethrough" unit="chars"/> <lb/>Petitioner was <unclear rend="written" unit="chars"> <supplied>pursuaded</supplied> </unclear> to <unclear rend="written" unit="chars"> <supplied>leave</supplied> </unclear> his <lb/>father & mother by our <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Samuel</orig> </choice> </persName> </supplied> </unclear> gray <lb/>who afterwards kidnapped him & <unclear rend="written" unit="chars"> <supplied>said</supplied> </unclear> <lb/>him as a slave to <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Benjamin Clapp</orig> </choice> </persName> </supplied> </unclear> of <lb/> <placeName> <choice> <orig>St Louis</orig> </choice> </placeName> On friday & Saturday last the <lb/>prisoner was <unclear rend="written" unit="chars"/> to find <unclear rend="written" unit="chars"/> <lb/>to assist him <unclear rend="written" unit="chars"> <supplied>in</supplied> </unclear> procuring his freedom <lb/>& called with affiants at the <unclear rend="written" unit="chars"/> <lb/> <persName> <choice> <orig>G A</orig> </choice> </persName> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Bird</orig> </choice> </persName> </supplied> </unclear> who was not found there <lb/>The <unclear rend="written" unit="chars"/> <unclear rend="written" unit="chars"> <supplied>seemed</supplied> </unclear> to be <unclear rend="written" unit="chars"> <supplied>alarmed</supplied> </unclear> for <lb/>fair he might be <unclear rend="written" unit="chars"/> <unclear rend="written" unit="chars"> <supplied>from</supplied> </unclear> <placeName> <choice> <orig>St Louis</orig> </choice> </placeName> <lb/>to present his attaining his freedom said <lb/> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Bird</orig> </choice> </persName> </supplied> </unclear> informs the <unclear rend="written" unit="chars"> <supplied>affiants</supplied> </unclear> that he <lb/>promised to prepare his Petition & affidavit <lb/>to enable the petitioner to sue for freedom <lb/>yesterday & that the Petitioner agreed to <lb/>call on said <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Bird</orig> </choice> </persName> </supplied> </unclear> last night & <lb/>make the <unclear rend="written" unit="chars"/> affidavit but <lb/>did not <unclear rend="written" unit="chars"/> from which the <lb/>affiants think they have reason to <lb/> <unclear rend="written" unit="chars"> <supplied>believe</supplied> </unclear> that the Petitioner has been <lb/> <unclear rend="written" unit="chars"> <supplied>prevented</supplied> </unclear> from making said affidavit <lb/>by <unclear rend="written" unit="chars"> <supplied>said Clapp or</supplied> </unclear> sam one also</p> <closer> <signed>W M S. <unclear rend="written" unit="chars"/> </signed> Sworn to <unclear rend="written" unit="chars"> <supplied>Wm S</supplied> </unclear> Nelson <lb/>this <date when="1839-05-06">6th day of may 1839</date> <lb/>before me <lb/> <signed> <unclear rend="written" unit="chars"/> <lb/>Justice of the</signed> </closer> </div1> <div1 legalFunction="Order" rend="horizontal"> <pb facs="27486_004.tif" n="004"/> <p>I <persName> <choice> <orig>Luke E Lawless</orig> </choice> </persName> Judge of the <orgName> <choice> <orig>Saint Louis</orig> </choice> </orgName> <lb/> <orgName> <choice> <orig>Circuit Court</orig> </choice> </orgName> and <placeName> <choice> <orig>State of Missouri</orig> </choice> </placeName> do, <lb/>hereby order that the Petitioner <unclear rend="written" unit="chars"/> <lb/>named <unclear rend="written" unit="chars"> <supplied>be allowed</supplied> </unclear> to sue as a poor person <lb/>to establish his right to freedom and I hereby <unclear rend="written" unit="chars"/> <lb/> <persName> <choice> <orig>G A Bird</orig> </choice> </persName> as next friend & assign him as <lb/>counsel of the petitioner and I further <lb/>order that said Petitioner have reasonalbe <lb/> <unclear rend="written" unit="chars"> <supplied>liberty</supplied> </unclear> of <unclear rend="written" unit="chars"> <supplied>attending</supplied> </unclear> his counsel & the Court <lb/>as <unclear rend="written" unit="chars"/> may require; that he be <lb/>not removed out of the Jurisdiction of <lb/>the Court, and that he be not subject <lb/>to any security on account of his application <lb/>for freedom</p> <closer> <signed> <unclear rend="written" unit="chars"/> </signed> </closer> </div1> <div1 legalFunction="Caption Part 3" rend="vertical"> <pb facs="27486_004.tif" n="004"/> <p>Petition of <persName> <choice> <orig>Charles</orig> </choice> </persName> <lb/> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Endicott</orig> </choice> </persName> </supplied> </unclear> for <unclear rend="written" unit="chars"> <supplied>leave</supplied> </unclear> <lb/>to sue for his freedom <lb/> <unclear rend="written" unit="chars"> <supplied>orders</supplied> </unclear> of the Judge</p> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>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.

 Petition St. Louis Circuit Court To the Honorable Luke E Lawless Judge of the Saint Louis Circuit Court for the State of Missouri .

The Petitioner of Charles Endicott a mulatto Boy aged about eighteen years respectfully unto your Honor that he is & Justly entitled to his liberty although he is held & claimed as a slave by Benjamin Clapp at St Louis in the town of St Louis and State of Missouri - your Petitioner, has lived many years in in the State of New York when his father & mother & himself were as free persons & he prays he may be permitted to sue as a poor person to G A Bird for & in behalf of the Petitioner Nelson & Perry on their oath say that that this this Petitioner at in the State of New York and his parents for about three or four years years where the petitioner & his parents acted & were generally to be free persons and these affiants are fully persuaded that said petitioner is entitled to his freedom They saw the Petitioner in St Louis last week & readily accompanied him as the same person they knew in the State of New york They have understood that he was born free man in Canada The Petitioner tells the following circumstances which they

 </titleStmt> <publicationStmt> <p>This electronic document is published as part of the St Louis Circuit Court historical records project.</p> </publicationStmt> <sourceDesc> <p>The original document is part of the Missouri State Archives St Louis Circuit Court collection.</p> </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Caption" rend="vertical"> <pb facs="27486_007.tif" n="007"/> <head>C <unclear rend="written" unit="chars"> <supplied>Endicott</supplied> </unclear> <lb/> <abbr>vs</abbr> <lb/> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Benjamin Clapp</orig> </choice> </persName> </supplied> </unclear> </head> </div1> <div1 legalFunction="Order" rend="horizontal"> <pb facs="27486_008.tif" n="008"/> <p>In the case of Charle <unclear rend="written" unit="chars"> <supplied>Endicott</supplied> </unclear> a man of <lb/>clolor against <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Benjamin Clapp</orig> </choice> </persName> </supplied> </unclear> the said <lb/>defendant having <unclear rend="written" unit="chars"> <supplied>declined</supplied> </unclear> to enter unto <lb/> <unclear rend="written" unit="chars"/> in such case made & <lb/>proceded It is hereby ordered that the sheriff <lb/>of St Louis County take <unclear rend="written" unit="chars"> <supplied>posession</supplied> </unclear> of <lb/>said <persName> <choice> <orig>Charles</orig> </choice> </persName> who has sued for his freedom <lb/>and hire him ont to the best advantage <lb/>from time to time during the <unclear rend="written" unit="chars"/> of <lb/>his suit for Freedom and that he <unclear rend="written" unit="chars"/> <unclear rend="written" unit="chars"/> <lb/>from the here payable to the state of missouri <lb/>in the sum of five hundred Dollars & <lb/> <unclear rend="written" unit="chars"/> <unclear rend="written" unit="chars"/> such as said shall <unclear rend="written" unit="chars"/> <lb/>undetained according to the second <lb/>section of the act <unclear rend="written" unit="chars"/> an act to <lb/>enable persons held in slavery to sue for <lb/>their freedom approved <date when="1835-01-27">January 27th 1835</date> <lb/> <placeName> <choice> <orig>St Louis</orig> </choice> </placeName> <date when="1839-05-18">may 18th 1839</date> </p> <closer> <signed> <unclear rend="written" unit="chars"/> <lb/>Judge <orgName> <choice> <orig>Circuit Court</orig> </choice> </orgName> </signed> <lb/> <signed> <unclear rend="written" unit="chars"/> </signed> </closer> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Deposition Agreement

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.

 Deposition Agreement Bird, G.A. Risque, J. M. St. Louis Circuit Court Charles Endicott vs Benjamin Clapp

Suit for freedom We agree that depositions may be taken in this cause by cash party at the office of Joseph esquire in the of St Louis on Saturday next between & p M to be read in an said cause saving all as to July 30 1840

G A Bird atty for Pltf Risque att for defendants

I acknowledge legal

 Deposition

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

 Deposition Ruland, John Walsh, Joseph Mellon, Chester St. Louis Circuit Court No S Louis Circuit Court November Term 1840 Charles Endicott vs Benjamin Clapp

Depositions for plff

Dep by g.A. Bird esqe $ 2.

Filed November 13. 1840. Jno Ruland Clerk G.A. Bird Esq

& questioned answer I did not Recorss examined

Question - Have you any personal knowledge whether the plaintiff or his father or mother were free or slaves? answer I know only from the Circumstance of their living there for the length of time as I have stated?

Re examined

Question - when you knew then in New York were they acting under the control of any person or as servants answer - they were not they lived in a house by them selves

Sworn to and subscribed before me on the day at the place & between the hours in thus behalf aforesaid justice State of missouri County of S Louis ss

I Joseph a justice of the peace in and for said county do certify that Chester Mellen & Calvin Case the deponants were by me severally sworn to testify the whole truth of their knowledge touching the matter in controversy aforesaid that they were examined & their examination reduced to writing & them subscribed in my presence on the day between the hours and at the place in that behalf aforesaid given under my hand this 1st day of august A D 1840 ( $2.00 paid by G.A. Bird Esq )

Walsh Justice </titleStmt> <publicationStmt> <p>This electronic document is published as part of the St Louis Circuit Court historical records project.</p> </publicationStmt> <sourceDesc> <p>The original document is part of the Missouri State Archives St Louis Circuit Court collection.</p> </sourceDesc> </fileDesc> <profileDesc/> </teiHeader> <text> <body rend="handwritten"> <div1 legalFunction="Deposition Part 3" rend="horizontal"> <pb facs="27486_013.tif" n="013"/> <p> <unclear rend="written" unit="chars"/> <lb/>Depositions of witnesses produced sworn & examined <lb/>before me Joseph <unclear rend="written" unit="chars"> <supplied>Walsh</supplied> </unclear> a Justice of the peace <lb/> <unclear rend="written" unit="chars"/> & <unclear rend="written" unit="chars"/> St Louis County at my <unclear rend="written" unit="chars"> <supplied>office in</supplied> </unclear> the <lb/> <unclear rend="written" unit="chars"/> of <placeName> <choice> <orig>St Louis</orig> </choice> </placeName> on the <date when="1840-08-01">first day of August <lb/>in the year of our Lord eighteen hundred & <lb/>forty</date> between the hours of three & six o clock <lb/>in the afternoon of that day taken on the <lb/>part of the plaintiff to be read in <unclear rend="written" unit="chars"/> <lb/>in a <unclear rend="written" unit="chars"/> cause pending in the circuit <lb/>court of <placeName> <choice> <orig>St Louis</orig> </choice> </placeName> & <placeName> <choice> <orig>State of Missouri</orig> </choice> </placeName> in <lb/>which Charles Indicott as plaintiff & <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Benjamin</orig> </choice> </persName> <lb/> <persName> <choice> <orig>Clapp</orig> </choice> </persName> </supplied> </unclear> is defendant.</p> <p> <unclear rend="written" unit="chars"> <supplied>Chester mellen</supplied> </unclear> of lawful age being produced <lb/>sworn and examined deposes & says, I know the plaintiff <lb/>Charles <unclear rend="written" unit="chars"> <supplied>Indicott</supplied> </unclear> who is here present & have known him <unclear rend="written" unit="chars"> <supplied>since</supplied> </unclear> <lb/>the year <date when="1830">1830</date> or <date when="1831">1831</date> when he was quite <unclear rend="written" unit="chars"> <supplied>small</supplied> </unclear> at <unclear rend="written" unit="chars"> <supplied>Sacketts</supplied> </unclear> harbor<lb/> <placeName> <choice> <orig>Jefferson County</orig> </choice> </placeName> State of New <persName> <choice> <orig>York</orig> </choice> </persName> where <unclear rend="written" unit="chars"> <supplied>I resided</supplied> </unclear> since <date when="1825-05-01">1825 to 1 may</date> last I <unclear rend="written" unit="chars"> <supplied>never</supplied> </unclear> paid <unclear rend="written" unit="chars"> <supplied>much</supplied> </unclear> <lb/>attaintion but have seen him about the <unclear rend="written" unit="chars"> <supplied>villge</supplied> </unclear> several <lb/>times & saw him there <unclear rend="strikethrough" unit="chars"/> two or three years ago last fall, <lb/>& do not <unclear rend="written" unit="chars"> <supplied>recollect</supplied> </unclear> seeing him afterwards until <unclear rend="written" unit="chars"> <supplied>to</supplied> </unclear>day.</p> <p>The father of the plaintiff lived at <unclear rend="written" unit="chars"> <supplied>Sacketts</supplied> </unclear> Harbor in <date when="1830">1830</date> <lb/>& <date when="1831">1831</date> & <unclear rend="written" unit="chars"> <supplied>perhaps</supplied> </unclear> before, & <unclear rend="written" unit="chars"> <supplied>lived</supplied> </unclear> there about a year <unclear rend="written" unit="chars"> <supplied>since</supplied> </unclear>, he <lb/>passed as a free man & kept a barber <unclear rend="written" unit="chars"> <supplied>shop</supplied> </unclear> there when I left <lb/>there in May last he was reputed a free man & acted as such <lb/> Cross examined</p> <p>Have you any personal knowledge an to whether the father <lb/>of the plaintiff was or was not a free man ?</p> <p>Answer I have not. he acted there as a free man like all other <lb/> <unclear rend="written" unit="chars"> <supplied>and</supplied> </unclear> & I never heard the matter <unclear rend="written" unit="chars"/> as to <unclear rend="written" unit="chars"> <supplied>whether</supplied> </unclear> he <unclear rend="written" unit="chars"> <supplied>ever</supplied> </unclear> <lb/>had been a slave or not- and further this deponent <lb/>saith not-</p> <closer> <signed> <unclear rend="written" unit="chars"> <supplied>Chester Mellon</supplied> </unclear> </signed> Sworn to and subscribed before me on the <lb/>day between the hours and at the plan <lb/>in that <unclear rend="written" unit="chars"> <supplied>behalf</supplied> </unclear> aforesaid-<lb/> <signed>J.<persName> <choice> <orig>W Walsh</orig> </choice> </persName> Justice</signed> </closer> </div1> <div1 legalFunction="Deposition Part 4" rend="horizontal"> <pb facs="27486_013.tif" n="013"/> <p> <unclear rend="written" unit="chars"> <supplied>Calvin</supplied> </unclear> Case of lawful a <unclear rend="written" unit="chars"/> being produced sworn and <lb/>examined deposeth and saith. I have known the plaintiff <lb/> <persName> <choice> <orig>Charles</orig> </choice> </persName> <unclear rend="written" unit="chars"> <supplied> <persName> <choice> <orig>Endicott</orig> </choice> </persName> </supplied> </unclear> occasionally <unclear rend="written" unit="chars"> <supplied>since</supplied> </unclear> the year <date when="1830">1830</date> or <date when="1831">1831</date> <lb/> <pb facs="27486_014.tif" n="014"/> at Sacketts Harbor where I then resided, & when I last saw him <lb/>in <date when="1835">1835</date>. I did not see him again until I saw him in <placeName> <choice> <orig>S Louis</orig> </choice> </placeName> <lb/>in <date when="1839-06">June 1839</date> I have no doubt as to his Identity I also <lb/>knew his <unclear rend="written" unit="chars"> <supplied>reputed</supplied> </unclear> father who kept a <unclear rend="written" unit="chars"> <supplied>barber</supplied> </unclear> shop there & <unclear rend="written" unit="chars"> <supplied>passed</supplied> </unclear> for a <lb/>free man & acted as such in the years <date when="1830">1830</date> & <date when="1831">1831</date>, & occasionally <lb/>went on steam boats, he had several children-</p> <p>Question- was the father of the plaintiff acting as <lb/>and considered a free man & did you ever know of his <lb/>being claimed or a slave?</p> <p>Answer He did act as a free man there as all other <lb/>colored persons do, and I never knew of his being claimed <lb/>as a slave</p> <p>Question, Did you also know the mother of Plaintiff <lb/>& did she <unclear rend="written" unit="chars"> <supplied>act</supplied> </unclear> and was she <unclear rend="strikethrough" unit="chars"/> <unclear rend="written" unit="chars"> <supplied>reputed</supplied> </unclear> to be a free woman, <lb/>& did you ever know of her being claimed as a slave?</p> <p>Answer. I know the reputed mother of the plaintiff <lb/>or the woman who lived with his reputed father as his <lb/>wife, who <unclear rend="written" unit="chars"/> & was considered as a free woman as all <lb/>other colord persons there <unclear rend="written" unit="chars"> <supplied>are</supplied> </unclear>-</p> <p>Question are you acquainted with Chester Mellen the <lb/>last witness & what was his <unclear rend="written" unit="chars"> <supplied>business</supplied> </unclear> & standing at <unclear rend="written" unit="chars"> <supplied>Sacketts</supplied> </unclear> <lb/>Harbor-</p> <p>Answer I have known him there since <date when="1826">1826</date> when I went to <lb/>Sackets Harbor to live, until the <unclear rend="written" unit="chars"> <supplied>Spring</supplied> </unclear> of <date when="1837">1837</date> & have not <lb/>seen him since until to day, he was engaged in the <unclear rend="written" unit="chars">mer<lb/>cantile business</unclear> & his <unclear rend="written" unit="chars"> <supplied>character</supplied> </unclear> was as goods as that of <lb/>any man there.</p> <p>Cross Examined</p> <p>Question- Have you not reason to believe that there are many <lb/> <unclear rend="written" unit="chars"> <supplied>runaway</supplied> </unclear> slaves living on the line between <unclear rend="written" unit="chars"> <supplied> <placeName> <choice> <orig>Canada</orig> </choice> </placeName> </supplied> </unclear> & New <persName> <choice> <orig>York</orig> </choice> </persName> </p> <p>Who <unclear rend="written" unit="chars"> <supplied>pass</supplied> </unclear> themselves off as free persons <unclear rend="written" unit="chars"/> the <unclear rend="written" unit="chars"> <supplied>community</supplied> </unclear> there?</p> <p>Answer, I have never known any as low down <unclear rend="written" unit="chars"> <supplied>as Sackets Harbor</supplied> </unclear> <lb/>higher up <unclear rend="written" unit="chars"> <supplied>about Buffalo</supplied> </unclear> & on the <unclear rend="written" unit="chars"> <supplied>lake</supplied> </unclear> there are<lb/> Re-examined-</p> <p>Question- Did you ever hear <unclear rend="strikethrough" unit="chars"/> while living in <lb/>New <persName> <choice> <orig>York</orig> </choice> </persName> <unclear rend="strikethrough" unit="chars"/> the right to freedom of the plaintiff for of his father or</p> </div1> </body> </text> </TEI> <TEI xmlns="http://www.tei-c.org/ns/1.0" > <teiHeader> <fileDesc> <titleStmt> <title>Defendant's Answer to Plaintiff's Complaint

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

 Defendant's Answer to Plaintiff's Complaint Ruland, John Bugy Hunton St. Louis Circuit Court No 116 July 7 Benjamin Clapp ads Charles Endicott suit for freedom

plea not guilty B S Hunton atty.

Filed November 27th 1839 Jn Ruland Clerk Benjamin Clapp ads

plea

And the said defendant by his attorney comes & defends the and injury and says he is not guilty of the supposed greivances above said & his charge , or any or either of them or any part thereof in manner & form as the said plaintiff hath above com-plained against him, And of this he the said defendant puts himself upon the County.

Bugy & Hunton atty for deft. Summons

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 Summons Ruland, John Brotherton, M. St. Louis Circuit Court

Served this writ on S. H. Robbins 20th Janry 1841- the other not found

M.Brotherton Shff fee.87- Subpeona Charles Endicolt vs Benjamin C. Clapp

for plaintiff Capt. Calbin Case William Nelson (both of the above live near the , a little back of it, in a white house)

Solomon H Robbins Chester Mc Millan for 21st Jan 1841 County of St. Louis , sct. The State Of Missouri , To the Sheriff of St. Louis County,- Greeting:

You are hereby commanded to summon Captn. Calvin Case, William Nelson, Solomon. H. Robbins Chester Mc Millan that setting aside all manner of execuse and delay, he be and appear in proper person before the Judge of our Circuit Court , on the 26th day of January A. D. 1841 at the City of St. Louis , then and there to testify, and the truth to say in a certain matter of controversy now pending in our said Court, wherein Charles Endicott is plaintiff and Benjamin C Clapp defendant on the part of plff and have you then there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the City of St. Louis , this nineteenth day of January in the year of our Lord eighteen hundred and forty one Jn Ruland Clerk, C. C. Summons

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

 Summons Ruland, John Brotherton, M. St. Louis Circuit Court

Served this writ on A.C. Griffin 25 Jan. 1841

M Brotherton shff fee .50 Chs Indicott vs Benjamin Clapp

Sub for

Albert C Griffin for Plff forthwith County of St. Louis , Sct. State Of Missouri , To the Sheriff of St. Louis County, Greeting:

You are hereby commanded to summon Albert C Griffin that setting aside all manner of execuse and delay, he be and appear in proper person before the Judge of our Circuit Court , on the twenty eighth day of January 1841 at the City of St. Louis , then and there to testify and the truth to say in a certain matter of controversy now pending in our said Court, wherein Charles Indicott is plaintiff and Benjamin Clapp is defendant on the part of plaintiff and have you then there this writ.

Witness, John Ruland , Clerk of our said Circuit Court , at the City of St. Louis , this 26th day of January in the year of our Lord eighteen hundred and forty one Jn Ruland Clerk, C. C. Complaint

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

 Complaint Bird, G.A. St. Louis Circuit Court Charles Endicott by G A Brid his next Friend Vs Benjamin Clapp

Suit for freedom the statute The Clerk will please issue a Summons.

G A Bird next friend & counsel State of Missouri Saint Louis Circuit Court July Term A D 1839

Charles Endicott and infant under twenty one years of age a mulatto complains of Benjamin Clapp of a plea of trespass for that on the first day of January in the year eighteen hundred & thirty nine the the said defendant at St Louis in said County with force & arms then & there seized & enslaved the said plaintiff and then & there & with and any reasonable or probable cause imprisoned him & hath kept him there imprisoned from the day last aforesaid to this day & other wrongs then & there did and the plaintiff avers that before & during, the time of committing said grievances the said plaintiff was and still is s free person and the Defendant kept & detained & Still does keep and detain the plaintiff in slavery wherefore he brings suit to Charles Endicott

by G A Brid his next friend & Counsel Verdict

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.

 Verdict Brown, Jas. S. St. Louis Circuit Court

We the Jury find for the Plaintiff

Jas S Brown Foreman