Abraham Dutton, a boy of color, by and through his next friend, Grace Dutton v. John PAca This electronic document is published as part of the St Louis Circuit Court historical records project.

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 July 2, 1834 July Term 1834

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

 Abraham Dutton, a boy of color, by and through his next friend, Grace Dutton v. John PAca July 2, 1834 July Term 1834 Dutton, Abraham Paca, John Trespass Assault Battery False Imprisonment 114 St. Louis Circuit Court Lawless, Luke E. Gamble, Archibald Ruland, John Walker, John K. Hough, D. Dutton, Grace Gamble, Hamilton R. Bates, Edward G. KT removed comment tags, added caseTitle, and moved legalFunction tags JO deciphered vendor's unclear tags in images 5, 6 and 8. JO deciphered vendor's unclear tags in image 2 and up to div2 in image 4. JO deciphered vendor's unclear tags through entire document. TPT added legal info. CM performed final review of legal encoding Petition to Sue Justice of the Peace's Certification Order Granting Petition to Sue

This electronic document is published as part of the St Louis Circuit Court historical records project.

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

 Petition to Sue Lawless, Luke E. Dutton, Andrew Dutton, Andrew Paca, John Gamble, Hamilton R. Gamble, Archibald St. Louis Circuit Court Justice of the Peace's Certification Dutton, Abraham Dutton, Grace Paca, John Hough, D. St. Louis Circuit Court Order Granting Petition to Sue Lawless, Luke E. Dutton, Abraham Dutton, Grace Paca, John Gamble, Archibald St. Louis Circuit Court To the Honorable the Judge of the circuit Court of St Louis county

The petition of Abraham Dutton a free boy of color an infant under the age of twenty one years by Grace his mother and next friend respect-. -fully represents

That his grand mother who was named Hannah was a slave the property of one Josias William Dallam in the State of Maryland and that the said Dallam while he so owned the said Hannah on the thirteenth day of March in the year seventeen hundred and eighty seven a of - by which he the siad at the of year from the date of said deed the in said deed that the children or that might from said and he in after the of said deed should he free at twenty three years of age. that his mother was the daughter of said and was the year seventeen hundred and ninety two and that your was about the month of April in the year eighteen hundred and nineteen and after his said mother has the age of twenty three years. then that his mother is in the enjoy ment of her that your is held as a slave of St Louis who your as property by his marriage with the daughter of the said Josias William Dallam Wherefore your petitioner prays that he may be permitted to institute a suit as a poor person against the said Josias William Dallow to recover his freedom and that counsel be assigned him according to law.

Grace her X mark Dutton next friend Feste H R Gamble State of Missouri County of St Louis

This day personally appeared before the undersigned a Justice of the peace of the county of St Louis Grace Dutton who being by me duly sworn upon her oath says that the facts stated in the foregoing petition she believes to be true Sworn before me this 2nd day of july 1834

Grace her X Dutton mark D Hough Justic of the peace St Louis county

On the foregoing petition it is ordered that Abraham Dutton the petitioner be permitted to sue as a poor person to es - tablish his freedom and that H R Gamble be as - signed as petitioners counsel. It is also ordered that the petitioner have reasonable liberty to attend his counsel and the court when occasion may require and that he shall not be removed or taken out of the jurisdiction of the Circuit Court of St Louis County nor be subjected to any severity because of his application for freedom

Given at my chambers in the city of St Louis July 11th. 1834 Carr Sct Complaint of Plaintiff Abraham Dutton by Next Friend Grace Dutton

This electronic document is published as part of the St Louis Circuit Court historical records project.

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

 Complaint of Plaintiff Abraham Dutton by Next Friend Grace Dutton Lawless, Luke E. Dutton, Abraham Dutton, Grace Paca, John Gamble, Hamilton R. Gamble, Archibald St. Louis Circuit Court Summons of Defendant John Paca Lawless, Luke E. Dutton, Abraham Dutton, Grace Paca, John Gamble, Archibald St. Louis Circuit Court Certificate of Service Dutton, Abraham Dutton, Grace Paca, John Walker, John K. St. Louis Circuit Court In the Circuit Court July Term 1834 Saint Louis County to wit

Abraham Dutton a boy of color by HR Gamble his counsel duly asigned com plains of John Paca of a plea of trespass for that the said defendant heretofore to wit on the first day of June in the year eighteen hundred and thirty four with force arms at the county aforesaid an assault did make in and upon the said plaintiff and him the said plaintiff then and there did beat bruise wound and ill treat and did then and there imprison the said plaintiff and hath ever since kept detained and held the said plain-tiff in imprisonment and slavery and still holds the said plaintiff in slavery he the said plaintiff at the time of the committing of the said grievances and still being a free person and other wrongs to the said plaintiff then and there did to the great damage of the said plaintiff and against the peace and dignity of the state wherefore the said plaintiff saith he is injured and hath sustained damage to the amount of four hundred dollars and therefore he sue &c

HR Gamble Attr for plff County of Saint Louis , ss, The State of Missouri , To the Sheriff of the County of saint Louis Greeting

We command you to summon John Paca that he be and appear before the Judge of our Circuit Court at the next term thereof to be held at the city of St Louis within and for the County of Saint Louis on the fourth Monday of July instant then and there to answer unto Abraham Dutton a boy of color of a plea of trespass wherefore the said plaintiff saith he is injured and hath sustained damage to the amount of five hundred dollars and have you then there this writ

Witness Archibald Gamble Clerk of our said Circuit Court at office this twelfth day of July one thousand Eight Hundred and thirty four Archibald Gamble Clerk

on the foregoing petition it is ordered that Abraham Dutton the petitioner be permitted to sue as a poor person to establish his freedom and that H.R. Gamble be assigned as petitioners counsel. It is also ordered that the petitioner have reasonable liberty to attend his counsel and the court when occasion may require and that he shall not be removed or taken out of the Jurisdiction of the Circuit Court of St. Louis county nor be subjected to any severity because of his application for freedom- Given at my chambers in the city of St. Louis July 11th 1834

L.E . Lawless the above is a copy of the order of the on the patition A Gamble Clerk

Served this writ on John Paca on the 12th July 1834 by offering to read to him the writ and declaration in the city of St. Louis which he refused to hear, and at the same time I made him acquainted with of the above copy of the order of the above permitting , the plaintiff to sue &c

Jno K . Walker shff Serv . $1.00 No.115 Saint Louis Circuit Court July Term 1834 Abraham Dutton vs John Paca

Suit for freedom let a summons issue

HR Gamble filed 12th July 1834 Archibald Gamble Clerk Reply of Defendant John Paca

This electronic document is published as part of the St Louis Circuit Court historical records project.

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

 Reply of Defendant John Paca Dutton, Andrew Dutton, Grace Paca, John Bates, Edward G. Gamble, Archibald St. Louis Circuit Court Abraham Dutton vs John Paca

And the said John Paca , the defendant, by Bates his attorney, comes & defends the force & injury when &c and says that is not guilty of the wrongs & trespasses above laid to his charge in manner & form as the said boy Abraham Dutton has above thereof complained against him; and of this he put himself upon the country

Bates

And for a further plea in this behalf, the said John Paca says that the said Abraham Dutton ought not to have & maintain his action aforesaid against him, because he says that at the said time when &c the said Abraham Dutton was a slave , without that the said Abraham , was, at the said time, a free person, in manner & form as he the said Abraham has in his declaration above supposed , and of this he puts himself upon the country.

filed July 30 1834 Bates

Dismifed book 9 - page 52

Abraham Dutton vs John Paca No 115 July term 1834

pleas. 1. not guilty

2. plff a slave

filed july 30th 1834 A Gamble clk Bill of Exceptions

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.

 Bill of Exceptions Lawless, Luke E. Dutton, Abraham Dutton, Grace Paca, John Bates, Edward G. Ruland, John St. Louis Circuit Court

Be it remembered that on the trial of this, the same being submitted for trial to the court, nei - ther party requiring a jury ; the plaintiff read in residence the following acts of the legislature of Maryland , to wit , “an act to prevent disabled & superannuated slaves being set free or the manumission of slaves by any last will or testament “ made at a session of assembly begun & and held at the City of Annapolis the 3 June 1752 & “an act to continue the acts of assembly therein men” tioned “ made at a session of assembly began & held at the city of Annapolis the 6th November 1786. which acts of the legislature of Maryland so read in residence one not herein set forth it being assured by the counsel of both parties hereto that that the same may be read & the same advantage had in effect given to the same in the Supreme Court on error as if they were incor - porated in this will - the plaintiff then offered to read in residence with in-authentication thereon endorsed, a paper writing purporting to be an au- authenticated copy for one of the land record books of Hartford county in the state of Maryland , which pa - per writing & in- authentication are in the words & figures following ( here insert - the same ) to the read - ing of which the Deft by his counsel objected but the court overruled the objection & permitted the same to be read , to which the Deft by his counsel excepts the plff : then read in evidence said paper writing & in-, authentication & one of the slaves named in said paper writing was the mo- ther of Grace who is the mother of the plff: & it was admitted that Hannah at the time appointed for her liberation in said paper writing was under fifty - years of age & capable of maintaining herself - that Grace was born in the year 1792 & the plff: her child was born after Grace had passed the age of twenty three years and that the defendant held the plaintiff in slavery slavery at the commencement of this suit - there being no other evidence on either side; the deft . upon the foregoing testimony moved the court to decide that upon the case made by the plff : he was not entitled to recover his freedom , but the court refused so to decide & decided that upon the case made by him he was entitled to his freedom, to which de - cision the deft by his counsel excepts & prays the Court to issue & read his bill of exception which is accordingly .

Abraham Dutton vs John Paca

Bill of Exceptions

Filed April 8th 1836 John Ruland clerk