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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.
Your petitioner,
represent to your Honor that he was purchased
and held as a Slave by one
in his lifetime, since deceased, that the said
Duty, being then a resident of the
sissippi, by his last will and testament,
dated the
directed that, at his decease, your petitioner
amongst other slaves which he then owned,
should be manumitted and set free
and sent to the
the laws of said last mentioned State would
permit the same Your petitioner further
represents that the said Duty himself, in
his lifetime to wit; in the month of March
A.D. 1837 removed your petitioner amongst
other his said slaves, to the
and in the month of
departed this life in the city and county
of
made are other will than the our last
mentioned; that the said will was,
as your petitioner is informed and believes,
established and admitted to Probate in the
Probate Court of
A. D. 1838
A. D. 1839
and testament of the said Duty in the
County , and letters
verily believes, wrongfully and unjustly
holds your petitioner in slavery. Your
petitioner therefore humbly prays that he
may be permitted to prosecute this his
suit for freedom as a poor person, that
counsel may be assigned him, and that
the orders, prescribed by Statute in such
cases, may be made in his behalf,
and, as in duty bound, will ever pray
&c.
This day personally appeared
before the undersigned,
named petitioner, who being duly sworn
on his oath saith that the facts stated
in the foregoing petition are true to the
best of his knowledge and belief.
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.
plaintiff in this action, complains of
of trespass and false imprisonment: for
that the said defendant on the
day of May
force and arms assaulted the said plaintiff,
and then and there beat, bruised, and ill-treated
him, and then and there imprisoned him, and
kept and detained him in prison there with-
out any reasonable or probable cause what-
soever, for a long time to wit: for the space
of six hours there next evening, against
the will of the said plaintiff contrary to
the laws of the
against the liberties of the people thereof:
and the said plaintiff in fact
prior to, and at the time of the Committing
of the grievances by the said defendant
against the said plaintiff above mentioned,
the said plaintiff was,
person and that said defendant held
and still holds said plaintiff in slavery,
against the peace of the
and to the damage of the plaintiff five
thousand dollars and therefore he sues.
Suit for freedom
let summons five
orders he entered
Counsel
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
We command you to
be found in your County, that he be and appear
before the Judge of our
be held at the
third Monday of
a man of color, of a plea of trespass. & false imprison-
ment,
to the damage of said plaintiff
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 15 p 292 Mo to
Mo overruled 16 p 247. Jury
Mo for new trial filed 17 p 57> Mo Contd 17 p 122. contd 19 p 566. Contd by consent 18 p 349.
Discontinued at plff costs.
vs
Summons. 10th June
Trespass & false imprisonment.
Damages $ 5000.00.
Risque &
“It is ordered that said petitioner, (Pres-
ton) have leave to sue as a poor person &
the Count assigns
as counsel for said petitioner; and it is further or-
dered that said petitioner have reasonable liberty
to attend his counsel & the Court, as occasion may
require; that he be not removed without the
jurisdiction of this court, and that he be not
of his application for freedom.”
Executed this writ in the
offering to read it and the declration, to
reading to the said
of the Judge endorsed upon this writ
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.
by his attorney, and says that he is not guilty
of the said several supposed grievances
them in manner and form as the same are by the
said plaintiff in his declaration above charges
and alleged against the said defendant and of this
the said defendnat puts himself upon the county
And for a further plea in this behalf, the said
defendant says that the said plaintiff at the time
of the commencement of this suit a free person
in manner and form as in said declaration
alleged and of their the defendant puts himself upon
the country
Plea
Atty for Deft
This electronic document is published as part of the St Louis Circuit Court historical records project.
The original document is part of the Missouri State Archives St Louis Circuit Court collection.
And the said defendant
by attorney comes and moves the court to
dismiss the above entitled cause for the following
1. Because the
cause was illegal and granted without authority
of law
2 Because the said plaintiff had
no right to install an action
filing an affidavit according to the
of the
3 Because there is no sufficient affi-
davit filed herein
4 Because the said supposed affi-
davit is
5. Because said plaintiff being
against the deft who is a white man
6. Because the complaint and
affidavit are in other respects informal
and insufficient
7. Because the clerk acted with
out
plaintiff to
Motion to
Attys for deft
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 plaintiff moves the court to
and
the following reasons, viz.
1. That the Court improperly excluded on the trial
legal &
2. That the Court improperly refused to allow the
made on behalf of the plaintiff for a
the Judge of
being necessary evidence for the plaintiff