There are no known copyright restrictions on this item. You are free to use this item in any way that is permitted by the copyright and related rights legislation that applies to your use. Washington University Libraries does not assert copyright in reproduction scans of public domain materials made openly available on its websites. For more information on policies and procedures governing the use of materials, contact digital@wumail.wustl.edu.
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
a free person of colour and as
such is entitled to his freedom
for the following reasons to wit
That many years since the time to
your petitioner unknown but previous
to his your petitioners birth that his
mother
owned by an Bowde in the
and owner removed and took with
him to the
mother the said
continued as a permanent resident
and resided in said
more than one year and as by the residence
aforesaid of petitioners mother
in
Your petitioner claims that he is also
a free person and entitled to his freedom
But is now held as a slave by
one
Your petitioner
further that he is a poor person without
any estate & prays the Court for leave to sue
as a poor person according to the statute
in said cases provided.
It is hereby
ordered that the within named petitioner
freedom as a poor person without giving security
for costs and that he be allowed reasonable
liberty to attend his counsel and the Court as
occasion may require and that he be not removed
out of the jurisdiction of this court and that
he be not subject to any severity on account of
his suit for freedom.
Given under my hand
as Judge of the
and
1851
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 by his next friend
states that he is a free person of color
and that he is entitled to his freedom for the
reasons following to wit.
That many
years since his (plaintiff's) mother was
taken by her then
Bowde from the
the
State he Bowde removed and resided permanently
as a citizen for more than
twelve (12) months having plaintiff's
mother in possession and thereby
(her residence in the
and is free.
Plaintiff states also that since
the time at which his said mother was
taken to and remained in the
that his mother being a free person
he is also free and entitled to his
freedom. And therefore plaintiff
prays judgement for his freedom
against the defendant
makes oath and says that the
matters and things as stated in
the within petition are true to
the best of his knowledge and belief
Filed
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 summon
to appear
before the Judge of our
term thereof, to be held in the
next, then and there to answer the complaint of
by his next friend
as set forth in the annexed petition
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
185
Judgt &c set aside. Leave to amend pet. &
10 days further to amend. 21. p. 381
Amendt filed 21. p. 397.
Demurrer
filed 22. p. 130. Dismissed
Pet:
It is hereby ordered that the within named petitioner
a poor person without giving security for costs
and that he be allowed reasonable liberty to attend
his counsel and the court as occasion may require
and that he be not removed out of the
Jurisdiction of the Court and that he be not
subjected to any severity on account of his suit
for freedom given under my Court as Judge
of the
Issued
Executed this writ in the
of June 1851
thereof and of the Petition, & by reading to him the order of
the Judge endorsed herein.
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.
Samuel T Glover on his oath says he was
retained as counsel by deft in this case before
the commencement of the present regular
term of this Court, and was told by his client
at the time either that an arrangement
had been made, or could be made with Mr.
the determination of this case and the case of
this Court might depend upon the determination
of the case of
named case was also pending in this Court
and is still pending.
Afterwards Mr.
said three above mentioned causes having as
he informed affiant sent specially to
for witnesses whose evidence by him deemed
plaintiffs met this affiant by an amicable
appointment to take the depositions of
said witnesses this affiant and Mr.
agreeing to take the said depositions
by consent.
On the occasion last named a conversation
was held between the affiant and Mr.
in regard to the said depositions and
the said cases, and this affiant understood
Mr.
would depend upon the determination
of the case of
only take the depositions of the witnesses
in Marys case, and to refer to affiant
for his assent to the same, and this affiant
did say to Mr.
that case it would duly be necessary to
take the testimony of the witnesses in
Marys case, and said depositions were
accordingly taken by consent in Marys
case and were not taken in either of
the cases of
believes said witnesses returned to
This affiant does not charge Mr.
with any intention to deceive him or lull
him into security, but the effect of the above
conversation on his mind was to place him
entirely at ease in regard to the said cases of
no care as to pleading in or preparing
the same for trial, nor did the
plaintiffs make any preparation of said
cases or either of them nor did he suppose any
step would be taken
in them till
case was decided.
Affidavit
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 deft moves the court to set aside
the
the deft to plead to this case
1. Because the declaration in the
case is not a declaration in
trespass as the statute in such
case requires, and no other
declaration could be filed
than one in trespass.
2. Because the said declaration
or petition if it be more proper
to call it a petition does not
contain any fact which
would amount to trespass
either by the statute or common
law,
3. Because the same contains
no averment which can
constitute any action either
in law or equity,
4. That to claim
of a person - is not actionable
the person who sues for freedom
slavery and show that physical
restraint is exercised over him
or her,
5. For aught that appears by the plff
showing he was at the institution
of his suit and is now
in the full enjoyment of his
freedom
6. There is no averment showing
whether slavery is or is not allowed
to exist in
7. There is no averment that plffs mother
was ever held in slavery in
8. There never was any proceedings so far
as the record in the case shows
appointing a next friend, for the
plff.
9. Because the defts attorney was induced
to believe that this case was
to depend upon the
Marys case (See affidavit of
10. Because no proof was offered to show
the plffs right to freedom.
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.
11 The Court had no jurisdiction of the
person
Motion to set
aside judgment.
Glover
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 amends his
time his mother
original petition resided in the
stated in said petition that slavery and involuntary
servitude was prohibited in said
free and is a free person because of her residence
in the aforesaid
mother was at the time of his birth a free person, he
also is free.
Plaintiff states that before and at the
time this suit
held and still holds him in slavery and he
therefore asks Judgement for his freedom.
and says that the matters & things as stated
in the foregoing petition are true as he
verily believes
Filed
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 said defendant answers the said
petition and says that whether the said
plaintiff is the said child of the mother mentioned
in the petition the deft has no knowledge
sufficient to form a belief, whether the said supposed mother of
the plaintiff was ever carried by any
owner or master into
in said petition this deft has no knowledge
sufficient to form a belief.
Whether the said Bowde ever resided
in
knowledge sufficient to form a
belief.
Whether the said
of plff is a free person or not this deft
has no knowledge sufficient to form
a belief.
This deft makes no answer
to the allegation in said petition
that at the time the said
in
servitude was prohibited in said
state because deft is not able to ascertain
from said petition either
when it was that said supposed
residence existed.
The color of the plaintiff is darker than
a Mulatto; and he was purchased by deft
as a slave in this State and was held as a
slave prior to the commencement
of this suit and is still so
held by deft, and was held as
a slave by the person who sold
him to this defendant
The deft
on his oath he believes the
statements in the above
answer to be true as
there stated, the words “or ever resided there” on first page underlined before signing.
Sworn to & Subscribed
Ans of 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 now moves defendant & demurs
to plff's original & amended petition &
says that the
cause of action against Deft
Demurrer