Carey, a man of color v. Benjamin Wilder
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Benjamin WilderBenjamin Wilder

On the calling of this [ cause ] for
trial Said CareyCarey was called & was not personally
present Gustavus a BirdBird one of the for
the plaintiff moved for a continuance & it was
agreed by the parties that the statement of Said. BirdBird to be made
as counsel for CareyCarey & that of Mr Prius made
on oath should be received as the ground of the
motion in line of an affidavit. and said BirdBird
stated as follows that since the taskcontinuance
of the [ cause ] he receivedinformation that the

had put Said CareyCarey on board of the Slave Boat
St LouisSt Louis for the purpose of sending him to New
OrleansOrleans - This affiant on receiving this information
immediately up a Petition stating the infor-
mation thus received, for the purpose obtaining
a writ of Habeas Corpus - to said
Slave Boat St LouisSt Louis& Said Captain Prius who
informed said BirdBird that said had
hired him said CareyCarey to work on board
said Boat from St LouisSt Louis to New OrleansOrleans & from
there back to St LouisSt Louis - the [ Sl ]Boat St LouisSt Louis
was just about to set out of port & said
BirdBird was of opinion that an application for an
writ of Habeas Corpus would have been unavail
ing - he therefore did not make the
application said BirdBird states that Plaintiff
reside in or near GalinaGalena IllinoisIllinois
& LouisianaLouisiana MissouriMissouri - That if the facts which
CareyCarey has stated & sworn to are true said CareyCarey
is in his opinion entitled to his freedom

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said BirdBird states that previous to the time CareyCarey
was taken to New OrleansCarey had stated to
said BirdBird the names of his & their
residence of which Said BirdBird had made a
memorandum which was lost or mislaid
Said CareyCarey returned from New OrleansOrleans about
the first of July - after his return he called on
Said BirdBird
that there was not
sufficient time to take his the
- Said BirdBird says that of the
Statements which CareyCarey has made to him & which
he beleives are true. Said CareyCarey has material
for him residing near LouisianaLouisiana
aforesaid & galena aforesaid whose depositions
can be procured by the term of this court
states that on or about the
8th of June last hired him
the plaintiff to work on board the [ Sl ]boat StSt Louis
LouisSt Louis for a trip from St LouisSt Louis to New OrleansOrleans
& from there back to St LouisSt Louis - that said
Boat started for New OrleansOrleans with said CareyCarey
on board & returned from there to St LouisSt Louis
with the said CareyCarey on board about from the
to the 4th July last and the said CareyCarey was then delivered to the said defendant . The Court decided that
the facts stated furnished cause for a
continuance & the plaintiffs motion
whereupon the plaintiff to the opinion
of the Court & prays that this of
may part of the
is done

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WilliamWilliam C. CarrCarr