State of MissouriMissouri
County of St. LouisCounty of St Louis
Be it remembered that heretofore, that is to say, on the 24 Dec. 1838
was filed in the office of the Clerk of the Circuit CourtCircuit Court in and for said
County a declaration which is in the words and figures following, to wit:
State of MissouriMissouri St. Louis Circuit CourtCircuit CourtMarch Term AD 1839.
James TalbotJames Talbot a man of color complains of DelfordDelford Benton JamesBenton James C. Music & PrudencePrudence
Music of a plea of trespass Assault and Battery for that heretofore, to wit on the first day of January in the year of our Lord Eighteen hundred & thirty eight at St. LouisSt Louis in said
County the said Defendants with force and arms made an assault upon the said
plaintiff & there imprisoned the said plaintiff without any legal or probable & hath so continued
to imprison him there from the day last aforesaid untill the day of the commencement
of this suit and other wrongs then and there did against-the peace and the law of the land and
the plaintiff avows that before and at the time of the committing of the said several grievances
he was and still is a free person & that said defendants detained and still detain the
said plaintiff in slavery and therefore for his liberty he sues.
G. Bird atty for Plaintiff.
And afterwards, at the November Term of said Court for the year 1839, to wit on the 18th day of February 1840 this case was continued.
And afterwards, at the November Term of said Court for the year 1840, to wit on the
21st day of January 1841, the following further proceedings were had, to wit:
James TalbotJames Talbot
DelfordDelford Benton. James C.
Musick & Prudence Musick.
Now at this day come the said defendants by
their Attorney, and the said plaintiff although
solemenly called comes not, but make default,
nor hath he prosecuted his suit with effect it is therefore considered
by the Court, that the said plaintiff take nothing by his said suit, but that
said defendants so thereof without day, and recover of said plaintiff their
costs and charges in this behalf expended and have thereof Execution.
And afterwards, at the said term of said Court, to wit on the 23, day of January 1841,
the following further proceedings were had to wit:
James TalbotJames Talbot
JamesJames C Musick & Prudence Musick
impleaded with DelfordDelford BentonBenton
By Consent of parties it is ordered that the
judgment of non suit herein rendered, be
set aside, and thereupon on motion of said
issue herein against DelfordDelford BentonBenton , accompanied with a copy of the declaration
and orders of Court made herein.
Attest Jn. RulandJohn Ruland Clk