State of MissouriMissouri County of St.LouisCounty of St Louis
This day James WaltonJames Walton appeared before me a
justice of the peace in and for the county aforesaid
and under oath that he is well acquainted
with a black man like with JamesJames Walton
WaltonJames Walton in the county of St LouisSt Louis and that the said PeterPeter was carried to the state of IllinoisIllinoisper
the state of MissouriMissouri by Henry WaltonHenry Walton
& Betsy Langford as this affidavit is
aforesaid that the said Henry WaltonHenry Walton & Betsy Langford took the said PeterPeter per this affidavit and that the
said PeterPeter remained in the state of IllinoisIllinois
per the fall until march about four months
there he was brought back to this state by GeorgeGeorge Walton WaltonGeorge Walton and further this affidavit saith not
Sworn to and subcribed before me
this 24th day of November 1827
circuit
B.Justice of the Peace
James WaltonJames Walton Jr. hisX
markTo the HonorableWilliamWilliam C. CarrCarr Judge of the
St. LouisSt Louis circuit court
Your petitionerPeterPeter a man of color that he was born a slave in the family
of William WaltonWilliam Walton and was
taken there to the state of IllinoisIllinois by and with
the of said William WaltonWilliam Walton in which
state of IllinoisIllinois he to and with Edward Langford who married the daughter of the
William WaltonWilliam Walton with the and by the
character of said WilliamWilliam until the
of the said Edward Langford per the daughter
of said WilliamWilliam , when and
of said wife of Edward Langford and daughter the
of said William WaltonWilliam Walton were brought by HenryHenry Walton
WaltonHenry Walton to the state of MissouriMissourifrom the
state of IllinoisIllinois where he has been detained
in slavery was and is now held in bondage
further states that he was carried to the state
of IllinoisIllinois by the direction and of
the said William WaltonWilliam Walton where he remained
for the month of October until the in the employment of Edward Langford and BetsyBetsy
his wife the daughter of William WaltonWilliam Walton upon
place and property he was in the state of IllinoisIllinois
who than in the state of IllinoisIllinois
and your petitioner is injured and he lives
not under the above circumstances the
laws of the county he is withheld to his freedom
and that he is now illegally and injustifiably inferred in a state of slavery by James WaltonJames Walton . He therefore prays your honor may make a
order authorizing him to and persecute a suit for his freedom according to the provisions of the statute in that are and
per ordered
X
markThe boy PeterPeter acknowledged that he made his
mark and his name was
Peter
vs
James WaltonJames Walton
Petition to be
authorized to
institute a suit against James WaltonJames Walton for his freedom. filedNovember 27th 1827
A GambleArchibald Gamble Clerk
In circuit court to
March term 1828
St. LouisSt Louis county to writ
PeterPeter a free man of color by his next friend Alexis AmelinAlexis Amelin complains of James WaltonJames Walton of
a plea of trespass. For that the said James WaltonJames Walton
on the 1st day of August in the year 1827 with force
and arms made a assault upon & in the said PeterPeter on in the said
county of St. LouisSt Louis and then
and there with great force and violence struck
the said PeterPeter a great many blows and
strikes and then imprisoned and
detained him the said PeterPeter in his possession and detained himunjustly to wit
at the county of St. LouisSt Louis; without reasonable or probable cause whatsoever of
to wit for the space of six weeks than contrary to the laws of this state and against
the will of the said PeterPeter where he the
said PeterPeter was then and there greatly bruised, hurt and
in
at the of the of the said grievances of assault and Battery and false
imprisonment to wit on the first day of August in the year 1827 at the county of St. LouisSt Louisaforesaid
He the said PeterPeter was and still is a free person and
the said JamesJames Walton WaltonJames Walton then and there held him
and obtained him and still holds and detains
him in slavery and other wrongs to the said PeterPeter
then and there did to him great damage of the
said PeterPeter and against the peace of the state
wherefore he the said PeterPeter saith that he is
injured and hath sustained damage to the amount
of $ 500 and therefore he brings suit
And the defendant by GeyerGeyer his attorney comes
and defends the force & injury where he says
that he as not guilty of the premise in manner
and form as the plaintiff hath thereof complainedagainst him and of this he puts
GeyerGeyer for deft
filed March 25th 1828A. GambleArchibald Gamble Clerk
And the plaintiff doth
the like for plaintiff
County of St. LouisCounty of St Louis
The State of MissouriMissouri
To the Sheriff of said County Greeting
We command you to summon James WaltonJames Walton that he be and appear
before the Judge of our circuit court at the next term thereof is be held
at the city of St. LouisSt Louis within and for the County of St. LouisCounty of St Louis on the fourth monday of March next then and
there to answer into PeterPeter a free man of color who sues by Alexis AmelinAlexis Amelin his next friend of a plea of trespass to the damage of the said
PeterPeter of five Hundred Dollars and have you then there this writ
Witness Archibald GambleArchibald Gamble Clerk of our said Court at
Office this Thirty first day of December 1827
Archibald GambleArchibald Gamble Clerk
St. Louis Circuit CourtCircuit Court
March Term 1828
vs
James WaltonJames Walton
This is an action of
assault & battery and
false imprisonment
for freedom issue a
summons
Archibald GambleArchibald Gamble Clerk
Executed this writ In James WaltonJames Walton Jan 30. 1828
by a certified copy of the writ & declaration left as his usual
residence with a white person over 15 years of age and a number of his
family, He the said WaltonWalton afterwards to witFeb 1. 1828acknowledge
the recent of the same & the source of this writ.
R SimpsonR Simpson Sheriff
Service $1.00This day PeterPeter a free man of color appeared before me a justice of the peace in and for the
County of St.LouisCounty of St Louis and made oath that by jurisdiction
of the circuit court of the county of St. LouisSt Louis
he has been permitted to establish suit against
James WaltonJames Walton who now claims him as a slave
establish his right to freedom, that the said
James WaltonJames Walton will not this affiant to attend his
counsel & his mentioned to kill him and this affiant
was on saturday last informed by one WilliamWilliam
Neal that he would tell this affiant and send him away and Nancy Walton the daughter of said JamesJames told this
affiant that the said JamesJames sold him
and this affiant the said
James WaltonJames Walton will remove the
from this jurisdiction of this court unless an order shall be
made to restrain him from doing so
Sworn to and subscribed28th day of January 1828
Before me.B.Justice of the peace
PeterPeter hisX
Mark JacksonJacksonState of MissouriMissouri
Third Judicial Circuit County of St.LouisCounty of St Louisss.
To James WaltonJames Walton of the County & Circuit
aforesaid Greeting
You are hereby commanded that you
the have body of PeterPeter a man of color commonly
known by the name of PeterPeter JacksonJackson
who has been permitted to institute a suit
against you to establish his right to freedom
& who has stated on oath that he believes he
will be removed out of the jurisdiction of
the court unless an order is made restraining
you from so doing in your Custody detained
as a slave, you have before me at
my ChambersChambers in the County aforesaid
on Friday the first day of Februaryuntil
then and there to do & submit to whatever
mercy be ajudged in the pendancy
Given under my hand
& Seal at ChambersChambers this 28th of January 1828.
WillWill C.CarrCarr . Judge 3 Circuit
.vs
JamesJames Walton WaltonJames Walton
Habeas Corpus
Executed this writ on James WaltonJames Walton Jan 30 1828
by leaving a certified copy thereof at his general residence
with a member of his family a white person over 15 years of age.
R. SimpsonR Simpson Sheriff
By
James BJames B Deputy Sheriff
Service $ 1.00State of MissouriMissouri
County of St. LouisCounty of St Louis
Be it remembered that on this
first day of Febuary 1828 personally came
before WilliamWilliam C. CarrCarr judge of the third judicial
circuit in the state aforesaid James WaltonJames Walton and
GeorgeGeorge Walton WaltonGeorge Walton both of the county aforesaid and
acknowledged themselves indebted to the state of
MissouriMissouri in the sum of five hundred dollars, to be
levied of their respective goods and chattel lands and
tenements upon the following condition
Whereas a coloured man by the name of
PeterPeter otherwise called PeterPeter JacksonJackson has commenced a suit of trespass, assault & battery and false
imprisonment on the circuit court for the county of St. LouisSt Louis aforesaid against him the aforesaid
James WaltonJames Walton for the purpose of trying his right
to freedom agreeably to the statute in such case
made and provided and has made oath that he fears
said WaltonWalton will restrain him of and from having
reasonable liberty of attending his counsel and also
that he will be removed out of the jurisdiction
of the court- now therefore the condition of this
recognizance is that of the said petitioner
PeterPeter shall at all times during the pendancy of
said suit have reasonable liberty of attending his
counsel and that he shall not be removed out of
not be subjected to any severity because of his
application for freedom then this recognizance shall
be void ;otherwise to be remained in full force
and effect
JamesJames Walton WaltonWalton George
GeorgeWalton George WaltonJames Walton
Taken and certifiedbefore me the day and year
aforesaid
WillWill C. CarrCarr
Judge 3 Circuit
State of MissouriMissouri
County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,
To The Sheriff Of Saint LouisSt Louis County-Greeting.
You are hereby commanded to summon HenryHenry Walton Walton
JohnJohn Walton Walton
Rebecca WaltonJohn Walton
Elizabeth Brown, Polly WaltonHenry Walton and George WaltonGeorge Walton
that, setting aside all manner of excuse and delay, they be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the Fourth day of August, at the City of St. LouisCity of St Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein PeterPeter a man of color is plaintiff,
and James WaltonJames Walton is defendant,
on the part of the Plaintiff; and have you then there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this Twelfth day ofJune in the year of our Lord, one thousand eight hundred and twenty eight
Archibald GambleArchibald Gamble
Clerk C.C.vs
James WaltonJames Walton
Supp: for HenryHenry Walton Walton
JohnJohn Walton WaltonWalton George
Rebecca Walton
Elizabeth Brown
Polly WaltonJohn Walton
GeorgeWalton George WaltonHenry Walton
for plaintiff 4th August
County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,
To The Sheriff Of Saint LouisSt Louis County-Greeting:
You are hereby commanded to summon WilliamWilliam Dawkins DawkinsWilliam Dawkins Joseph WaltonJoseph Walton George WaltonGeorge Walton and Elizabeth McDonald
that, setting aside all manner of excuse and delay, They be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 4th day of August, at the City of St. LouisCity of St Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein PeterPeter a man of color is plaintiff,
and James WaltonJames Walton is defendant,
on the part of the Defendant; and have you then there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this nineteenth day ofJune in the year of our Lord, one thousand eight hundred and twenty eight
Archibald GambleArchibald Gamble
Clerk C.C.vs
James WaltonJames Walton
for
WilliamWilliam Dawkins DawkinsWilliam Dawkins
Joseph WaltonJoseph Walton
George WaltonGeorge Walton
Elizabeth McDonald
for Defendant 4th AugustCounty Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,
To The Sheriff Of Saint LouisSt Louis County-Greeting:
You are hereby commanded to summon WilliamWilliam Dawkins DawkinsWilliam Dawkins Joseph WaltonJoseph Walton
George WaltonGeorge Walton and Elizabeth McDonald
that, setting aside all manner of excuse and delay, They be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the First day of December, at the City of St. LouisCity of St Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein PeterPeter a man of color is plaintiff,
and James WaltonJames Walton is defendant,
on the part of the Defendant; and have you then there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this eighth day ofOctober in the year of our Lord one thousand eight hundred and twenty eight
Archibald GambleArchibald Gamble
Clerk C.C.vs
James WaltonJames Walton
for
William DawkinsWilliam Dawkins
Joseph WaltonJoseph Walton
George WaltonGeorge Walton
Elizabeth Mcdonald
1st December for DefendantExecuted on JamesJames Walton WaltonJames Walton Nov 7 on William DawkinsWilliam Dawkins
and Elizabeth McDonaldNovember 19 1828 by
reading to them the same. George WaltonGeorge Walton
not found
R SimpsonR Simpson Sheriff
by
BrothertonBrotherton , Deputy Sheriff
Service 1.50County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,
To The Sheriff Of Saint LouisSt Louis County-Greeting:
You are hereby commanded to summon Henry WaltonHenry Walton
that, setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , forthwith, at the City of St. LouisCity of St Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein PeterPeter a colored man is plaintiff,
and James WaltonJames Walton is defendant,
on the part of the deft; and have you then there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this second day ofDecember in the year of our Lord, one thousand eight hundred and twenty eight
Archibald GambleArchibald Gamble
Clerk C.C.vs
James WaltonJames Walton
Henry WaltonHenry Walton
for Defendant
forthwith
Executed this writ on Henry WaltonHenry Walton by
reading to him the same December 2nd 1828
R SimpsonR Simpson Sheriff
Service 1.50County Of St. LouisSt Louis, Sct.
The State Of MissouriMissouri,
To The Sheriff Of Saint LouisSt Louis County-Greeting.
You are hereby commanded to summon JohnJohn Walton WaltonJohn Walton
that, setting aside all manner of excuse and delay, he be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the First day of December, at the City of St. LouisCity of St Louis,
then and there to testify and the truth to say in a certain matter of controversy now pending in our
said Court, wherein PeterPeter is plaintiff,
and James WaltonJames Walton is defendant,
on the part of the plaintiff; and have you then there this writ.
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 27th day ofNovember in the year of our Lord one thousand eight hundred and twenty eight
Archibald GambleArchibald Gamble
Clerk C.C.vs
James WaltonJames Walton
of
John WaltonJohn Walton
1st Decemberpltff
Executed on JohnJohn Walton WaltonJohn Walton November 27 1828
by reading to him the same
R SimpsonR Simpson Sheriff
by
BrothertonBrotherton Deputy Sheriff
County of St. LouisCounty of St Louis In the Circuit CourtCircuit Court
who has for his freedom an application for freedom
vsJames WaltonJames Walton
The above named plaintiff being sworn
on his oath saith that Polly Walton of William
Walton, and John WaltonJohn Walton material witness for the said
defendant, had been summoned as writ on behalf of this
deponent in the trial of the above case, that when the case
came on to trial, on wednesday the tenth in that, this deponant
caused the said witness to be called, and or finding that
they were not attending, he was about to apply for a continuance
of his case on the ground of the absence of said witnesses
HenryHenry Walton WaltonHenry Walton and James WaltonJames Walton the defendant
represented to him the deponant, that the testimony of the
said Henry WaltonHenry Walton was all to prove him entitled
to his freedom, and that he the said Henry WaltonHenry Walton could
prove all be intended to prove and establish by the above
named DollyDolly WaltonWalton and John WaltonJohn Walton , that relying on
the statement of the said Henry WaltonHenry Walton and James WaltonJames Walton he did
relinquish his first plan of applying for a continuance and
agreed to go on to trial upon the testimony of the said HenryHenry Walton
WaltonHenry Walton , then on the trial, the testimony of the said Henry WaltonHenry Walton
proving ineffective (he falling short of the expection of this -
deponent the jury brought in a verdict against the said
defendant and this deponant further saith not
Sworn to & subscribed this
15th day of December 1828
Before me
H.
PeterPeter hisX
mark WaltonWaltonvsJames WaltonJames Walton
The plaintiff PeterPeter moves to aside the and for a new trial
for the following For that the said PeterPeter was for
a by the upon on
James and HenryHenry Walton
WaltonHenry Walton who was the for trial told
this affiant that be sent not certain
his case on account of the absence of witnesses
vsJames WaltonJames Walton
affidavit for new trial
Not theyHenryHenry & GeorgeGeorge would prove ill that he
could establish & the of the absent witness
which still not this affiant to go to
trial & when the case came on and & the
said GeorgeGeorge & HenryHenry and , they contrary to what the and contrary to that
he could have established his above
witnesses who had been regularly been named
and for other reasons
vs
WaltonWalton
for
under his suit
Archibald GambleArchibald Gamble Clerk


