The Petition of VincentVincent a then Vincent DuncanVincent Duncan
represents to your Honor that he is entitled to his freedom
but he is claimed as a slave & held in slavery by JamesJames Duncan DuncanJohnJohn Duncan
DuncanJohn Duncan &ColemanDuncanJames Duncan . Your petitioner Supposed
untill lately that he was claimed as a slave solely
by JohnJohn Duncan DuncanJohn Duncan . but said James & Coleman have
both lately claimed your Petitioner as a slave
& demands pay for his hire & in demand to hire himas
a slave. Your Petitioner further says that said
James DuncanJames Duncan has lately informed your Petitioner
that he said JamesJames claimed your Petitioner as a
slave Your Petitioner it is the intention of said
JamesJames Duncan DuncanJames Duncan to take your Petitioner to New OrleansOrleans & there
sell him as a slave Your Petitioner states that formerly
he was the slave of Jesse DuncanJesse Duncan deceased take of the
State ofKentucky KentuckyKentucky & that same time in 1815 or 1816 while he was the slave of said JesseJesse . he said JesseJesse took
your petitioner into the state of IllinoisIllinois & hired him out
there to Labor. that your petitioner continued to Labor
there at the instance & for the Counties of said JesseJesse untill
his death which took place some time about the year
1818 or 1819 your Petitioner further saith that after the
death of said JesseJesse he continued to Labor in the state
of IllinoisIllinois untill late in December 1825 & that he Labored
there at the instance & for the bounties of the heirs of
said JesseJesse your Petitioner further saith that in 1826
he was brought into this state & hired out by said
JamesJames Duncan DuncanJames Duncan since then he has Labored in MissouriMissouri
& that JohnJohn Duncan DuncanColeman Duncan & James-
DuncanJohn Duncan have receivd his wages & all aparised a
can your Petitioner. Your Petitioner prays that
he may be presented to institute suit as a poor person
to establish his freedom that counsel may be assigned
to him & that such order may be made for his security
as the Law & his case requires.

This fifth day of November 1829 came before Me the Petitioner &
Made oath that the facts in the forgoing Petition
stated are according to the best of his knowledge & belief

I WilliamWilliam C CarrCarr Judge of the CircuitCircuit Court
CourtsCircuit Court for the third Judicial CircuitsCircuit Court of the
[ the ] State of MissouriMissouri do order that the foregoing Petitioner
Vincent DuncanVincent Duncan be permitted to sue as a poor person to
establish his freedom and I do assign GustavusGustavus A Bird A BirdGustavus A Bird
as his Counsel to institute & prosecutedhis suit
and I do Moreover order that said Vincentt have reasonable
Liberty to attend his counsel & the Courts when occasion
may require and that the said VincentVincent shall not be taken
or removed out of the Jurisdiction of the Courts nor be
subject to any security because of his application for
freedom at my chambers Nov. 6. 1829.

Whereas Vincent DuncanVincent Duncan has this day presented to me
his petition for & has been permitted to sue to
establish his freedom & whereas the said VincentVincent has
stated on oaht that he it is the intention
of James DuncanJames Duncan to take him to New OrleansOrleans & sell
him there as a slave you are therefore commanded
to take the body of said VincentVincent & bring him before
me at
that such order may be made in his behalf as
the law requires; and do you summon JamesJames Duncan
DuncanJames Duncan to be & appear before me at this time

Greeting

VincentVincent other cause Vincent DuncanVincent Duncan
complains of James DuncanJames Duncan for thats the
said JamesJames heretofor to suits on the [ the ]tenth day of March 1826at StSt Louis LouisSt Louis with force & arms
made an assault upon him said VincentVincent & then
& there beat bruised & chained the said VincentVincent
& then & there informed him the said VincentVincent
in prison there and without any reasonable or
probable cause for a Long space of
time to courts from the saidtenth day of March 1826 untill this tenth day of during jury
day between during the high time of
said JamesJames has force & arms beat bruised
chained & ill treated said VincentVincent contrary to
the Laws & customs of the State of MissouriMissouri & against the will of said VincentVincent
And the said VincentVincent ours that before and at the time of the committing of the said
grievance he was & stillis a free person
and the said James DuncanJames Duncan hold & detained and
still detains & holds the said JamesJames in slavery
to the Damage of the said VincentVincent five
hundred dollars therefore he sues &c

We Command you to summon James DuncanJames Duncan that he be and appear
before the Judge of our Circuit CourtCircuit Court at the next term thereof to be held
at the City of Saint LouisSt Louis within and for the Country of Saint LouisCountry of St Louis on

the fourth Monday of November instant then and there to answer
into VincentVincent otherwise Vincent DuncanVincent Duncan of a plea of trespass
assault and battery and false inprisonment to the damage of
the said VincentVincent of Five Hundred dollars and have you then there
this writ

I WilliamWilliam C CarrCarr Judge of the Circuit CourtCircuit Court for the third Juidicial Circuit of the
State of MissouriMissourido order that the foregoing petitioner Vincent DuncanVincent Duncan be permitted to sue as a poor person
to establish his freedom and I do assign GustavusGustavus A Bird A BirdGustavus A Bird as his counsel to institute and prosecute
his suit and I do moveover order that said VincentVincent have reasonable liberty to attend his counsel
and the Courts when occasion may require and that the said VincentVincent shall not be taken or
removed out of the Jurisdiction of the Court nor be subject to any severity because of his
application for freedom- at any chambers Nov 6th 1829

This is an action of
trespass assault & battery
& false imprisonment
Damages $500 the clerk
will please issue a
summons to

Executed this writ on James DuncanJames Duncan in the city of St LouisSt LouisNovember 6 1829 by
to him the Declaration & summons and order of the Judge

And the said James DuncanJames Duncan by E Baty
his attorney cause & defends the force & injury
when he and says that he is not guilty of the supposed
wrongs & grievances above laid to his charge, insurance & form as the said plaintiff has above in complaining
alleged against him, and of then he puts himself
upon the county &c
& Plaintiff doth the like La E A Bradly for plff

And for a further plea in this behalf the
said James DuncanJames Duncan says that the said VincentVincent
ought to be named upon himself DuncanDuncan
by action aforesaid against him the said JamesJames ,
because he says that the said VincentVincent , at the time of
the commencement of his action aforesaid was & still
is a slave, without this that the said VincentVincent
of the said time was a free person, as in his
declaration is above supposed and of this he puts
himself upon the County &c

plea

1. Not Guilty
2 plff: a clamed

Judgement for defendant Book 6 page 52July 1820

James James James 270

Verdicto Judge for plff-7-183 181

386 410	5 411
Book 5	5 415
	6 52.
	6 53.
	6 50.
	6 69.
	6 80.
	6 220.
	6 270.
	6 302.
	6 308.

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by James DuncanJames Duncan or VincentVincent
otherwise Vincent DuncanVincent Duncan their
attorney or agent, and him, her or them examine upon his, her or their corporal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein VincentVincent a man of Color is plaintiff and JamesJames Duncan
DuncanJames Duncan is defendant on the part of the said Defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.

On motion of the Attorney of
the said Defandant it so ruled that a Dedimus issue
to any Judge or Justice of the peace of the StateKentucky
ofKentucky KentuckyKentucky to take the dipositions of Witnesses
to be read on the trial of this cause on the part
of the said defendant
A true Copy of the order

The deposition of above AlexanderAlexander Miller
ColemanColeman Duncan DuncanColeman Duncan Bunyan Pritchett and
John DuncanJohn Duncan taken at the house of John
Laffoun Esqr in the County of HopkinsCounty of Hopkins and State ofKentucky
KentuckyKentucky On the 3rd day of January 1830 to be
Read as Evidence On the trial of a suit at law Depending in the Circuit CourtCircuit Court of St. Louis County
In the State ofMissouri MissouriMissouri wherein VincentVincent alias
In Plaintiff and YarmesDuncanDuncan is Defendent
for assault and [ Ballery ] and false imprisonment
Abner west Being of Lawfull age and first
Duly sworn deposeth and Says

By Defendant Term
do or do you not Know that VincentVincent the
Reported Plaintiff is and was a Slave one
of the number Belonging to the estate of JesseJesse Duncan DuncanJesse Duncan Deceased the father of the
Deft James DuncanJames Duncan

Answer I do-

By Same do or do you not know that he
was hired at the SalineSaline Salt works in
IllinoisIllinois

Answer I understood it so by the Boys
Question By Same deorded not VincentVincent after
he was some time at the SalineSaline Become disobedient and Refuse to Return to the
Service of his master James DuncanJames Duncan

Answer yes he did

By Same To or is not JamesJames Duncan DuncanJames Duncan the deft
the Son of the deceased JesseJesse Duncan DuncanJesse Duncan
Answer. I Believe it

Question By Same do or do you not know
that I Ever Rec. one year have from any
one in the Saline Lick for the sources of
said VincentVincent

Answer I do not

Question By same do or do you not know
that I need frequently to Get said VincentVincent
a way from the SalineSaline lick and could not

Answer I do know it for I was with him
Aurther this deponent SayethSayeth not

Also the Depositioin of AlexanderAlexander Miller
taken at the Same have and plan Being
of lawfull age and first Duly Sworn
Deposeth and SayethSayeth

Question By Deft do or do you not know that
VincentVincent the Refuted Plaintiff is and was a slave
one of the number Belonging to the Estate
of JesseJesse Duncan DuncanJesse Duncan deceased father of the Deft

Answer I do

Question By Same is or is not JamesJames Duncan DuncanJames Duncan
the Deft Son of the DeceasedJesse DuncanJesse Duncan
Ansr he is

Question By Same do or do you [ knot ]know whether
J. Dun any thing for the hire of said
VincentVincent or not Answer. I do not

Question By Same do or do you not know
that I have frequently tried Get said
VincentVincent from the lick and could not

Answer I have Generaly under stood so

Question By Same Have or have you not
frequently while said VincentVincent was at thehired
at the lick that he Run about there &
done as he pleased| Answer I have
further this Deponent SayethSayeth not Alex Miller Mike

Also the deposition of BenjaminBenjamin Pretchett they
Deponent Being of lawfull age and first
Duty Sworn

Question By Deft did or did you [ knot ]
have a conversation with VincentVincent
the Reported Plaintiff
In this Case and did he not tell you not conversation
that he had Ruled
=arn and on Business within himself
previous to the year 1825 Bunyan Pritchett

Ansr. he did and further this deponent SayethSayeth not.

Page 4th
1830 not the 3rd February and Commenced at 2 oclo
ck and adjourned untill tomorrow
not Agreeable to adjournment February 4th
and and commenced 1/2 after 12 on said 4th day of febr. 1830, the deposition of JohnJohn Duncan
DuncanJohn Duncan who Being of lawfull age
and first Duly Sworn deposeth and say

Question By Deft

do or do you not know
that VincentVincent the Reported plantiffs is
And was a slave one of the number
Belonging to the estate of Jesse DuncanJesse Duncan
Decd. the father of the DeftJamesJames Duncan DuncanJames Duncan

Ansr. he was

Question by Same do or do you not know
that he was hired at the SalineSaline Salt works
in IllinoisIllinois and Run about there and
done as he pleased and that the defendant
JamesJames Duncan DuncanJames Duncan one year here
for him during his stay there nor no
other person for him

Ansr. I do

Question By Same did or did not VincentVincent
after he was Some time at the SalineSaline
Became disobedient and and Refused to Return
to the sources of his masterJamesJames Duncan DuncanJames Duncan

Ansr. he did

Question By Same

Is or is not James DuncanJames Duncan the Deft the
son of the Deceased JesseJesse Duncan DuncanJesse Duncan

Ansr. he is

Question By Same, did or did you not
Bring VincentVincent the Plantiff from the SalineSaline
lick in 1825

Answer. I did

Question By Same did or did you not
put Sd. VincentVincent in the possession of JamesJames Duncan
DuncanJames Duncan in February 1826 to Sell here or
Dispose of as the Deft JamesJames Duncan DuncanJames Duncan
thought proper

Ansr. I did

Question By Same did or Did you not hear
VincentVincent the Plaintiff in this Case Say that
JamesJames Duncan DuncanJames Duncan the Deft and HarryHarry K laus
Caught him in the Satine Boundry to Bring
him home But he persuaded with them
to let him stay a few days untill he
could Collect his money and he would
come home and did he not fail in so
doing. AnswerI did
hear him Say so and that he did fact
to come home
John DuncanJohn Duncan

further this deponent sayeth not

page 6th
the Deposition of ColemanColeman Duncan DuncanColeman Duncan taken in
the Same Case the Deposition of Deponent
Being of lawfull age and first Duly Sworn

Question By Deft

do you or do you not know that
VincentVincent the Reported Plaintiff is and was a slave and one
of the number Belonging to the Estate of JesseJesse Duncan
DuncanJesse Duncan deceased the father of the [ Defindant ]

Answer, he was

Question By Same, do you or as you [ knot ]
know that he was hired at the SalineSaline Salt works
In IllinoisIllinois

Answer, he was,

Question By Same, did or did not VincentVincent
after he was some time at the SalineSaline become
disobedient and Refuse to Return to the service
of his master James DuncanJames Duncan

Answer I knew the negro was there and
they could not get him away

Question By Same

Is or is not James DuncanJames Duncan the Deft
the son of the Deceased Jesse DuncanJesse Duncan

Answer, he is.

Question By Same. did or did not you
know that John DuncanJohn Duncan Brought Vincent
the plaintiff from the SalineSalinelick in 1825

Answer. he did

Question By Same
did or did you not know that JohnJohn Duncan
DuncanJohn Duncan put VincentVincent the plantiff into
the possession of James DuncanJames Duncan in 1826to hire or
to Despose of as he thought [ propper ]
Coleman DuncanColeman Duncan

Answer he did

further this deponentsayeth not
the foregoing deposition of Abner West
AlexanderAlexander MillerColeman DuncanColeman Duncan
BenjaminBenjamin Pretchett and John DuncanJohn Duncan
was this day and yesterday Laker subscribed
and Sworn to by the Deponents Before the
under assigned a Justice of the Peace for
said County at the time and place
And for the purpose Stated in the
and within the Hours Stated in the notice hereunto commenced
Given under my hand this
4th Febr. 1830

I SamuelSamuel WoodsonWoodson clerk to the Court for the County ofCounty of Hopkins
HopkinsCounty of Hopkins aforesaid do hereby certify that John BJohn B . Laffoon esq.
before whom the foregoing depostions appear to have been taken
and whose name is subscribed to the foregoing certificate
is and was at the time of taking said depositions an
acting Justice of the peace in &for said County and that
fullfaith and credit are due and ought to be given to
all his acts when acting in his official character as
in Courts of Justices as therewith

opened and filed
March 29th 1830

Action of assault & battery & false
imprisonemnt (for freedom)

The above named VincentVincent & G. A. Bird esquire his at
=torney will take notice that on the twenty fifth day of December
next, between the hours of nine oclock in the morning & five
in the afternoon of that day, & on the three succeeding days, be
=tween the same hours- at the SalineSalineTavern, in the CountyCounty Gallatin
of GallatinCounty Gallatin & StateIllinois of IllinoisIllinois - and also on the twentieth
day of December next, between the hours of nine in the
morning & five in the afternoon, and on the three
succeeding days, between the same hours, at the house
of John Laffoon esqr, in the County of HopkinsCounty of Hopkins &
StateKentucky of KentuckyKentucky, Depositions of witnesses will be
taken, in pursuance of rule & writs of dedimus
potestatem, made & issued by the Circuit CourtCircuit Court
of St Louis County, to be read in evidence on the trial
of the above named cause, on the part of the Defend
ant.

Notice to take Depositions
on the part of the Deft. 26. Nov: 1829

We, reposing special trust and confidence in your integrity and circumspection, do require and command you that you
cause to come before you such person or persons as shall be named to you by James DuncanJames Duncan or VincentVincent otherwise
Vincent DuncanVincent Duncan their attorney or agent, and him, her or them examine upon his, her or their corpal oath (to be by you administered) touching
their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court , for the
county of St. LouisSt Louis, wherein VincentVincent alias Vincent DuncanVincent Duncan is plaintiff and JamesJames Duncan
DuncanJames Duncan is defendant on the part of the said Defendant and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commission enclosed under your
seal, to our said circuit court, with all convenient speed.

On motion of the Attorney of
the said defendant it is ruled that a Dedimus
issue to any Judge or Justice of the Peace of the
State of IllinoisIllinois to take the depositions of witnesses
to be read on the trial of this cause on the part
of the said Defendant

In Obedience to a dedimus
potes
tatum from the Circuit CourtCircuit Court for the County of St LouisCounty of St Louis StateMissouri
of MissouriMissouri, and in conformity to a notice herewith [ inclosed ] I
Leonard WhiteLeonard White one of the Justices of the peace in and for the
County of GallatinCounty of Gallatin aforesaid Proceeded to cause to come before
me certain witnesses at the SalineSaline Tavern in said County and
took the following depositions to be read in evidence in a
suit now pending and in determined in the County of St LouisCounty of St Louis
and State of MissouriMissouri wherein VincentVincent otherwise VincentVincent Duncan
DuncanVincent Duncan is plaintiff and James DuncanJames Duncan is defendant, to wit
Lee Hanjnour who being of Lawfull age and first duly
sworn upon the Holy Evangelist deposeth and saith as
follows. That in the year 1823 he hired VincentVincent a man of colour
to Labour for him at the SalineSaline, he VincentVincent informed the depon
ant that he had hired his time of his master, (DuncanDuncan )
and engaged to work six months, after working part of the
time he left deponants service, and shortly after his Master
DuncanDuncan came to SalineSaline with the intention of taking VincentVincent
home, but deponant agreed to go security to DuncanDuncan for the
hire that VincentVincent was to pay his master, as for as the ways
of the six months would go, upon that DuncanDuncan agreed to let him
stay & VincentVincent agreed to work out the [ ballance ] of the time,
shortly after the expiration of the six months, DuncanDuncan return
ed again and directed him VincentVincent to go home to KentuckyKentucky.
But he VincentVincent from one pretence or other failed to go, and
as much as two or three times his master was after him to take
him home, and wrote to deponant requesting him to hire some person
to take him if he would not go of his own accord, and he VincentVincent
would make fair promises that he would go and afterwards
evade them and shirk about, and upon the whole was a trifling
fellow, and further this deponant saith not

adjourned[ untill ] tomorrow morning Eleven
Oclock, The deposition of Willis Hanjnour
taken as above in the same case deponant being
of Lawfull age and first duly sworn deposeth
and saith he knew VincentVincent a negroman belonging
to DuncanDuncan of KentuckyKentucky,, he was at SalineSaline for several
years and appeared to do pretty much as he pleased

at one time DuncanDuncan got deponent to assist him to take
VincentVincent for the purpose of taking him home
and we [ tyed ] him but whether he did at that time
force him off or not I he does not recollect, but
VincentVincent begged very much to stay a little lon
ger as he said to settle his business and that
he would have went home as soon as that
was done at any rate and from the conver
sation of VincentVincent & his Master it appeared
that there had been a good deal of deception
on the part of VincentVincent or this subject and
that DuncanDuncan had got quite out of patience
with his false pretences, & further this de
ponant saith not

The Deposition of DanielDaniel Wood taken as afore
said to be read as evidance in the same case
The Deponant Wood being of [ Lawfull ] age and first
duly sworn deposeth and saith, That he well knew
a negro man by the name of VincentVincent who I understood
belong to DuncanDuncan of KentuckyKentucky he VincentVincent worked as a hireling
for Frank hunger at this place SalineSaline Salt works for some
time and at a number of other places during my knowledge
of him; I understood that he belong to DuncanDuncan from both
parties so much so that there was no question of it
DuncanDuncan received his wages and I have heard DuncanDuncan di
rect him to go home and I once knew of VincentVincent Trading
for a horse to go home on, DuncanDuncan would come to this place
with his [ waggon ] for Salt on account of his hire and fre
quently when he would come he would have to wait on
VincentVincent several weeks before he could get a [ waggon ] load
and in short he done pretty much as he pleased but al
ways acknowledged he belonged to DuncanDuncan & further
this deponant saith not

We, reposing special trust and confidence in your integrity and
circumspection, do require and command you, that you
cause to come before you such person, or persons, as shall be named to you by VincentVincent or by James DuncanJames Duncan their
attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administered,) touch-
ing their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court ,
for the county of St. LouisSt Louis, wherein VincentVincent (a man of color) is plaintiff and James DuncanJames Duncan
is defendant, on the part of said plaintiff, and having reduced
depostion so taken by you as aforesaid, into writing, you are required to send the same, together with this commission,
enclosed under your seal, to our said Circuit CourtCircuit Court , with all convenient speed.

On application of the attorney for the plaintiff it is Ruled that
a Dedimus issue to any Judge or Justice of the peace of the State ofIllinois
IllinoisIllinois to take the depositions of Witnesses to be read on the Trail of the
above cause on the part of the plaintiff

In the Circuit CourtCircuit Court of St Louis
County & StateMissouri of MissouriMissouri action
of assault & Battery & Suit for Freedom

To the above named Defendants & his attorney Eduard
BatesBates Esquire

Take notice that pursuant to a rule &
a dedimus to take depositions of witnesses duly issued in
this cause I shall on the With in the 12th & 13th15th 16th 17th & 18th days of of Marchwitness instant between the hours of 9 Oclock in the fore
noon & 6 Oclock in the afternoon of each of said days
at the office of WilliamWilliam JJ Gatewood GatewoodJ Gatewood Esquire in the town
of Equality CountyCounty Gallatin of GallatinCounty Gallatin & StateIllinois of IllinoisIllinois
province to take the Depositions of Witnesses to be read in
evidence in this cause St LouisSt LouisFebruary 25thMarch 4th 1830

To the above named Defendants & his attorney Edward BatesEdward Bates Esquire

Taken notice that pursuants to a rule & a Dedimus to take Depositions
duly issued in this cause I shall on the 15th 16th 17th & 18th days of March instants between the hours 9. O clock in the fore
--noon & 6 Oclock in the afternoon of each of said days
at the office of WilliamWilliam JJ Gatewood GatewoodJ Gatewood Esquire in the town of
Equality County of GallatinCounty of Gallatin & State of IllinoisIllinois proceed to
take the Depositions of Witnesses to be read in evidence
in this cause StSt Louis LouisSt LouisMarch 4th 1830

Notice Served on Defts
atty March 4th 1830

Depositions

Leo WhiteWhite

Equality Ill
Jany 30th

DanielDaniel Wood
Lee HargraveLee Hargrave
Willis HargraveHargrave
for deft

MissouriMissouri
Opened & filed April 1st 1830.

I JamesJames Caldwell CaldwellJames Caldwell clerk of
the County Commissions Court in and for said CountyCounty of Gallatin
ofCounty of Gallatin GallatinCounty of Gallatin do Certify that LeonardLeonard White WhiteLeonard White whose
name is signed to the foregoing depositions is and was
at the time of taking said Depositions an acting Jus
tice of the peace in and for said County and that
full faith and credit is done to his official acts when
given as such In testimony whereof I have hereunto

The Depositions of witnesses produced sworn and Examined
on the fifteenth and sixteenth day of March in the year of our Lord eighteen hundred and thirty be
tween the hours of nine Oclock in the forenoon and
six Oclock in the afternoon of each of said days
at the office of WilliamWilliam JJ Gatewood GatewoodJ Gatewood in the Town of
Equality CountyCounty Gallatin of GallatinCounty Gallatin & StateIllinois of IllinoisIllinois
before me Leonard WhiteLeonard White a Justice of the peace
within and for said County to be read as evidence in
a certain cause depending in the Circuit Court of the
County of St LouisCounty of St Louis in the State of MissouriMissouri between
VincentVincent a man of Colour plaintiff & James DuncanJames Duncan
defendant. On the part of the plaintiff pursuant to notice Gen. Willis
HargraveHargrave

of Lawful age being produced examined
and sworn on the part of the plff deposes and says
(in substances as follows)

Question by Plffs atto.
Hour Did you know the plff
VincentVincent who has sued for his freedom. Answr. I do

Question by Same describe him can you describe him

Answr. yes he is a large Black fellow with
thick lips I think about five foot nine or
ten inches high, I think he had brothers (names not
recollected.

Question by Same To whom did he belong and by whose authority
was he hired at the SalineSaline Salt Works when you
Knew him.

Answer. he belong I think to John or James DuncanJames Duncan
as they were both in the habit of coming
to this place, but knows nothing further on
that subject than hear say.

Question by Same

Do you or not know how long he was
hired and remained at any one time in or
at the SalineSaline Salt works by DuncanDuncan In the State ofIllinois IllinoisIllinois

Answer I do not. he was here there on for several years
at different times, but how long at any one
time I cannot say, the General rule of
hiring hands at this place was for six
months at a time he has been here as
above off and on from 1817 to 1825and

but do not recollect of seeing him here since.

Question by Same Doyou were you or were not a resident
of at the SalineSaline works at that time and do you or not
know that sd. Duncan Vincent was ever removed from sd. works
until his final by removal by sd.DuncanDuncan

Answer I was a resident a principal part of the
time and they frequently went home
but how often I dont know is and cant
say how long at any one time he remained
hire. and further the deponent saith
not

Marmaduke S Enomingen of lawfull age
being produced andexamined and sworn on the
part of the plaintiff diposes and says
that he knew VincentVincent a negro man who by com
mon report belong to Duncan of KentuckyKentucky Vincent
is a Stout Black fellow with thick lips a scar
over one of his Eyes.I have known him from
1821 to 1825inclusive.I never knew of his being
in KentuckyKentucky[ altho ] he has been absent from
here several weeks at a time, and further this deponant saith not

Leo HargraveHargrave of Lawfull age being produced sworn
and examined on the part of the plaintiff says
that he knew VincentVincent a negro man who by
common report belong to JohnJohn Duncan DuncanJohn Duncan of
KentuckyKentucky he VincentVincent is a Stout almost Black fellow
with thick lips I have known him from 1821 to
1825inclusive I believe he left here in 1825 and
I think during that time he went to KentuckyKentucky
once but am not certain of that, and further
this deponent saith not

Opened filed 30 March1830

Sworn & subscribed to before me at the place & between
the hours first aforesaid this 15th day of March 1830

TimothyTimothy Guard of law full age being produced
sworn and Examined on the part of the plaintiff
sayeth, he knows nothing about the the man
VincentVincent that he has been in the habit for
many years past of hiring a number of hands
both white and black, but has no recollection
of this man VincentVincent & further this depo
nent saith not

I Leonard WhiteLeonard White a Justice of the Peace whithin and for
the CountyCounty Gallatin of GallatinCounty Gallatin & StateIllinois of IllinoisIllinois Do hereby certify
that Willis HargraveHargrave MarmaduckS Enomingen
Lee Hargrave & Timothy Guard the deponents
were by me severally sworn to testify the whole truth
of their knowleoge touching the matter in controversy
aforesaid,that they were examined & their examination
reduced to writing and by them respectively subscribed in
my presence on the days between the hours and at the
place in that behalf first aforesaid

I James CaldwellJames Caldwell clerk of the county
Commisioners court in and for
the county and State aforesaid do hereby certify that
the above named LeonardLeonard White WhiteLeonard White is and was an
acting Justice of the peace at the signing of the
above instrument of writing and that rule foth
and credit is and ought to be
placed in all his official acts
in witness whereof I have hereunto Sct
my hand and affixed the official seal
at Equality this 19th March 1830

You are hereby commanded to summon Coleman DuncanColeman Duncan
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 fourth day of August at the CityCity of St Louis
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 VincentVincent a man of color is plaintiff,
and James DuncanJames Duncan is defendant, on the
part of the plaintiff; and have you then there this writ.

Coleman DuncanColeman Duncan not found in my
County

for plaintiff

James DuncanJames Duncan personally appears before
me Lee White Justice of the peace within and for the county of StSt Louis
LouisSt Louiswho being duly sworn on his word saith that Joe and
RalphRalph black person the slaves of Coleman DuncanColeman Duncan are runaway
I have and know futher about the CountyCounty of St Louis ofCounty of St Louis St LouisCounty of St Louis and
that he verily believes that the said Negroesare now hid
within said County and at the house of Gustavus AGustavus A Bird
BirdGustavus A Bird in the city of St LouisSt Louiswe further saith not

Whereas James DuncanJames Duncan hath this day made oath
before the Justice of the peace within and for the
County aforesaid that the saidRalphRalph his coloured man (negroe
the slave of ColemanColeman Duncan DuncanColeman Duncan are runaway and are hid
within said county at the house of Gustavus AGustavus A Bird BirdGustavus A Bird , these
are therefore to command you that taken with you the
Power of the county of the same as he shall
think fit and and apprehend them him the said
runaway slave Joe & Ralph and them the said slaves
to commit to the common Jail of the County aforesaid
to be dealt with according to law-

Warrant of apprehension

Joe & Ralph Surrendered themselves to me and are now
in Jail-They claim to be free men_ have sued for
their freedom and have been ordered to be hired out
untill the termination of the suit by the Hon Judge
CarrCarr .

You are hereby commanded to summon JosephJoseph Niswander
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 4th day of August at the CityCity of St Louis
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 Circuit CourtCircuit Court , wherein VincentVincent a man of Color plaintiff,
and James DuncanJames Duncan is defendant, on the
part of the plff; and have you then there this writ.

JosephJoseph Niswander
4th Aug.
for Plff

The within JosephJoseph Niswander not
found Augt. 16. 1830

Take notice that
on the thirtieth dayThirty first of Julyinstant at the office MaryMary
P Le Loua lasten of in the City of St LouisCity of St Louis
between the hours of eight & ten O clock in
the forenoon of that day I intend to take
the Depositions of the witness to be read in
evidence on the trial of this cause
July 27th 1830

Both sworn on the 28th day of July 1830
came before me Mr GustavusGustavus A Bird A BirdGustavus A Bird a Justice of the
Peace in aforesaid county Alpha O Abbay &
on his oath says that this day in said County &
in the city of St LouisSt Louis be Served the written notice on the within named
DuncanDuncan by reading it to him & leaving with him
a copy of the same

The deposition of Reason Neighswonger taken before me a Justice of the CountyCircuit Court
CourtCircuit Court in and for the county of St LouisSt Louis in the State of MissouriMissouri, pursuant to the
annexed notice, on the thirty first day of July in the year of our Lord One thousand eight hundred and thirty between the hours of eight and ten of the clock of the
forenoon of the said day, at my office in the city of St LouisSt Louis in said county
to be in evidence on the part of the plaintiff, in the above title

Reason Neighswonger, of lawful age, being produced, examined & sworn
on the part of the plaintiff, deposes & says, that he has known the plaintiff who
is here present for nine or ten years certain, that he first knew him at the SalineSalinelick
in the State of IllinoisIllinois, that he knew him there at the time the convention to form
or constitution for the State of IllinoisIllinois, that he knew said plaintiff some few days
before that time, but does not know how long, that the plaintiff at that time that
was claimed as the slave of one DuncanDuncan in the State ofKentucky KentuckyKentucky, and is hired
to work at the said SalineSaline as this affiant understood from the son of said DuncanDuncan
that in a conversation between said affiant and a son of said DuncanDuncan
that in a conversation between said affiant and a son of said DuncanDuncan , whose name
said affiant does not now recollect, this affiant propose to purchase the plaintiff,
and offered him a Mill valued at five hundred and fifty dollars for said plaintiff,
he agreed to take it, but that in a conversation shortly after had with the said son of
the said DuncanDuncan he the said Son Stated that the said plaintiff was to be free at his
father's death, and this affiant further states and says that the said son of the
said DuncanDuncan , at the time this conversation took place had Drank pretty freely
and was little intoxicated; Inconsequence of this declaration and information
received from W Robert Frankhouser, that the plaintiff was entitled to his
freedom, this affiant refused to trade for the said plaintiff, that this affiant
says that he knew the said plaintiff at the said SalineSaline for about three or four
consecutive years, that said plaintiff during that period worked at the SalineSaline
aforesaid and that the greatest part of the time with this affiant, who was
assisted by said plaintiff in the laying tubes for conducting Salt water to the furnace,
that to the best of the Knowledge of this affiant, the said plaintiff remained in
the State of IllinoisIllinois during the time aforesaid to wit three or four years.
Without leasing said State. that said plaintiff laboured for said Frankhouser
for better than a year during which time said deponent was in the employ of
said Frankhouser is a CarpenterCarpenter , that said plaintiff was also employed by one
RichardsonRichardson . That said plaintiff together with one Bobb Smith, a black man
rented a SalineSaline and worked it on their own account for about two or three
months

that the aforesaid RichardsonRichardson kept a tavern and that the plaintiff remained in
his employ something like two or three weeks as for as this deponent can recollect.

Question by plaintiff, Is your recollection distinct as to the date & time that you
have spoken of? Answer, No. that the time is so long sinceelapse that
he cannot recollect. Question. by Same, Where is your place of residence
Whom you are at home or where do you now reside? answer, in like County
State ofIllinois IllinoisIllinois and about three miles from NaplesNaples about one hundred and ten
or fifteen miles from this city of St Louis County aforesaid

Question by the defendant. Did you know the plaintiff at the time the
convention of the State ofIllinois IllinoisIllinois to form a constitution sat? Answer I knew
the plaintiff at the time the convention or in about that time, I do not know
Who brought him there, I understood he was from KentuckyKentucky, the first time I saw
the plaintiff he was at the SalineSalineTavern and General Hardgraves,and
but do not know in whose employ said plaintiff was, said plaintiff was working
about said Tavern and worked with him many says, that said deponent
was employed by Frankhouser and during that time the said plaintiff worked with
him the said deponant and believes that the plaintiff was then employed by said
Frankhouser, That he said deponent doesnot know whether said plaintiff was
hired by DuncanDuncan , but that he always understood it to be so, and that the boy
worked for himself and paid for his time. Just as I was coming up On
the said farm ford's ferry, Mr. DuncanDuncan and myself met, I asked him where
he would get his load of salt from, he answer he did not know from what
furnance he would get it, but excepted to get it from the plaintiff because said
plaintiff was hired and he excepted to get the salt for his labour.

Question by the defendant at what time, year, when and where, were you
in any wise acquainted as seen the plaintiff? the first time that I saw him
was at, as I can now recollect, at one Hardgraves some short time after the
convention. Question by same, where did you Mr. DuncanDuncan get his load of salt?
Answer at the time I met DuncanDuncan with a [ waggon ] on the road from ford's ferry
to the Saline Duncan said to me that he was to take a load, but would bee the
plaintiff he did not know until he would see the plaintiff, and does not know
Whether said DuncanDuncan got his load of salt there or elsewhere, and that at that
time said plaintiff was working for himself, as this deponent believes, that
this transaction took place considerble time after the convention, that the said
DuncanDuncan who I met on said road with the [ waggon ] is the same one, who offered
to sell me the plaintiff as above stated, and which purchase or contract did not take
place for the reason above mentioned. Does not know who Brought the plaintiff
in the State ofIllinois IllinoisIllinois. That he knows of said DuncanDuncan Bringing with him, in
[ waggons ], Cider, Brandy, Apples and other produce to sell at the SalineSaline lick, &
this is

Depositions fee $ 1.50
To the Clerk of the Circuit CourtCircuit Court
of St Louis County

Reason Neighswonger
for plf

and this is the same DuncanDuncan Who offered to sell the negro plaintiff and State that he was to
be free on the death of him the said Duncans's father. This Deponant further say th
that in or about this time the said deponant worked at the tubes or pipes as Frankhouser
this Justice by Defendant. how long between the time the negro and him
worked at the pipes, was this conversation between him & said DuncanDuncan in
buying the negro? Answer I do not recollect but think it is about one year
to the best of my recollection. Question by Same, how long was it that you and
the plaintiff worked at the pipes after the convention? Answer I do not recollect, but
think, to the best of my knowledge that it was two years.

I MaryMary Philip Ledue, a Justice of the County
court in and for the county aforesaid. Do certify that Reason Neighswornger
was by me Sworn to testify the whole truth of his knowledge touching the matter
in controversy aforesaid, that he was examined and his examination reduced
to writing and by him subscribed in my presence, on the day, between the hours
and at the place in that behalf first aforesaid

Additional Questions on the part of the defendant to the
depositions-

Question. Do you know who hired the plaintiff at the SalineSaline lick??

Answer- I do not know-

Question

You are hereby commanded to summon Coleman DuncanColeman Duncan
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 Ninth day of April at the City ofCity of St Louis
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 VincentVincent a man of Colour is plaintiff,
and James DuncanJames Duncan is defendant, on the
part of the plaintiff ; and have you then there this writ.

Subpoena for ColemanColeman Duncan
DuncanColeman Duncan for April 9th 1830
6th Apr

Executed this writ on Coleman DuncanColeman Duncan April 6th 1830 by Reading the same to him

You are hereby commanded to summon WilliamWilliam Hums
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 Fourth day of Augustinstant at the CityCity of St Louis
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 VincentVincent a man of color is plaintiff,
and James DuncanJames Duncan is defendant, on the
part of the plaintiff; and have you then there this writ.

for the plaintiff

Excuted his writ on WilliamWilliam Hunse August 4th-1830 by Reading the same to him

You are hereby commanded to summon Issac A Litchne
& David EDavid E Caryle
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 twelfth day of Augustinstant at the CityCity of St Louis
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 VincentVincent a man of Color is plaintiff,
and JamesJames Duncan DuncanJames Duncan is defendant, on the
part of the plaintiff; and have you then there this writ.

Sub for
J A Letchin &
to

Excuted this writ on Cade A
Setcher Augt. 11th on D.l. Cuzler by
reading the same to them

We command you to attach Isaac AIsaac A Letchen
by his body, and him safely keep, so that you have his
body before the Judge of our Circuit CourtCircuit Court , now in session at the City of St.LouisCity of St Louis, within and for
the county of St.LouisSt Louis, on thefourteenthday of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit CourtCircuit Court , betweeen Vincent DuncanVincent Duncan plaintiff, and ColemanColeman James DuncanJames Duncan
defendant, wherein the said Issace A Letchin
has heretofore been summoned, on the part of the said plaintiff

Att for
Issace A Letchen

WilliamWilliam Hurme a Witness in this case
claims his attendance for 11 days 50cts $ 5.50

WilliamWilliam Hurme being duly sworn says he
was summoned as a Witness by the plaintiff in the above
cause, that he attends the number of days charged
above and that he has not charged for attendence
in any other case for the same time

Wm Hume
Witness - $ 5.50

Action of assault & Battery &
false imprisonment

G A BirdG A Bird attorney & against for the plaintiff comes
into court & prays an appeal from the judgement
of this court in the cause to the Supreme Court

Action of assault & Battery
& false imprisonment

Gustavus A Brid attorney & agents for the above
named plaintiff being Sworn says that he has
prayed an appeal in Said cause from the
Judgement of this Courts to the Supreme CourtSupreme Court
and this affiants further Says that his applica-
-tion for an appeal is not made for the
purpose of action or delay but because
this affiant verily beleives that Said plaintiff
is aggrieved by the Judgement upon which this
appeal is prayed

affid for appeal

And the said plaintiff comes & asks the Court
to grant him a new trial for the following
Reasons

1 because the verdict of the Jury is contrary to
Evidence

2 Because the verdict is contrary to Law.

3 Because the Court gave instructions asked for by Deft to
the Jury which by Law ought not to have
been given

4 Because the Courts refused to give
instructions to the Jury which by Las
he ought to have given

5 Because the Judge of the Court under took
to declare the Legal affts of evidence whats
facts certain evidence before them did not
prove its was the of the Jury
alone to determine then the facts assumed
as not proved was proud or not

& for these & reasons the plaintiff moves
the courts to set aside the verdict & grants a
new trial

Motion for a
New Trial

Be it remembered that on the trial of the cause
the following is the Substance of the Depositions
read in evidence on the part of the Plaintiff
General Willis HargraveHargrave being produced & annexed
& Sworn on the parts of the plaintiff deposeth
& Saith

Question by Plff atty Did you know the plaintiff VincentVincent
the he has sued for his freedom Answer I do

Question by same Can you describe him?

Answer- yes he is a large black fellow with thick lips I think
about five feet nine or ten inches high I think he had
brothers names not recollected

Question by same. To whom did he belong and by whose authority was
he hired at the SalineSaline Salt Works when you know him

Answer He belonged I think to John or James DuncanJames Duncan as they
were both in the habit of coming to this place, but know nothing
further on that subject than hear say.

Question by same Do you or not know how long he was hired and re

named at any one time in or at the SalineSaline Salt Works
by DuncanDuncan in the State of IllinoisIllinois.

Answer I do not.- he was here several years at different times
but how long at any one time I cannot say the general
rule for living hands at this place was for six months
at a time he has been have as above off and on from 1819
to 1825 but do not recollect of seeing him here since

Question by same Were you or not a resident at the SalineSaline Works at
that time & did you or not know that said VincentVincent was
ever removed from said works until his final removal by
said DuncanDuncan

Answer I was a residence a principal part of the time and they
frequently went home but how often I dont know and
cant say how long or any one time he remained here
Harmeduke S.Ensmigner of lawful age being pro
duced examined & sworn on the part of the plaintiff that
he knew VincentVincent - a negro man who by common report
belong to Duncan of KentuckyKentucky

Vincent's a black fellow with thick lips & a
scar over one of his eyes- I have known him from 1821 to 1828
inclusion I never knew of his being in in KentuckyKentucky, although
he had been absent from here several weeks at a time
Lee HargraveLee Hargrave of lawfull age being produced sworn & ex
amined on the part of the plaintiff says that he knew
VincentVincent a negro man wherby common upon belonged to
John DuncanJohn Duncan of KentuckyKentucky he VincentVincent is a stout almost
black fellow with thick lips I have known him from
1821 to 1825inclusive I believe he left him in 1823 I think
during that time he went to KentuckyKentucky once but am not
certain of that.

Reason Nighswonger of lawful age being produced
examined and sworn on the part of the plaintiff depend and
says that he has known the plaintif who is here present
for nine or ten years certain. that he knew them the time
the convention set to frame a constitution for the StateIllinois
of IllinoisIllinois. the he knew said plaintif some few days for
that time but does not know how long that the [ plaintif ]
was claimed at that time as the slave of one DuncanDuncan in the
State ofKentucky KentuckyKentucky and was hired to week as said SalineSaline
as this affiant understood from a Son of said DuncanDuncan that
that in a conversation between said affiant and a son of said
DuncanDuncan whose name said affiant does not now believe
this affiant proposed to purchase the plaintif and offered him
a mill hallowed at five hundred & fifty dollar for said plain

tif be agreed to take it but that in a conversation
shortly after had with the said son of the said DuncanDuncan he the
said son stated that said plaintif was to be free at his fathers
death and this affiant further states and says that the
said son of the said DuncanDuncan at the time this conversation
took had drank pretty freely and was a little intoxicated
in consequence of this declaration and information in
form Mr.RobertRobert Frankhouse that the plaintif was enti
tled to his freedom this affiant refused to trade for said
plaintiff that this affiant says that he knew the said
plaintiff at the said SalineSaline for above three or four consecutive
years that said plaintiff during that period worked at the
SalineSaline aforesaid, and the greater part of the time with this
affiant who was assisted by said plaintiff in the

for conducting salt water for the furnace that to the best
of the knowledge of this affiant the said plaintif remained
in the State of IllinoisIllinois during this time aforesaid, by three or four
years without leaving said state that said plaintif laboured for
said Frankhouse for better than a year during which time the
deponent was in the employ of said Frankhouse as a Car

penter that said plaintiff was also employed by one RichardsRichards
on that said plaintiff together with one BobBob SmithSmith a black
man a SalineSaline and worked it on their own account for
about two or threethree or four months that the aforenamedRichardsonRichardson
kept a tavern & that the plaintiff remained in his employ
something like two or three weeks

Question by plaintiff- Is your [ recolection ] distinct- as to the date & time
that you have of Answer No! that the time is so long
lape that he cannot recollect

Question by the defendant- Did you know the [ plaintif ] at the time
the convention to for of the State of IllinoisIllinois to form a
Constitution sat?- Answer I know the [ plaintif ] at the
them the constitution sat on in about that time I do not
know who being a him then I understood he was from Ken-
tucky
the first time I saw the plaintiff he was at the
SalineSaline tavern and about Hagraves but do not know
in which employ said plaintiff was said [ plaintif ] was working
about said tavern and worked with him many days that
said deponent was emoloyed by said Frankhouse and during that
time[ plaintif ] worked with him the said deponant and
believes the [ plaintif ] was then employed by said Frankhouse
that said deponant does not know whether said plaintiff
was hired by said DuncanDuncan , but that he always understood
it to be so and that the boy worked for himself and [ payed ] for
his time past as I was coming on the road from Ford's
Ferry MrDuncanDuncan and myself I asked him when
he wanted to get his load of salt from he answered he did not
know from what furnance he worked get it but expected
to get it from the plaintif for the said plaintif was
hired and he expected together the salt for his labour

Question by the defendant at what time year when
& where were you in any or
the plaintiff & the first time I saw him
as I can now recollect was at one HargraveHargrave
some short time after the convention

Question by Same Where did you see DuncanDuncan get his
Load of Salt Answer at the I
DuncanDuncan with a waggon on the road from
Lords to the Saline Duncan Said to me
that he did not know until he would see
the plaintiff & does not know who the said
DuncanDuncan got his load there or else where
and at that time said plaintiff was working
for himself as said Deponant believed
that this loak place a considerable
time after the convention that the said
DuncanDuncan who I nuts on said road the
[ waggon ] is the same one who offered to sell
me the plaintiff as above stated & which
purchase or contract did not take place
for the reason above mentioned does not
know who brought the plaintiff to the StateIllinois
ofIllinois IllinoisIllinois that he knows of said DuncanDuncan
brining with him in [ waggons ] brandy
apples & other produce to sell at the SalineSaline
lick this is the Same DuncanDuncan who offered
to sell the said plaitiff & Stated that he
was to be free on the death of said Duncans
father this deponent further says that in
or about this time said Deponant worked
at the or [ pipis ] at Frankhouse

Question by Defts How long between the time that the negro & him
worked at the [ pipis ] was the conversation
between him & said DuncanDuncan in buying
the negro - answer I do not recollect but
think it is about our year to the best of my
recollection Question by Same - & How long
was it that you & the plaintiff worked at the
pipes after the Convention answer I do not
recollect but to the last of my knowledge it
was two years.

WilliamWilliam was produceed as a witness on the part of the plain-
tiff and testified that he [ be came ]acquainted with the plaintiff
about the year 1818 or 1819. that he knew him three or four years
that while he knew him at the time aforesaid he was labouring at
the IllinoisIllinois SalineSaline in the State ofIllinois IllinoisIllinois that the witness work
ed with the plaintiff as a woodchopper for some time and for
some time the witness [ choped ] wood and the plaintiff the
furnaces that for about two years witness saw the plaintiff
almost daily witness never knew or heard that the plaintiff during
the time aforesaid was absent from the State ofIllinois IllinoisIllinois witness does
not know who pretended to own the plaintiff at that time witness does
not know to whom the plaintiff belonged at that time but under
stood from common report that he belonged to one DuncanDuncan of
KentuckyKentucky this deponent frequently saw a man by the name
of DuncanDuncan at the SalineSaline who seemed to exercise a control
over the plaintiff.

Isaac AIsaac A Fletcher was produced and sworn as a witness
on the part of the plaintiff who testified that he became
acquanted with the plaintiff two or three years ago that the
plaintiff was brought into this state as witness understood by John
the defendant and his brotherColeman DuncanColeman Duncan that RobertRobert Duncan
DuncanRobert Duncan came as the agent of said JamesJames and ColemanColeman for the
purpose of hiring the plaintiff to the witness and assumed
the plaintiff to be of bad character and they wished to hire him to
a man who would keep a tight reign over him witness hired the
plaintiff who was in his employ but but one day don't know whether
James DuncanJames Duncan was the owner of him at that time [ of ] not

JamesJames Clemmens Jr a witness sworn on the part of the plaintiff
testified that he became acquainted with the plaintiff four or
five years ago at St LouisSt Louis when the plaintiff has resided ever
since that witness does not know who claimed said plaintiff
as a slave but understand from the plaintiff himself that
he belonged to a Mr DuncanDuncan the plaintiff requested the witness
to watch over him and superintend him the plaintiff worked
for the witness and witness [ payed ] the plaintiff money which
he said he wanted to pay can to his master DuncanDuncan witness
never heard the plaintiff put up any claim to freedom untill
he commended his suit for freedom

DavidDavid E EDavid E . Cuyler sworn as a witness for the plaintiff that
testified that some time about the Commencement of this suit
he went to serve an order upon the defendant that to take the
plaintiff out of the jurisdiction of this court. Witness found
the plaintiff standing in the near above the ox mile in St LouisSt Louis
he was handcuffed and guarded by a man who had a dirk in
his hand and this man stated he was guarding him for the
[ defendand ] witness at the same time saw the defendant in
a canoe in the now MississippiMississippi witness observed that he did
not want to take DuncanDuncan but to an order on him
serve an order on him. Mr
Isaac AIsaac A Fletcher came out of the bush and [ enquired ] whether
there would be any danger in James DuncanJames Duncan coming witness
told him there would not James DuncanJames Duncan was [ enformed ] of this and
came on show and took the negro before the judge of this
court witness thinks that the Services of such a man as the
plaintiff would be worth about a hundred and forty dollars a year
he being found.

The following is the substance of the Depositions taken on
the part of the Defendant & which were read in
by the plaintiff

LeeLee Hargrave HargraveLee Hargrave who being of lawful age and first & duly sworn upon the
Holy evangelist deposeth and sayeth as follows, that in the year 1823
he hired VincentVincent a coloured man be taken for him [ a ] the SalineSaline
he said Vinecnt informed the deponant that he had hired his time
from his master (DuncanDuncan ) and engaged to work six months after
working part of the time he left deponants service and shortly after his
master DuncanDuncan came to the SalineSaline with the intention of taking him.
[ Cent ] home but deponant enganged to go to DuncanDuncan for the
hire that VincentVincent was to pay his master, as for as the wages of the
six months would go, upon that DuncanDuncan agreed to let him stay and VincentVincent
agreed to work on the balance of time shortly after the expiration
of the six months. DuncanDuncan returned again & directed him VincentVincent to
go home to KentuckyKentucky. But he VincentVincent upon one pretence or other
failed to go and as much as two or three times his master was after
him to take him home and to deponant requesting him to hire
person to take him if he would not go of his own accord &
he VincentVincent would make fair promises that he would go and after
wards them and about and upon the whole he was a trif-
ling fellow
follow

Willis HargraveHargrave of Lawful age being duly sworn depositions as follows
that he knew VincentVincent a negro man belonging to DuncanDuncan of KentuckyKentucky
he was at SalineSaline for several years and appeard to do much as he
pleased at one time DuncanDuncan got deponent to assist him to take
VincentVincent for the purpose of taking him home and we him but
whether he did at that time force him off or not he does not rec-
ollect, but VincentVincent begged much to stay a little longer as
he said to settle his business and that he would have went home
as soon as that was over at any rate and from the conversation
of VincentVincent & his master it appeared that there had been a good
deal of deception on the part of VincentVincent on this subject and
that DuncanDuncan had got quite out of patience with he false pretences

Abner West being of lawfull age and first duly sworn depo
and seth sayeth

Question by defendant: do or do you not know that VincentVincent the reputed
plaintiff is and was a slave one of the number belonging to the
estate of JesseJesse Duncan DuncanJesse Duncan deceased the father of the deft JamesJames Duncan
DuncanJames Duncan . Answer I do.

By same Do or do you not know that he was hired at the SalineSaline Salt
Works in IllinoisIllinois. Answer I understood so by the

Question by Same. Did or did not VincentVincent after he was sometime at the SalineSaline
became disobedient and refused to return to his master JamesJames Duncan
DuncanJames Duncan . Answer yes. he did.

Question by Same Is or is not James DuncanJames Duncan the defendant the son of the
deceased JesseJesse Duncan DuncanJesse Duncan answer I believe it.

Question by Same. Do or do you not know that I ever received one years him from
any one person at the SalineSaline lick for the services of said VincentVincent . Answer
I do not

Question by Same. Do or do you not know that I tried frequently to get said Vin-
cent away from said SalineSalineor not lick and could not. Answer
I do know it for I was with him

AlexanderAlexander Miller being sworn etc, deposith and sayeth.

Question by deft do or do you not knew that VincentVincent the reputed plaintiff
is and was a slave one of the number belonging to the estate
of JesseJesse Duncan DuncanJesse Duncan deceased father of the deft. Answer I do

Question by Same Is or is not JamesJames Duncan DuncanJames Duncan the deft a son of JesseJesse Duncan DuncanJesse Duncan Ans
he is

Question by Same Do or do you not know whether I ever received any thing
for the [ him ] of said VincentVincent or not Answer I do not

Question by Same Do or do you not know that I frequently tired to get said
VincentVincent from the lick and could not. Answer I have generally
understood so

Question by Same Have or have you not frequently while said VincentVincent
was at the lick that he was absent there and done as he pleased

Answer I have

BenjaminBenjamin Pretchele being of lawfull age and first duly
sworn deposeth and sayeth,that

Question by deft. Did or did you not have a conversation with VincentVincent the
reputed plaintiff in this case and did he not tell you in that
conversation that he had rented furnaces. and carried on business
witness himself previous to the year 1825Answer he did
John DuncanJohn Duncan being of lawful age and first duly sworn
deposeth & sayeth

Question by deft. Do or do you not know that VincentVincent the disputed plaintiff
is and was a slave one of the number belonging to the estate of
JesseJesse Duncan DuncanJesse Duncan decd, the father of the deft James DuncanJames Duncan

Answer. he was

Question by Same Do or do you not know that he was hired at the
SalineSaline Salt Works in IllinoisIllinois and then run about and done
as he pleased. & that the deft, James DuncanJames Duncan never one
years him for him during his stay there nor any other person for
him Ans. I do.

Question by Same did or did not VincentVincent after he was some time at the
SalineSaline be come disobdent and refuse to return to the service
of James DuncanJames Duncan his master. Ans. he did

Question by Same Is or is not James DuncanJames Duncan the the deft the son of
Jesse DuncanJesse Duncan deceased. Ans. he is

Question by Same Did or did you not bring VincentVincent the plaintiff from
the SalineSaline lick in 1825[ Answe ] I did

Question by Same Did or did you not put VincentVincent in the possession of
James DuncanJames Duncan in February 1826. to sell him or did pose of
as the deft. James DuncanJames Duncan thought proper. Ans I did.

Question by Same Did or did you not hereVincentVincent the plaintiff in this case
say that JamesJames Ducan the deft. and HarryHarry Klause caught him
in the SalineSaline boundry to bring him home but he prevailed
with them to let him stay a few days until he could collecthis
money and he would come home and did he not fail in so
doing Answer I did hear him say so and that he did in face
come home.

Colomen DuncanDuncan being of lawful age and first duly sworn
deposeth and sayeth

Question Deft. Do you or do you not knew that VincentVincent the disputed
plaintiff is and was a slave one of the number belonging to the
estate of JesseJesse Duncan DuncanJesse Duncan decd. the father of the defendant

Answer He was.

Question by Same Do you or do you not know that he was hired at the
SalineSaline works in IllinoisIllinois. Answer he was:

Question by Same Did or did not VincentVincent after he was some time at the [ Salin ]
become disobedient and refuse to return to the services of his
master James DuncanJames Duncan answer I know the negro was there
and they could not get him away.

Question by Same Is or is not James DuncanJames Duncan the deft. the son of the decd.
JesseJesse Duncan DuncanJesse Duncan ? Ans he is.

Question by Same Did or did not you know that John DuncanJohn Duncan brought
VincentVincent the plaintiff from the Saline Lick in 1825 Ans. he did.

Question by Same Did or did you not know that John DuncanJohn Duncan put
VincentVincent the plaintiff into the possession of James DuncanJames Duncan in
1826 to him or disposed of as he thought proper. Ans. he did

The being closed to contended by
Defendant because

The plaintiff also read in the parts of
the 6th Article of the Constitution of IllinoisIllinois
which is in the following words,

Section 1st Neither Slavery nor involuntary

servitude shall hereafter be introduced into this state,
otherwise than for the punshiment of crimes, whereof
the party shall have been duly convicted, nor shall
any male person, arived at the age of twenty one years,
nor female person, drived at the age of eighteen years,
be held to serve any person as a servant, under any
indenture hereafter made, unless such person shall enter
into such indenture while in a state of perfect freedom
and on condition of a... bonafide consideration recei
ved or to be received for this services, for shall any
indenture of any negro or mulatto hereafter made and executed
out of then stated, or if in this state, where the term of service
exceeds one year, be of the least validity, except those
given in cases of apprenticeship.

Section D. No person bound to labour in any other
State shall be hired to labour in this state, except within
the trad reserved, for the Salt Works near Shawnee town

Nor even at that place, for a longer period than one
year at any one time: nor shall it be allowed there
after the year One thousand eight hundred and twenty five: any violations of this article shall effect the
emancipation of such person from his obligation to service

(To come in next after the statement of
settler's testimony)

It was further proven by Isaac AIsaac A Fletcher
that VincentVincent had had at the time of the
commencement of this suit a day and
a pair of horses which horses the witness saw
a short time afterwards in the possession
of one JonathanJonathan a person of color.

And it was further proven that VincentVincent
laboured as a in St LouisSt Louis, for several
past, apparently on account &
without the known authority & masters
of any person over him.

on things the
the of 1825 yet they not be hired
to summon there & actually remain there more
than a year at a time & actually remain
there more tan a year at a time altho
a new contract of having then made daily in
his emancipation. Plaintiff counsel
also inserted that it was Evident from the Depositions
of John & Coleman DuncanColeman Duncan that they did
not tell all they know touching the matter
in controversy. Because in those Depositions

on affiant. Was made to create the belief
that James DuncanJames Duncan was the owner of the slave
to him he was hired at the SalineSaline & that
the plaintiff defendant could get nothing for the hire of
the plaintiff & that the Plaintiff became
disobedient to his master James DuncanJames Duncan & refused
to be on the State in the to him from
then Depositions & other Evidence it appeared
that the Defendant was not the of
the plaintiff when he was hired at the SalineSaline
but that John DuncanJohn Duncan one of the Deponents
was the owner

The Courts in commiting on the evidence &
the arguments of the plantiff counsel observed in
that he feeth his duty to say to the
Jury that there was no evidence to show to
whom the plantiff belonged whom he was
hired at the IllinoisIllinois SalineSaline as aforesaid is it that
he made the Statement to the Jury as Matter of Law.X

The Defendant Counsel prayed the Courts to give
the following instructions which were granted

1- That by this Constitution of IllinoisIllinoisVincentVincent - the plaintiff
might lawfully have been hired at the public SalineSaline in IllinoisIllinois,
from year to year until the year 1825 without being removed to
[ an other ]State at the end of every term, when working his
emancepation

2- If the jury are satisfied from the evidence that the owner
of VincentVincent resided in KentuckyKentucky was desirous of withdrawing said
VincentVincent from the IllinoisIllinois SalineSaline and attempted to withdraw
him but was prevented by VincentVincent himself the plaintiff can-

not receive

4- That under the ordiance of Congress of 1787 the that VincentVincent the
plaintiff cannot lawfullywrong be it the IllinoisIllinois SalineSaline, off & on from
1814 to 1826 need not work his emancipation

5- That under the ordinance of Congress of 1787. VincentVincent , this plain-
tiff cannot lawfully claim his freedom by reason of any
residence in IllinoisIllinois which does not amount to a permanent
settlement & the acquisition of a regular there

6- That the constitution of IllinoisIllinois is not & cannot be controlled by
the ordinance of 1787 as to the existence of slavery with in the
the limits of that state

7- That if the jury shall be of opinion from the evidence that
VincentVincent the plaintiff constantly down to the of 1829 when
this suit was brought acknowledged himself a slave such
evidence is legal and valid & they may from then believe upon it.

The plaintiffs counsel prayed the court to grant the following instruc-

tions which was [ negected ]-

1- If the Jury can collect from the evidence that the plaintiff
resided at the OhioOhio SalineSaline as a labourer there in the year 1817 by
counsent of his matter he is entitled to his freedom

2- If the plaintiff was disobedient to the person who claimed
him as a slave & ran about pretty much as he pleased while
hired at the SalineSaline this does not prove that he was
from labor

3- If the plaintiff proves that he was seen at the OhioOhio SalineSaline
almost daily he has made out a to his freedom
and it is upon the defendant to show that he left the State ofIllinois
IllinoisIllinois if he did so.

The plaintiff here by his Counsel as a to the
opinion of the Courts as prepared to the Jury
that there was no evidence to show claimed
to be owner at the slave when he was hired
at the Ohis SalineSaline he also to the
opinion of the Courts as aforesaid in court of the
Instructions above asked for by the Defendants
he also to the opinion of the Courts
in overruling theeach of the above instru

tions asked for by the plaintiff & he
tinders this of as a & prays that
the same may be assigned & States & made
parts of the record the is

Bill Exeptr

was hired at the saline in 1817 and remained hired
there till 1825. This instruction ought to have been
given. The judgment of the Circuit CourtCircuit Court is
& the cause is comanded for futher
proceedings in conformity with this opinion

I Jos. C BrownBrown
Clerk of the Supreme CourtSupreme Court of the third Judi-

cial district in the State of MissouriMissouri do certi-

fy the above and foregoing to be a true and
correct copy of the word of the judgement of
the Court in the said case of VincentVincent a man
of color vsJames DuncanJames Duncan , and of the opin

ion of the said Court delivered in the said
case

Filed February 1831

We, reposing special trust and confidence in your integrity and circumspection, do require and command you, that you
cause to come before you. such person, or persons, as shall be named to you by VincentVincent a man of Color or by
James DuncanJames Duncan his attorney or agent, and him, her or them examine upon his, her or their corporal oath, (to be by you administered,) touch
ing their knowledge of any thing that may relate to a certain matter of controversy, now pending in our Circuit CourtCircuit Court ,
for the county of St.LouisSt Louis, Wherein VincentVincent a man of Color is plaintiff and James DuncanJames Duncan
is defendant, on the part of the said plaintiff, and having reduced the said
depositions so taken by you as aforesaid, into writing you are required to send the same, together with this commission,
enclosed under your seal, to our said Circuit CourtCircuit Court , with all convenient speed.

Clerks office - In Vacation March 7th 1831

On application of the attorney for the plain
-tiff it is ordered that a dedimus issue to any Judge or Justice
of the peace of the State ofIllinois IllinoisIllinois to take the deposition of
Witness to be read in evidance on the trail of the above
cause on the part of the plaintiff

The time for taking Depositions & according to the notice
An Defendant on the 24th 25th, 27th & 28th day of June 1831 at the office of WilliamWilliam CarpenterCarpenter in the town of Kingsfield
in the County of Sangamon & State of IllinoisIllinois be the
hours of eight o clock in the forenoon & six o clock in the
afternoon of each of said days. The Depositions may
be taken on any one of the days within the hours of
mentioned in the notice

You are hereby commanded to summon RobertRobert Duncan Duncan & Coleman
DuncanRobert Duncan
that setting aside all manner of excuse and delay, hethey be and appear in proper person before the Judge
of our Circuit CourtCircuit Court , on the 19th day of April 1831, 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 VincentVincent a man of color is plaintiff, and James
Dunean is defendent on the part of the plaintiff ;
and have you then there this writ.

Executed this Writ on Robert DuncanRobert Duncan April 14th 1831 by reading the Same to him
in the County of St LouisCounty of St LouisColemanColeman Duncan
DuncanColeman Duncan not found in my County

Service	50
	12 1/2
	62

Subpoena for

You are hereby commanded to summon WalkerWalker Timesby
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 19th day of April, 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, where in VincentVincent a man of Color is plaintiff and
James DuncanJames Duncan is defendant, on the part of the plaintiff;
and have you then there this writ.

Walker Timesly

19th April
for pltff

Executed on WalkerWalker Trisbly on the 19th April 1831
by reading to him in
the City of S LouisS Louis

You are hereby commanded to summon Coleman DuncanColeman Duncan
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 theforthwithday of, 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 VincentVincent a man of Color is plaintiff, and
James DuncanJames Duncan is defendent, on the part of the plaintiff ;
and have you then there this writ.

Executed this writ on Coleman DuncanColeman Duncan
on the 20th day of april 1831 by saying
the contents thereof to him

Coleman DuncanJames Duncan
forthwith
pltff

You are hereby commanded to summon AdolphusHubbardHubbard and Louis Hubbard Newell
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 day of, 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 VincentVincent a man of color is plaintiff and JamesJames Duncan
DuncanJames Duncan is defendent on the part of the plaintiff ; and have you then there this writ.

Executed this writ on Lewis NewellLewis Newell on 20th day of April 1831

forthwith for

Executed this writ on AdolphusHubbardHubbard April 20 1831 by reading the same to
him in the County of St LouisCounty of St Louis

You are hereby commanded to summon Isaac AIsaac A Letcher& Robert DuncanRobert Duncan
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 theforthwithday of, 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 VincentVincent a man of color is plaintiff, and JamesJames Duncan
DuncanJames Duncan is defendent, on the part of the plaintiff ;
and have you then there this writ.

Excuted me have the body of IsaacIsaac A
AIsaac A Letcher in Court April 20th 1831

John K. WalkerJohn K Walker Sheriff
by James BrothertonJames Brotherton D. Sheff
Services $ 1.00

forthwith for Shff

Executed this writ April 20 1831 by
reading the same to him in the CountyCounty of St Louis
of St LouisCounty of St Louis

We command you to attach Coleman DuncanColeman Duncan
by his body, and him safely keep, so that you have his
body before the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for
the county of St. LouisSt Louis, on the forthwith day of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit CourtCircuit Court , between VincentVincent plaintiff, and JamesJames Duncan
DuncanJames Duncan defendent, wherein the said Coleman DuncanColeman Duncan
has heretofore been summoned, on the part [ of of ] the said defendant.

for ColemanColeman
defendant

You are hereby commanded to summon Isaac AIsaac A Letcher- Coleman DuncanColeman Duncan
Lewis NewellLewis Newell - Adolphus Hubbard - Walker Fristly - Robert DuncanRobert Duncan
WilliamWilliam Hume & David EDavid E Cuyler
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 Augustnext, at the City ofCity of St Louis
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 Court, wherein VincentVincent is plaintiff
and James DuncanJames Duncan is defendant on the
part of the Plaintiff; and have you then there this write.

Excuted this writ on IsaacIsaac A AIsaac A Letcher &
Louis NewellNewell 6th July on David EDavid E Cuyler
29th June on Robert DuncanRobert Duncan 16th July 1831 in St LouisSt Louis by Reading it to him

Serve	200
	374
2	$2374

for plaintiff

The Deposition of AdamAdam Smith SmithAdam Smith taken before WilliamWilliam
Carpenter A Justice of the peace within and for the
County of Sangamon and State ofIllinois IllinoisIllinois. on the 22nd day July in the year of our Lord Eighteen hundred and thirty one. at the office of Wm Carpenter in the town
of SpringfieldSpringfield. and County aforesaid. Between the hours
of eight o clock in the forenoon and six oclock in the
afternoon of said day to be read in evidence in a
certain action pending in the Circuit CourtCircuit Court of St Louis
County and State of MissouriMissouri in which VincentVincent (a man of
color) is Plaintiff and James DuncanJames Duncan is Defendant, on the part
of the plaintiff Adam SmithAdam Smith of lawful age being produced
Sworn and examined on the part of the Plaintiff Deposeth
and saith as follows, vis:

Qus 1st Do you know the Plaintiff VincentVincent

Ans Yes I do

Qust 2nd What is his color age and description

Ans he is of a yellow cast, but not a [ mulato, ]
he is from forty to forty five years old. I think
he would weigh about one hundred eighty pounds. about
five feet ten inches high. he has a down cast look.

Ques 3rd Where was he when you first [ know ] him was
he said to be a slave or a free man

Ans I first knew him in HopkinsHopkins County CountyHopkins County KentuckyKentucky
he was said to be a slave, belonging to JesseJesse Duncan DuncanJesse Duncan ,

Quest 4th who claimed him the Plaintiff after the [ deth ]
of JesseJesse Duncan DuncanJesse Duncan of Hopkins CountyHopkins County KentuckyKentucky.

Answr John Duncan John of Jesse Duncan . claimed him
Quest 5th Can you state of whether the plaintiff was ever hired to laber at the salt works claimed him
5th Can you state whether the plaintiff was
even hired to laber at the salt works

in the State of IllinoisIllinois so by whom was he hired there.
where was he first hired there and by whom and
how long was he hired there in all

Answer. From the information of theJesseJesse Duncan DuncanJesse Duncan
he DuncanDuncan had him, VincentVincent , hired at the salt
works [ nere ][ Shawnetwon ] in IllinoisIllinois. In the year Eighteen hundred and eighteen, and in the year
of 1819 and 1820 and 1821 he was hired as said
salt works by John DuncanJohn Duncan son of JesseJesse Duncan DuncanJesse Duncan
In the year 1824 to the best of my knowledge of I saw
VincentVincent at the salt works in this state with a
number of other negros from KentuckyKentucky

Quest. 6th Where did you last see the Plaintiff and
when

Answ I saw him about the first February in the year 1831 and three or four times a year
for four or five years [ preaves ] there to in the
City of St LouisSt Louis, MissouriMissouri.

Wm Carpenter a Justice of the peace within
and for said County, do hereby certify that the above nam
ed Deponent Adam SmithAdam Smith was by me duly sworn to testify the
whole truth of his knowledge touching the matters in controversy
between the parties aforesaid, that his examination was reduced
to writing and by him subscribed in my presence on the day
between the hours and at the place in that behalf first
aforesaid,

I Charles. N. Mathewy clerk of the CountyCircuit Court
CourtCircuit Court of said County do hereby certify that WilliamWilliam
CarpenterCarpenter whose name appears to the foregoing cer
=tificate is an acting Justice of the peace duly sworn
and authorised in and for said county and that
full faith and credit is due to all his final acts as sue

Fee Bill
Subpoena --	18 2/4
Serving Do -	12 1/2
Deposition --	143 1/2
Clerk Certificate	25
Adam SmithAdam Smith	50
	$2.50

W Carpenter

Depositions
Adam SmithAdam Smith
for plff
Archibald GambleArchibald Gamble Esqr
St LouisSt Louis
MissouriMissouri

Depositions of
Adam SmithAdam Smith
opened & filed July 28th 1831

affd.

I GutavusA BirdA Bird do swear that I believeVincentVincent Duncan
DuncanVincent Duncan is detained in the possession of James DuncanJames Duncan for no matter that
I beleive that he is free & tat it is the upon
of James DuncanJames Duncan to Kidnap him & send him
to New OrleansOrleans & prays on behalf of said VincentVincent
that a writ of Habeas corpus may issue to bring said VincentVincent issue before
you to be dealt with as the law
directs

We command you to attach Lewis NewellLewis Newell by his body, and him safely keep, so that you have his
body before the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for
the county of St. LouisSt Louis, on theforthwithday of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit CourtCircuit Court , between VincentVincent plaintiff, and Coleman Dunean
defendent, wherein the said
[ ha ] heretofore been summoned, on the part [ of of ] the said

Served this writ and have
the body of Lerwis NewellNewell
in court. 12th August 1831

for
Lewis NewellLewis Newell
for plff
Excused

We command you to attach David EDavid E Cuyler
by his[ bod ], and him safely keep, so that you have his
body before the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for
the county of St. LouisSt Louison thefourthwithday of 18
then and there to testify and the truth to say in a certain matter of controversy, now pending in our
said Circuit CourtCircuit Court , between VincentVincent is plaintiff, and James DuncanJames Duncan
is defendant, wherein the said DavidDavid E EDavid E Cuyler
has heretofore been summoned, on the part of the said plaintiff

Excuted this writ and have the
Body of D. E. Cuyler before the Court

Coleman
L Willisfor
for Jar J Body
& for Jos Clanner
Dr Cuyler

To the above named Defendant or EduardBatesBates Esquire
his attorney of Record

Take notice that on the fourteenth day of October instant at the office of JosephJoseph Garmin
in the City of St LouisCity of St Louis between the hours of nine o clock
in the forenoon & five o clock in the afternoon of
that day I shall take the Depositions of witness
to be read in evidence in this cause Oct 11th 1831

Nature of Taking Depositions

I acknowledge that a
copy of the within
notice was this day
on me at the
City of St LouisCity of St Louis October 11th 1831

To the above named Defendant or
EdwardEdward Bates BatesEdward Bates Esquire his attorney of record

Take notice that an the fourteenth day of October instant
at the office of Joseph N. Garmin Esquire in the City ofCity of St Louis
St LouisCity of St Louis between the hours of Nine Oclock in the
forenoon & five Oclock in the afternoon of that
day I shall take the Depositions of witnesses to be
read in evidence in this cause

Notice of Taking Depositions
I acknowledge that
a copy of the within
notice was this day
on me at the
City of St LouisCity of St Louis. October 11th 1831

to be
Summoned
Adam SmithAdam Smith at
M Abrams or the
ran tracks &
SamuelSamuel Stebbin

We, reposing special trust and confidence in your integrity and circumspection, do require and com-
mand you that you cause to come before you such person or persons as shall be named to you by JamesJames Duncan
DuncanJames Duncan or VincentVincent (a man of color) their attorney
or agent,and him or them examine upon his, her or their corporeal oath (to be by you administered)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in
our Circuit CourtCircuit Court , for the county of St. LouisSt Louis wherein VincentVincent (a man of color)
is plaintiff and JamesJames Duncam is defendant on the part of the said
defendant and having reduced the said depositions so taken by you as aforesaid into writing,
you are required to send the same, together with this commission, enclosed under your seal, to our said Cir-
cuit Court, with all convenient speed.

are application of the attorney for the defendant it is Ruled
dedimus issue to any Judge or Justice of th peace of the State ofKentucky
KentuckyKentucky to take the depositions of witnesses to be read in evidence on the
trail of this cause on the part of the defendant

The above named plaintiff Vincent & G. A. Bird
Esqr his attorney will take notice that pursuance
of a dedimus issued from the office of the Circuit Court
of the County of St LouisCounty of St Louis, depositions of witnesses
will be taken, on the fifteenth day of November
next at the court house in the county of
HopkinsHopkins & State ofKentucky KentuckyKentucky, between the hours
of eight o clock in the morning & six in the
afternoon of that day, (and to be continued from
day to day, between the same hours, if need
be) to be read in evidence on the trial of
the above named cause, on the part of
the defendant

Executed this Notice by reading it to GustavusGustavus A Bird A BirdGustavus A Bird in
the city of St LouisSt Louis on the 20th day of October 1831
VincentVincent not found

To the above named Defendant or EdwardEdward Bates BatesEdward Bates
Esquire his attorney of

to take notice
that on the 14th day of November instant
at the office of JosephJoseph V VJoseph V Garmin in the city of
St LouisSt Louis between the hours of 8 Oclock
A.M. & 5 O Clock P.M. of that day
I shall take the Depositions of witnesses in
this cause
Nov 10th 1831

1

Deposition of witness produceed sworn and
examined at the Court house in the County
of Hopkind and State ofKentucky KentuckyKentucky.
one J. a Justices of Peace
in & for the County & stated [ a for said ]
in a certain cause now depending in The Circuit
Court of the County St Louis_ I state of MissouriMissouri
between VincentVincent a man of color is pl
=aintiff
and JamesJames Duncan DuncanJames Duncan is defend
ant WilliamWilliam Gersdon being of lawful age
produced & sworn & examined on the part of defendant deposeth & saith
Question by deft did you or not
know VincentVincent the plff in the years
1816 17 & 18 who did he belong to & did
he reside in Hopkins CountyHopkins County Ken
tucky in those years
Ansr I did in the year 1816JesseJesse Duncan
DuncanJesse Duncan JohnJohn Duncan DuncanJohn Duncan father
moved to the County of HopkinsCounty of Hopkins
with VincentVincent in his possession
I never knew JesseJesse Duncan DuncanJesse Duncan nor any of the Family to send him
to the SalineSaline nor of his being
at the SalineSaline in the lifetime
of Jesse DuncanJesse Duncan who departed
this life in the fall 1818 nor do
not I believe he ever went to the SalineSaline untill
in the year 1819Question by same do you or do you
not believe from your action

2) living in the meighbourhood & being
well acquainted with JesseJesse Duncans his, Concern
you would have known it if heDuncanDuncan
gone to the SalineSaline in 1816 17 or 18
Ansr. I being Sheriff in those years
I am confident that VincentVincent was not at SalineSaline untill after
the death of Jesse DuncanJesse Duncan which was
1818 in the full & further his depo
nant sayeth not Wm Gordan

I SamuelSamuel MortonMorton a Justice of the peace
in & for the County & State aforesaid
do hereby certify that deponant
WilliamWilliam Gordon GordonWilliam Gordon was by me
sworn to testify the whole truth of
his knowledge touching the mat-
ter in controversy in the cause aforesaid that depenant was examinded
[ land ] his examination
reduced to writing and subscri
bed by said deponant in my
presence on the fifteenth day of Novem
ber in the year eighteen hundred and
thirty one between the Hours of eight in
the forenoon and six in the afternoon at
the court house in the County of HopkinsCounty of Hopkins
StateKentucky of KentuckyKentucky

Given and Certified the 15th day of November 1831
Sam MortonMorton

also the Deposition of Reed WrightWright
taken at the time & place [ aforesd ]
for the purpose aforesaed being
of lawful age & first duly sworn
deposeth & saith were you or not
acquainted with the plaintiff VincentVincent
during the years 1816 17 & 18 and who owned VincentVincent in those years

Ansr. I was acquainted with him
in those years & Jesse DuncanJesse Duncan
Jr owned him

2 Question by Same
Was VincentVincent absent from HopkinsHopkins County
CountyHopkins County in the years 1816 17 or 18Ansr. he was not untill after the
Death of JesseJesse Duncan DuncanJesse Duncan in fall
1818 he went to the SalineSaline

Question by same Do you or not
know that JesseJesse Duncan DuncanJesse Duncan Jr in his
lifetime ever sent or hired Vin
cent at SalineSalineAnsr he did not to my knowledge
Question by same if VincentVincent had
been hired at the SalineSaline would
you or not have known it
from your intimacy in the family
Ansr I believe I should & further
this deponent sayeth not

I SamuelSamuel MortonMorton a justices of the peace in and forth county and state aforesaid do hereby
certify that Reed WrightWright the depon
ant was by me sworn to testify the
whole truth of his knowledge touching
the matter in controversy in the
cause aforesaid that depanont was
examined and his examination
reduced to writing and subscribed
by said deponant in my presence
on the fifteenth day of November
in the year eighteen hundred
& thirty one between the hours of eight in the forenoon and six
in the afternoon at the court
house in the county of Hopkins
State of Kentereky given & certifed
the 15th day of November 1831
Sam MortonMorton
also the Deposition of IsaacIsaac Mu
Calfe taken at the time and place
aforesaid to be read as Evidence
in the suit aforesaid this deponant
being of lawfull age & first[ dully ]
sworn deposeth and sayeth

Question by deft
were you or not acquainted with
the plaintiff VincentVincent in HopkinsHopkins County
CountyHopkins County KentuckyKentucky in the years
1816 17 & 18

Ansr. I was

Question by same was VincentVincent out of KentuckyKentucky in those years

5

Ansr he was not to my knowledge
question by same

who owned VincentVincent in 1816 17 & 18
Ansr. JesseJesse Duncan DuncanJesse Duncan Jr owned him untill his death which look place
in November 1818

Question by same from your
intimacy & knowledge of the
domestic affairs of JesseJesse Duncans
would you or not have known
if VincentVincent had been hired at the
SalineSaline in those years

Ansr I certainly would

Question by same

What distance did you live
from JesseJesse Duncan DuncanJesse Duncan Jrin those
years & were or not in the habit
of visiting the family frequent
ly

Ansr. a little better than a mile I was
in the habit of visting them very
often & further this deponant
[ senth ] not

I SamuelSamuel MortonMorton a Justice of the
peace in and for the County and State
aforesaid do hereby certify that IsaacIsaac Mutcalfe

6) the deponent was by me sworn to testify the
whole truth of his knowledge touching the
matter in controversy in the cause a foresaid
that deponent was examined and his examin
-ation reduced to writing and subscribed by
said deponent in my presence on the fifteen day of November eighteen Hundred and thirty one between the Hours of eight in the forenoon
and six in the afternoon at the country house
in the county and state aforesaid

Given and certified the 15th day of November 1831

I SamuelSamuel MortonMorton Justice of the peace within &
for the County ofCounty of Hopkins HopkinsCounty of Hopkins in the state of Ken
tucky do certify that in pursuance of the an
nexed Commission and notice cause before me
at the courthouse in the County of Hokins StateKentucky
ofKentucky KentuckyKentucky aforesid William GordonWilliam Gordon , Reed Wright
& Isaac Mutcalfe who were there by me sworn
and examined and such examination
re
duced to writing and subscribed by them responding
in my presence and these sd depositons are
now herewith the returned Given at the Courthouse
in the County of HopkinsCounty of Hopkins& StateKentucky of KentuckyKentucky
aforesaid this 15th day of November 1831
Justice fee paid $1.00

It is hereby certified that SamuelSamuel MortonMorton
on this fifteenth day of November one thousand eight hundred and thirty one is a Justice of
the peace within and for the County of Hopkins
StateKentucky of KentuckyKentucky duly commissioned, and
acting as such and that full faith and credit
are due to his acts as such

for Defendant

Deposition taken by virtue of Notices at the office
of JosephJoseph C Garnier with City of St LouisCity of St Louis, in the four=teenth day of October in the Year eighteen hundred and ninty one, Between the hours of nine of
Thrity one, Between the hours of nine oclock in the
forenoon and five oclock in the afternoon of same
day, and to be read in evidnece of two certain suites now
pending in the Circuit Court of the County of St LouisCounty of St Louis
Between VincentVincent a man of color as plantiff and JamesJames Duncan
DuncanJames Duncan as Defendant. RalphRalph a man of color as
plaintiff and Coleman DuncanColeman Duncan as defendant
forsaid plantiffs

SamuelSamuel WoodsonWoodson being of lawful age and duly sworn
on the holy Evangelistsof Almighty[ god ] on his oath saith
that in the summer of the Year eighteen hundred and
twenty Eight, he was at mineral point in the Territory of
MichiganMichigan about fifty miles from . that about
that time he knew two negro men working under
the controlof James DuncanJames Duncan
Brother of ColemanColeman Duncan
DuncanColeman Duncan , and who were employed in mining, by James DuncanJames Duncan
who called then his negroes. that they worked at that
place, as far as deponant can recollect, about two or
three weeks. that saidJames DuncanJames Duncan took them
to some other place to work, that said deponent saw
nothing more of said negroes, until a year ago last-
Friday where deponent was at , where he witnesses
a trial Between said two Negroes who had sued
James DuncanJames Duncan or some other person for their freedom
deponent did not then know the Negroes until they
where he found them the JamesJames
Whereupon he had seen before at Mineral point that
or there trials,James DuncanJames Duncan disdained and pretending

to said negros at her but said that they belonged
to his Brother Coleman DuncanColeman Duncan

fee Justic 3 Job 1 1/4	dposition 74
Oath. 6 1/4	Certificat 95
	6 2/4
Court Cooper	75
	$/11 621/2

Vincent
Coleman Duncan
Depos: of S Stobbens for
plfs
Opend & filed

the clerk Circuit court
St LouisSt Louis

Deposition of Frankhouser
opened & filed
Nov July 1831

The said plaintiff excepts to the depo
sition filed on the part of plaintiff to wit
the depositions of WilliamWilliam Gordon GordonWilliam Gordon Reed
WrightWright and IsaacIsaac Metcalfe

1 because there was no legal & sufficient
notice

2 because said depositions are not properly certified

3d because said depositions are not
properly authenticated

Exception to depo-
sition

You are hereby commanded to summon IsaacIsaac A AIsaac A LetcherColeman DuncanColeman Duncan -LewisLewis Newell
NewellLewis Newell - Adolphus Hubbard- Walker Frisby- RobertRobert Duncan DuncanRobert Duncan - WilliamWilliam Hume
and David EDavid E Cuyler
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 29th day of Marchnext 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 VincentVincent is
plaintiff, and James DuncanJames Duncan is defendant,
on the part of the plaintiff; and have you then there this writ.

Executed this writ on Lewis NewellLewis Newell
on the 2nd March on Isaac AIsaac A Letcher
on 28th Feby on Robert DuncanRobert Duncan &
DavidDavid E EDavid E Cuyler on the 29 Feby 1832, all in the City ofCity of St Louis St LouisCity of St Louis.
le. Duncan W. Frisby. A. Hubert &
W. Hume not found

for plff

To the Constable of Jefferson Township
in said County Greeting_ WereasJ. Hiram H. Baber,
a Justice of the Peace within and for the CountyCounty of Cole ofCounty of Cole ColeCounty of Cole
aforesaid have been required to take the examination
of witnesses in a certain cause depending in the CircuitCircuit Court
CourtCircuit Court of St Louis County in the state of MissouriMissouri between
VincentVincent a man of Color plaintiff and JamesJames Duncan DuncanJames Duncan
Defendant. These are Therefore to Command
you to summon Benjamin Davis & Thomas Davis that
they and each of them, severally and personally appear
before me at the House of AlfredAlfred Bosye in the CityCity of Jefferson ofCity of Jefferson JeffersonCity of Jefferson
in the CountyCounty of Cole of ColeCounty of Cole on the 23rd day of March 1832 at
the House of Eight of the clock in the forenoon of that
day & then and there to be examined and to testify
the Truth according to the best of then knowledge for
and on behalf of the said Plaintiff, hereof they
they are not to fail, and fail not at your peril -
Given under my hand and seal this 20th day March 1832

183/11

37.1

25 - 1.50

81 1/11 - !!!!

This is to understand
This is to understand

Constables fee
For serving - 25
Summon

Excuted by reading the
within, in hearing of Benjamin
Davis on the 21ndMarch 1832

1st That if the Jury[ beleive ] from the evidence that the owner of VincentVincent
the plaintiff hired him to labor and he did actually reside & labor in the territory of IllinoisIllinois before
the adoption of constitution of IllinoisIllinois he the said plaintiff
is entitled to his freedom
given|

2d That if the if the Jury [ beleive ] from the evidence that JesseJesse Dun-
-can the father of the defendant was in possession of VincentVincent
and claiming and using him as a slave and understood
as such hired him (VincentVincent ) to labor in the Territory of IllinoisIllinois before the adoption of the Constitution of that State
such hiring entitled VincentVincent to his freedom
unless by evidence it is shown that the to VincentVincent
was in some other person than Jesse DuncanJesse Duncan

3rd That if the Jury [ beleive ] from the evidence that VincentVincent
the plaintiff was hired by his owner to labor in the State of Illi
nois after the adoption of the Constitution for more than one year at any one time such hiring entitles him to his freedom. |given|

4th That the possession of a slave as such is evidences
of the ownership of such slave possession unless it is
otherwise shown who the owner was
|given|

5th That the constitution of IllinoisIllinois takes affect from
the time the blacks IllinoisIllinois was admitted into the
Union by resolution of CongressCongress 3d June 1818 as respects
the question of slavery & if the plaintiff was hired or to labor
in IllinoisIllinois by his then Master previous to 3d June 1818
plantiff is entitled to his freedom
|not given|

6th That That if the Jury[ beleive ] from the evidence that
the owner
ofVincentVincent the plantiff aforesaid to his resided in
the Territory of IllinoisIllinois before the adoption of the
Constitution with the assent of his owner for the purpose of labouring there either
For his own benefit or that of him master such
residence entitled VincentVincent to his freedom
|given|

That if the Jury believe that the negro is a slave and will not agree they are

Deposition of witness produced, sworn and examined
on the twenty third day of March in the year of OurLord Eighteen hundred and thirty two between the hours
of Eight of the Clock in the forenoon and six O, Clock
in the afternoon of that day at the House of AlfredAlfred Bosye
in the City of JeffersonJefferson County CountyJefferson County of Cole and State ofMissouri MissouriMissouri,
before me Hiram HHiram H . Bober a Justice of the Peace within
and for the County aforesaid in a certain cause now de
=pending
in the Circuit Court of the CountyCounty of St Louis of St LouisCounty of St Louis
between VincentVincent a man of Color, plaintiff and JamesJames Duncan
DuncanJames Duncan defendant on the part of thedefendantplaintiff

Benjamin Davis of Lawful age, being produced Sworn
and examined on the part of the plaintiff, deposeth
= and saith~
Question by plaintiff's attorney
Did you know JesseJesse Duncan DuncanJesse Duncan deceased late of HopkinsHopkins County,
CountyHopkins County KentuckyKentucky - ?
Answer I did -
Question by plaintiffs attorney -

Did you know a black man called VincentVincent or
Winston which said JesseJesse claimed as his slave at the
time of his death - ?

Answer I know a black man by the name of VincentVincent or Winston
who was the property of the Father of John and JamesJames Duncan
DuncanJames Duncan of HopkinsHopkins County CountyHopkins County KentuckyKentucky, but I do not recollect
wether the Father of the said JamesJames and John was named
JesseJesse or not

Question by same

Do you know whether said VincentVincent or Winston was
hired by said JesseJesse to Labor in the State ofIllinois IllinoisIllinois in 1817or1818 of your own knowledge or from what you have
heard said JesseJesse say- If so please state the time he
worked there as particularly as you can?

Answer The Father of John &James DuncanJames Duncan kept negroes hired
at the United StatesUnited States SalineSaline in IllinoisIllinois between the years
1813&1819. but at what particular time or times do not recollect
=Question by Same was VincentVincent or Winston one of

the negroes hired by the said DuncanDuncan , at the SalineSaline
in IllinoisIllinois ?

Answers- As well as I recollect he was

And further this deponent saith not

I Hiram HHiram H . Bober a Justice of the peace
within and for the County of ColeCounty of Cole in the State of MissouriMissouri
do hereby certify that Benjamin Davis the deponent was
by me sworn to testify the whole truth of his knowledge,
touching the matter in controversy aforesaid; that he was
examined and his examination reduced to writing,
and by him subscribed in my presence, on the day, between
the hours and at the place in that behalf first aforesaid

Justice's fees	811/11
Constable	25
Witness	1.50
	2.561/4

Depos: of Benj Davis for plff

25

Be it remembered that on the
trial of this cause the plantiff read in evidence
to the Jurythe following depositions taken in
the cause (here insert the deposition of Adam
Smith Benjamin Davis Willis Hargrave Lee Har-
grave Robbert Frankhouser Reason Neisgwonger
Marmaduke D Enswinger and TimothyTimothy Guard and mitting the capture and certificate

The defendant admitted that before and
at the time of the Commencement of this
suit he held possession of the plaintiff claim
ing him as a slave-

On the part of the defendant the following depositions were read in evidence to the Jury
(here insert the depositions of DanielDaniel Wood, Willis Hargrave, Lee Hargrave, William GordonWilliam Gordon , Reed
WrightWright and Isaac MetcalfIsaac Metcalf omitting the cap
tions and certificates)

After the evidence was closed the plantiff
by his counsel moved the Court to instruct the
Jury that the constitution of the State ofIllinois IllinoisIllinois
so far as it affected the question of slavery took
effect from the time the state was admitted
into the Union by the resolution of CongressCongress
for that purpose and that of the plaintiff was
hired to labor by his then master in IllinoisIllinois and
did so labor there previous to the passage of
the said resolution of CongressCongress the plaintiff
is entitled to his freedom which instructions
the court refused to give

The Sourt in changing the jury instructed then

that the hiring of the plaintiff at the tract reserved for the SalineSaline near Shawneetown within the State ofIllinois IllinoisIllinois
(after the adoption of the Constitution of that state )he was by his
then master as the name is stated in the deposition of "RobertRobert
Frankhouseror the plaintiff
ouught above to his say or to be paid
plaintiff was a monthly hiring and that his there
remaining there at labor as stated in said deposition for two upon and such
hiring would does not entitle him to his freedom

To which refusal of the Court to give said instruc
tion asked by the said plantiff and to the giving
said instruction contained in the charge to the Jury
the plaintiff by his Counsel excepts and prays
the Court to sign and seal this his bill of exception
and that it be made part of the record
which is done

filed April 28th 1831

VincentVincent the above named plaintiff says he
has prayed an appeal from the Judgment
in said cause to the Supreme CourtSupreme Court
& said plantiff on his oath says that his
application for said appeal is not made for the
purpose of or delay but because
this applicant truly believes he is aggrieved by
the Judgnment upon which said appeal
is prayed

Affidavit for an
appeal

Appeal from St. Louis Circuit CourtCircuit Court
Now at this day come the parties aforesaid by their respective
attorneys and all and singular the premises are by them submitted to the
Court and the court now here being sufficiently advised of and concerning
the same consider that the Judgment aforesaid in form aforesaid by the said
Circuit CourtCircuit Court rendered be reversed and for nought held and esteemed, and it
is ordered by the Court that this cause be remanded to the said Circuit CourtCircuit Court
for further proceedings therein in conformity with the opinion of this court
delivered at this term thereof in the case of RalphRalph against Coleman DuncanColeman Duncan
and it is further considered by the Court that the said VincentVincent the appellant
recover against the said James DuncanJames Duncan the appellee his costs and charges
by him about the prosecution of his appeal in this case expended and that
he have thereof execution

I, JosephJoseph C BrownBrown clerk of the Supreme CourtSupreme Court for the Third
Judicial District of the state of MissouriMissouri do certify that the above and
foregoing is a true copy of the Judgement rendered by the said court in the case
of VincentVincent appellant aganist James DuncanJames Duncan appellee at the May Term thereof in the year Eighteen Hundred and thirty three as the same now remains of Record
in my office.

copy of Judgement

Depositions of Witnesses produced, sworn, and examined
at the court house in the Town of MadisonvilleMadisonville in the
county of HopkinsHopkins and State ofKentucky KentuckyKentucky, before me,
MeredithMeredith Myers MyersMeredith Myers A. Justice of the peace in and for
the county & State aforesaid, in a certain cause
now depending in the circuit court of the county
of St. LouisSt Louis, State of MissouriMissouri between VincentVincent (a man
of colour), who is plaintiff and James DuncanJames Duncan is deft
on the part of the deft. WilliamWilliam Gorden of lawful
age, being produced, sworn and examined depo
-seth and sayith- Question for Deft were you
or not acquainted with a certain negro boy named
[ Vicent ] owned by Jesse DuncanJesse Duncan and with
s.d DuncanDuncan if so State whether the said negro-
was hired in the State ofIllinois IllinoisIllinois in the year
1816, 17 or 18 or not Ans I knew the boy, & was well
acquainted with W. Duncan he moved to this
county in 1815 settled in the woods, cleared, land
raised crops of Tobacco, I would think the
force he had from the work that was done in
his place and my knowledge of his business
(as I was frequently there) that the boy was not
hired there during that time Mr. DuncanDuncan did
in 1818- And further this deponent saith not.

I MeredithMeredith Myers MyersMeredith Myers a Justice of the peace in and

for the county of HopkinsHopkins and State ofKentucky KentuckyKentucky
do hereby certify, that WilliamWilliam Gorden the depone
nt
was by me sworn to testify the whole truth
of his knowledge touching the matter in contro
versy in the cause aforesaid; that Deponent was
examined, and his examination reduced to writing
and subcribed by said deponent in my presence
on the 20th of August 1833 between the hours of 8
O Clock A.M. and 6, O Clock, P.M. at the courthouse in
in MadisonvilleMadisonville into the county of HopkinsHopkins and State of KentuckyKentucky gives and certified the 20th of August 1833

Also the Deposition of Alexander Milley
taken at the same time & place named in
the caption to be read as evidence in the
cause. This deponent being of lawful
age and first duly sworn and examined on
the part of the Defendant, deposith and Saith
Question by Defendant. Were you or not acquainted
with a certain negro by named VincentVincent owned by JesseJesse Duncan
DuncanJesse Duncan and also with said Ducan if so state whether
or not the boy was hired in the state of IllinoisIllinois in the
year 1816, 17, or 18 and when Jesse DuncanJesse Duncan moved to this
County. Ans I [ hird ] a near neighbor to Mr.Jesse DuncanJesse Duncan
and was then very often. I know the boy well and

was well acquianted with Mr. DuncanDuncan . He moved
to this county in the fall 1815 and lived a near
neighbor to me until his oath which was in November 1818
I do not believe the boy was ever in the State ofIllinois IllinoisIllinois
at the lick until after the old man's death
Mr. DuncanDuncan had a blacksmith shop at his house
and I worked in the shop a good deal and had
an opportunity of knowing whether his negroes
were from home or not and am confident that
he Mr. DuncanDuncan let none of his negroes go
to the State ofIllinois IllinoisIllinois in his life time.
And further this deponent sayith sid.

I Merideth Myers a Justice of the peace in and for the
County of HopkinsCounty of Hopkins and State ofKentucky KentuckyKentucky, do hereby cer
-tify that AlexanderAlexander Miller the deponent, was
by me sworn to testify the whole truth of his knowl
-edge touching the matter in controversy in the
cause aforesaid; the deponent was examined, and
his examination reduced to writing, and subscribed
by said deponent in my presence on the 20th of August 1833 between the hours of 8 O'clock A.M. and 6 O'clock P.M. at the courthous in MadisonMadison
ville in Hopkins CountyHopkins County & State ofKentucky KentuckyKentucky given
& certified the 20th August 1833.

And further proceedings herein are continued
until 8 O'clock tomorrow morning. This 20th of August 1833.

Also the deposition of HenryHenry Millen taken
on the 21st August 1833 and at the same place men
=tioned
in the caption to be read as evidence in the
same court this deponent buy of lawful ages and first
duly sworn and examined on behalf of the defendant
deposes and sayeth

Question by the defendant [ was ] you
or [ was ] you not living a neighbour to JesseJesse Duncan DuncanJesse Duncan in the year of 1817 and 18 and [ was ]you not frequently there
and made acquainted with the sd.DuncanDuncan family

Answer I lived [ lived ] a [ neighbour ] to Mr. DuncanDuncan
at that time and was well acquainted with the family at that

Question by samee did you are not know Vincnet
a slave belonging to sd.DuncanDuncan

Answer I did.

Question by same do you know
any thing of this boy VincentVincent ever being hired
in IllinoisIllinois during that time

Answer. No I believe he never was notfor if hired had
I should have known it as I was being a near neighbour
to Mr. DuncanDuncan

And further precursory, upon

I Meredith MyersMeredith Myers a Justice of the peace in and for
the county of HopkinsHopkins and State ofKentucky KentuckyKentucky do hereby certify
that HenryHenry Miller the deponant was by me sworn to tes
=tify the whole truth of his knowledge touching the matter
in controversy in the case aforesaid that deponant was
examined and his examination reduced to writing and subscribed
by Sd. deponant in my presence on the 21st August 1833 between the hours of 8 O'clock A.M. and 6 O'clock P.M.

at the court house in the town of MadisonvilleMadisonville
in the county and state aforesaid given certified the 21st day of August 1833.

And further proceedings herein are contained until
8 O'clock tomorrow morning this 21st August 1833

Also the deposition of George WrightGeorge Wright taken
on the 22nd August 1833 and at the same place men=
tioned in the caption to be read as evidence in the
same cause this deponant being of lawful age and first
duly swornand examined on behalf of the defen
=dant
deposes are sayith

Question by defendant how long have
you known JesseJesse Duncan DuncanJesse Duncan . Answer about fifty
years how Question by same how long since did did you know VincentVincent a slave belonging
DuncanDuncan . Answer Yes. Question by same how long
had you known this VincentVincent Answer forty odd years
Question by same [ was ] you acquainted with sd.DuncanDuncan family after became to HopkinsHopkins county Kentuc
ky and did you not live a neighbour to him during
his lifethe whole time he live hence. Answer I did.
Question by same What time did he come here and what
time did he die. Answer To the best of my knowledge
he moved here in the year 1815 and died in the face of
1818 Question by same did you ever know of sd.
DuncanDuncan living his boy VincentVincent during the time of 1815
16 - 17- and 18 inclusion in the state of IllinoisIllinois
Answer I did not

Question by same [ was ] you acquainted with John
Steel was he a man of good or not and
what is the general opinion of him

Answer I was and I say he is a man of bad character
and for their reason he came here married into one
of the most respectful families in the county had
two or three children by the woman he married went
off and left him and the reaseon why he done so I dont know
whether he is constitutionally mean and that is the
general opinion

I Meredith MyersMeredith Myers a Justice of the peace in and
for ths county of HopkinsHopkins and state of KentuckyKentucky do hereby
certify that George WrightGeorge Wright the deponant was by me sworn
to testify the whole truth of his knowledge touching the
matter in controversy in the case aforesaid that depo
=nant was examined and his examination reduced to wri-
ting and subscribed by sd. deponant in my presence on the
22nd August 1833 between the hours of 8 O'clock A.M and 6 O'clock P.M at the [ court house ] in the town of Mad
=isonville in the county and state aforesaid
Given and certified this
22nd day of August 1833

And further proceedings are contained until
8 O'clock [ to morrow ] morning this 22nd of August 1833

Be it remembered
that at a Supreme CourtSupreme Court for the third Judicial
districk of the State of MissouriMissouribegun and held
at the city of St.LouisSt Louis within and for said dis-
trict on the Second Monday of September in the year of our Lord one thousand eight hundred and thirty there is among the words of the
proceedings of said Court on which was
as follows.

And now at this day come the parties afore
said by their respective attornies and the Court
now him being Sufficiently advised of and
concerning the formed is consider that the judg-
ment aforesaid in form aforesaid by CircuitCircuit Court
CourtCircuit Court produced be and for nought held and
esteemed, and it is ordered by the Court that the
cause he commanded to the said Circuit CourtCircuit Court
for futher proceedings to the said Cause in Conformity with the opinion of this Court delivered
in this case, and it is further considered that
the said VincentVincent of the said JamesJames Dun-
can his costs and by him explainded in the
prosecution of his writ of Error herein explain-
ded, and that he have thereof Execution."

The opinion of the Court delivered in this case
as follows-

This is an action for freedom under the Statue of this State brought

by VincentVincent against DuncanDuncan , the defendant plead-.
ed the general issue and that the plaintiff was
a slave on to both which pleas issue was joined, &
found for the defendant and judgement was given
accordingly. To this judgement VincentVincent has
brought up the case by writ of Error.

It was in evidence that the plaintiff had been hired
to labour at the IllinoisIllinois SalineSaline near Shawnee
town from the year 1817 till the year 1825 when
he was taken and carried bound to KentuckyKentucky that
he was the reputed slave of a family in KentuckyKentucky
by the name of DuncanDuncan ; That John DuncanJohn Duncan and some
times the defendant were in the habit of going to
the saline aforesaid and hiring the plaintiff out
and receiving pay for his hire. That the plaintiff
after remaining these some time became disobedient
to James DuncanJames Duncan and discovered an unwillingness to go
to KentuckyKentucky with JamesJames Ducan and on some pre-
tence got permission of James DuncanJames Duncan to stay at
the SalineSaline to and settle his affairs; that finally he
was taken and carried by force as above mentioned
that in 1826 he was delivered by John Ducan to
the defendant to be disposed of at the defendant's
pleasure that issue the plaintiff had been in St LouisSt Louis
he had admitted himself to be the slave of JamesJames Dun
can. The Court instructed the Jury that by the
constitution of IllinoisIllinois. The plaintiff might lawfully
have been hired at the OhioOhio SalineSaline in IllinoisIllinois from
year to year without being removed to any other
State at the end of each year without âworkingâ his
emancipation.

2. If the Jury are satisfied that the owner of VincentVincent
residing in KentuckyKentucky desired to withdraw him
from the SalineSaline and attempted to do so but was
prevented by VincentVincent that in such case VincentVincent can
not recover.

3. That under the ordinance of 1787 the bare fact
that VincentVincent wrought at the IllinoisIllinois SalineSaline from 1817
till 1825 does not work his emancipation.

4. That under the ordinance of 1787 the plaintiff
can not lawfully claim his freedom by reason of
any residence in IllinoisIllinois which does not amound
to a permanent settlement and the acquistion of a
regular domicil there.

5. That the Constitution of IllinoisIllinois is not and can
not be controlled by the ordinance of 1787 as to the
existence of slavery within that State.

6. That if the Jury shall be of opinion that the
plaintiff constantly down to the Fall of 1889 when
this suit was brought acknowledged himself a
slave such evidence is legal and valid and they may
found their verdict upon it.

These instructions are assigned for error.
1st By the Constitution of IllinoisIllinois Negroes may be
hired to work at the SalineSaline if they be not hired
for more than 12 months at a time.

If a negro were really hired to labor at the SalineSaline
for five years the fact that the negro at the end
of each year was removedk over to KentuckyKentucky and afterwards brought back would not cure the fraud
We conceive then that if the negro were in good faith
hired there for one year only that at the end of the
first year he might be again hired another year
without being taken across the line of the State.

In this instruction then nothing wrong is seen
2nd If the owner of VincentVincent could lawfully hire his
negro for 12 months at the saline an involuntary escape
of his negro at the end of the year would hardly be
construed to cause a forfeiture, but it could hardly
be conceived that the evidence here given could
warrant such an instruction.

It rather appears that the negro was unwilling to go

and the master was unwilling to use force.

The instruction then is wrong.

3 Nothing can be conceived more vague than the
instructions here asked. The ordinance was made to
prevent the introduction of slaves into the territory
of which IllinoisIllinois was a part. This court has
several times decided that if the owner of slaves
look them with him into IllinoisIllinois with intent to re-
side there and did reside there keeping his slaves
it was a fraud on the ordinances and the slave be-
come free. If he stay in KentuckyKentucky and send his slave
over to IllinoisIllinois to reside there it is equally a vio-
lation of the provisions of the ordinance The evidence
here is that his owner hired him to labor there.
Had the negro eloped from his master and gone over
to IllinoisIllinois without his owners knowledge or consent
the case is provided for by act itself. The state
of the case did not warrat the instruction It
might mislead the Jury and is wrong.

4. The object of this instruction is not easily
perceived. It appeard to the court that a slave is
not capable of acquiring either a permanent settle-
ment or regular domicil by residence this instruction
is also unwarranted and erroneous.

5th This instruction is not erroneous

6th Any fact admitted by the plaintiff might
be given in evidence against him and he would be
reduced to the necessity of disproving such fact.
But whether he be a slave or not is a conclusion
of law from certain facts which may or may not
exist. Such an admission made even by a lawyer
would be no evidence.

This instruction was surely wrong.

The Counsel for the plaintiffs prayed the court
to instruct the Jury that if the plaintiffs resided at
the OhioOhio SalineSaline as a laborer in the year 1817 by
the consent of his master he was entitled to his
freedom. This instruction was refused.

The constitution of IllinoisIllinois was adopted in
1818 and it was in evidence that the plaintiffs

It is hereby certified that Meredith Myer
Esq. on , the twentieth, twenty first and twenty
second days of August in the year of our
Lord one thousand eight hundred &
thirty three was and now is a Justice
of the peace within and for the County
and State aforesaid duly commissioned
and acting as such and that full
faith and credit are due to his
acts as such

for defor

1834180133 years of age 1834

I wish you to case for the
tion of the sd negro slave if
he believes April 16 1832
Alex Roger you are

for defd.

Opened filed Sept 25 1833

Depositions for Deponant

You are hereby commanded to summon Robert DuncanRobert Duncan
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 Thirtieth day of December at the City St. LouisSt Louis, then and there to testify and
the truth to say in a certain matter of controversy now pending in our said Court,
wherein VincentVincent is plaintiff and
James DuncanJames Duncan is defendant on the
part of the plaintiff and have you then there this writ.

Service this writ or the
within named Robert DuncanRobert Duncan
on the 14th Decr. 1833 in
the CityCity of St Louis of St LouisCity of St Louis

for

You are hereby commanded to summon Robert DuncanRobert Duncan
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 ninth day of April at the city of St. LouisSt Louis, then and there to testify and
the truth to say in a certain matter of controversy now pending in our said Court,
wherein VincentVincent is plaintiff and
James DuncanJames Duncan is defendant on the
part of the plaintiff and have you then there this writ.

for

Executed this writ on RobertRobert Duncan DuncanRobert Duncan
in the city of St LouisSt LouisMarch 1832;, John R Wilkin Shff

We command you to attach RobertRobert Duncan DuncanRobert Duncan
by his body and him safely keep, so that you have his body before
the Judge of our Circuit CourtCircuit Court , now in session at the City of St. LouisCity of St Louis, within and for the County of St. LouisCounty of St Louis,
forthwith100 then and there to testify and the truth to say in a
certain matter of controversy, now pending in our said Circuit CourtCircuit Court , between VincentVincent
is plaintiff and James DuncanJames Duncan
defendant wherein the said Robert DuncanRobert Duncan has
heretofore been summoned on the part of the said plaintiff

Executed this writ & have the body
of Robert DuncanRobert Duncan in open court

Attachment
for

We command you to summon Eighteen good and lawful men
of your county that they be and appear before the Judge of our
Circuit CourtCircuit Court now in session at the city of St LouisSt Louis written and
for the county aforesaid on Wednesday the Sixteenth Instant
at the hour of Nine of the clock in the forenoon of that day then
and there to serve as Jurors in the case of VincentVincent against JamesJames Duncan
DuncanJames Duncan and have you then there this writ

Executed this writ by Summoning the follo=
ing named persons to who are
good & lawful men of my county to
attend & serve as Jurors at the time
& place as by this writ I owe command
to wit

1 That to sayJohn MJohn M Gillie Elbridge G Samours

2 John A Wm H Boyce AndrewAndrew J Husbands
Caloim Francis John Cowie HenryHenry Becket John
Whitehill HenryHenry BowlesSamuelSamuel Burks
DanielDaniel Loyd Wm R. Lurpen DurhamSpaldingSpalding
Martin Simpson John Riggin FrancisFrancis Layon

Venine

fee will 72.

We the Jury find the plantiff a slave

1. By the Constitution of IllinoisIllinois the plantiff might
lawfully have been hired at the this SalineSaline, in
IllinoisIllinois from year to year without being unmoved to
any other state at the end of each year, without working
his emancipation.
given

2. If the that the of VincentVincent residing
in KentuckyKentucky, desired to bring him home to KentuckyKentucky
& atten plea to do so but was prevented by VincentVincent
the plaintiff cannot recover.

2. Under the ordinance of 1787, the plantiff VincentVincent
cannot show himself entitled to his freedom by
proving that he brought at the IllinoisIllinois SalineSaline
from 1817 tell 1825
not given

3. Under the ordinance of 1787, The plantiff VincentVincent
cannot carefully claim his freedom by reason
of any residence in IllinoisIllinoiswhich in care
of a free but such residence as, in case of a
free man would amount to a settlement &
the acquisition of a regular domicil there
not given

4. The Constitution of IllinoisIllinois is not & cannot be
controlled by the ordinance of 1787, as to the
existence of slavery in that state
given

6

Introducing.

Points 1. IllinoisIllinois had not the power to form a
constitution which could authorize
in that State in any shape
slavery cannon exist in IllinoisIllinois in L
L Because the cause for by the ordinance of
&c which was to all for at
Law or seal Constitutions
3. The Constitution of IllinoisIllinois shall such a
construction of as to make it & not repugnant to the ordinance
4 That according to the construction slaves
could have been legally hired at the
Ohil SalineSaline but the exception in the sd Section
only to apply to such person
as was bound to labor by contrast or
Induenture
5 If the IllinoisIllinois Slavery to a
limited the true sonstruction of its that
no slave should be hired at that place for
more than a year at a time

Instructions

rejected
1. If the Jury can recollect from the that the
plaintiff rase did at the OhioOhio SalineSaline as a laborer there in
the year 1817 by consent of his master he is
entitled to his freedom

|given|
2) If the Jury can gram the evidence that
herewithplantiff was hired by his Master to remain at
the OhioOhio SalineSaline in IllinoisIllinois for more than one
year at any one time after the adoption of
the Constitution & he did Summon there more
than a year at a time the plantiff is
entitled to his freedom

|rejected|
3) If the Plantiff was disobedient to the person
to be claimed him as a slave & ran about
pretty much as he pleased while hired at the
SalineSaline this does not prove that he was a
fugitive from labor

|rejected|
4 If consentthe plantiff proms. that he was sum
at the OhioOhio SalineSalinealmost daily for 4 years he
has made out a prema faine title to his freedom
& at his open the defendants to show that he left
the State ofIllinois IllinoisIllinois if he did so

The defendant moves the Court to instruct the jury

|given|
1. That by the constitution of IllinoisIllinois, VincentVincent the plaintiff
might lawfully have hired at the public SalineSaline
in IllinoisIllinois, from year to year, until the end
of the year 1825 without was being removed to another state at the end of every term
without working his emancipation

|given|
2. If the Jury are satisfied from the evidence, that
the owner of VincentVincent , residing in KentuckyKentucky,
was desirous of withdrawing said VincentVincent from the Illnois Saline, and attendattempted to Withdraw
him but was prevented by VincentVincent him
self, the plantiff cannot remove

|not given|
3.That if the residence of VincentVincent in IllinoisIllinois
was by his own desire, or free consent
that residence cannot work his freedom

|given|
4. That under the ordinance of Congress
of 1787, the have past that VincentVincent
the plantiff brought at the IllinoisIllinois
SalineSaline, , from 1817 to 1825 one not work his emancipation

(given)
5. That under the ordinance of Congress, of
1787, VincentVincent the plantiff cannot lawfully
clam his freedom by reson of any residence
in IllinoisIllinois which does not amount to a
went settlement, the acquisition of a regular

domicil there.

|given|
6. That the Constitution of IllinoisIllinois is not &
cannot be controlled by the Ordinance of of 1787, as to the existence
of slavery within the CircuitsCircuit Court of that State.

(given)
7. That if the jury shall be of opinion from the evidence
that VincentVincent the plaintiff, constantly down to the
Fall of 1829, when this suit was brought, such
evidence is legal validacknowledged him
=self a slave, such evidence is legal & valid
and they may found their verdict upon it.

|given|
8. If VincentVincent the plaintiff is a slave, though not
the slave of James DuncanJames Duncan the defendant he
cannot review in this action.

Instructions