Peter, a slave vs. James Walton
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To the honourable Mr. C. CarrCarr , Judge of the Circuit
Court, of the County of St. LouisCounty of St Louis and State ofMissouri
MissouriMissouri, June 1st, 1829:

Your petitioner, PeterPeter ,
represents to your honour that he was born
in North CarolinaCarolina , the property of MM. Wal-
ton; that the said William WaltonWilliam Walton emigra-
ted from the said William WaltonWilliam Walton emigrated fr state of North CarolinaCarolina to
the State of MissouriMissouri about twenty one years since, and brought your petition
er with him as his property; that about
one year after the residence of the said Wal
ter in this State, he gave your petitioner
to his daughter ElizabethElizabeth Lunsford,
wife of Edward Lunsford, who resided
in the North Western Territory; that
the said ElizabethElizabeth Lunsford took your
petitioner from the house of WilliamWilliam Walton
WaltonWilliam Walton and carried him to the state
of IllinoisIllinois, to the house of Edward Luns
ford, where your petitioner remained a-
bout two years in the employment of
EdwardEdward and ElizabethElizabeth Lunsford; that
your petitioner is now held in slavery
by JamesJames Walton WaltonJames Walton , who resides in the
County of St. LouisCounty of St Louis and State of MissouriMissouri
when your petitioner is advised and belives
he is entitled to y his freedom, and
prays that he may be permitted to sue
in form a pauper to establish his right
thereto, and that such other orders may
be made in the premises as the law di
rects, and as may seem meet and propose
to your honour.

his PeterPeter

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mark.
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County of St. LouisCounty of St Louis
State of MissouriMissouri

Sct.

This day personally appeared
before me. PeterPeter a slave,
nien, a Justice of the peaace within
and for the County of St.LouisCounty of St Louis afore
said, PeterPeter , the above petitioner, who
being duly sworn,, says that the
facts set out in the foregoing petition,
are true to the heat of his knowledge.

his PeterPeter .

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mark
sworn and subscribed to this 1st day of June 1828.

J. B. Turner

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PeterPeter a black man
vs
James Waltan,

Petition to sue
in forma pauperis.

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State of MissouriMissouri
Third Judicial Circuit sct.

The within named PeterPeter is permitted
suit on the foregoing petition as a poor
person. To establish his freedom and John C
EdwardsEdwards Esquire is assigned as his Counsel
It is moreover ordered that the petitioner have reasonable liberty to attend his Counsel
and the court when may require
and Charlie Peterman 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. Given under my hand of my
chambers this 20. day of June 1829

WillWill C CarrCarr

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Executed this writ on James WaltonJames Walton within the county of St LouisSt Louis
July 6. 1829 by handing to him the Declaration summons
and order of the Judge.

Serve $1.00

R SimpsonR Simpson Shff

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No 40

St.Luois Circuit CourtCircuit Court
July Term 1829

PeterPeter
vs
James WaltonJames Walton

Declaration

Filed 26th June 1829

Archibald GambleArchibald Gamble

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State of MissouriMissouri
County of St. LouisCircuit Court

Circuit CourtCircuit Court. July Term 1829

PeterPeter , by his attorney Jno. C. EdwardsEdwards
complains of James WaltonJames Walton in a plea of
trespass: For that the said James WaltonJames Walton
on the 23rd day of June, 1829, with force
and arms, made an assault upon the
said PeterPeter , to wit, at the county of St. LouisSt Louis and State of MissouriMissouri, and then
and there beat bruised and ill treated
him the said PeterPeter , and kept and de-
tained him in prison there, without any
reasonable or probable cause, for a long time,
to wit, for the space of twelve hours then
next following; and the said PeterPeter overs
that before and at the time of commi
tting these grievances he was and still is
a free person, and that the defendant
held and detained him and still holds
and detains him in prisonslavery, contrary
to the law of the land and against
the will of the said PeterPeter . And other wrongs
to the said PeterPeter then and there did to
the great damage of the said PeterPeter ; where
fore the said PeterPeter saith he is injured,
and hath sustained damages to the amount as five hundred
and therefore he brings his suit .

Filed 26th June 1829
Archibald GambleArchibald Gamble

Jno. C.EdwardsEdwards
Att. for Pltff.

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PeterPeter
vs
WaltonWalton

Declaration

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County of St. LouisCounty of St Louissct:

The state of

To the Sheriff of the County of St. LouisCounty of St Louis Greeting

We Command you to summon James WaltonJames Walton 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 County of St. LouisCounty of St Louis on the fourth Monday
of July next then and there to answer unto PeterPeter in a plea
of trespass wherefore the said PeterPeter saith he is injured and
hath sustained damages to the amount of five hundred dollars
and have you then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our
said Court at Office this twenty sixth day of June Eighteen Hundred and twenty nine

Archibald GambleArchibald Gamble Clerk

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PeterPeter
vs
James WaltonJames Walton

County of St. LouisCounty of St Louis State of Mri.

This day personally [ appeares ], PeterPeter ,
before me Joseph B Turner a justice of the
peace within and for said county, and
makes oath, that an order made by
your honour the Judge of the Circuit
Court of the County of St. LouisCounty of St Louis and state
of Mri. in a suit instituted by said PeterPeter , the affiant,
for his freedom, against JamesJames Walton WaltonJames Walton ,
has been . The affiant states first
that he had been treated with unusual
severity on account of his having insti
tuted this suit for his freedom: second
ly, the affiant states that he believes
he is about to be subjected to further
severity on the same account: and
your affiant farther states that he
believes he is about to be removed
out of the jurisdiction of the above
count.

Sworn to and subscribed
this29th day of July 1829

Before J B Turner JP

PeterPeter his

X

mark

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No 40
July Term 1829
PeterPeter
vs
James WaltonJames Walton
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No 40
July Term 1829
PeterPeter
vs
affidavit
James WaltonJames Walton

Filed July 31st 1829

AArchibald Gamble GambleArchibald Gamble Clk

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James WaltonJames Walton
ads.
PeterPeter , a man of Colour

In the CircuitCircuit Court CourtCircuit Court of St. Louis County
July Term 1829

And the said James WaltonJames Walton by GeyerGeyer
his attorney comes and defends the force and injury when
and says that he is not guilty of the said supposed trespass
above said to his charge or any part thereof in manner and
form as the said plaintiff had above there of complained
against him. And of this the said JamesJames puts himself
upon the County

Filed August 3rd 1829

A GambleArchibald Gamble ClR

Geyer for Dfns

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40
July Term 1829
PeterPeter
vs
JamesJames Walton WaltonJames Walton
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JamesJames Walton WaltonJames Walton
ads
PeterPeter , a man of Colour
plea of not guilty

filed August 3rd 1829

A GambleArchibald Gamble Clk

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Non suitBook 5 page 461
Bill of Exceptions filed page 485
A GambleArchibald Gamble Clerk

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County Of St. LouisSt Louis, Sct.

The State Of MissouriMissouri,

To The Sheriff Of Saint LouisSt Louis County--Greeting.

You are hereby commanded to summon, J. Taylor Walton Archibald W. Donald
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 Seventh day of December, 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 pend-
ing in our said Court, wherein PeterPeter is plaintiff
and James WaltonJames Walton is defendant
on the part of the plaintiff; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 10th dayof November in the year of our Lord one thousand eight hundred and twenty nine

Archibald GambleArchibald Gamble

Clerk C.C.
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Executed this writ onArchibaldArchibald W. Donald
Nov 12th 1829 on John. J. Walton November 19th 1829 by Reading the terms to him

RR Simpson . SimpsonR Simpson Sheriff


by

Brotherton D Dp Shff


Serve $1.00
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November Term 1829
PeterPeter
vs
James WaltonJames Walton

for the plaintiff

John J Walton

19

ArchibaldArchibald McDonald McDonaldArchibald McDonald

19
on 7th December
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County Of St. LouisSt Louis, Sct.

The State Of MissouriMissouri,

To the Sheriff of Saint LouisSt Louis County.....Greeting.

You are hereby commanded to summon HenryHenry Walton WaltonHenry Walton and GeorgeGeorge Walton
WaltonGeorge Walton
that setting aside all manner of excuse and delay, they be and appear in proper person before
the Judge of our Circuit CourtCircuit Court , on the Seventh day of December 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 PeterPeter is plaintiff,
and James WaltonJames Walton is defendant, on the
part of the defendant; and have you then there this writ.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said CircuitCircuit Court
CourtCircuit Court , at the City of St. LouisCity of St Louis, this 10th day of November in the year of our Lord one thousand eight hundred and twenty nine

Archibald GambleArchibald Gamble

Clerk C.C.
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Executed this writ on HenryHenry [ Wallon ]November 12 1829 on George[ Watton ]5th 1829 by Reading
to them

R. SimpsonR Simpson Shff

by

BrothertonBrotherton Shff


Service $1.00
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November Term 1829
PeterPeter
vs
James WaltonJames Walton

for Defendant

+

HenryHenry Walton WaltonWalton George


+

GeorgeWalton George WaltonHenry Walton


on 7th December
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PeterPeter
vs.
JamesJames Walton WaltonJames Walton

St. Louis Circuit CourtCircuit Court
November Term. 1829.

PeterPeter , the above named Plaintiff, states
that John J. Walton, and Archibald McDonaldArchibald McDonald ,
are materila witnesses in the above cause, that
no other witness is in attendance upon, whose evi-
dence the party can safely rely to prove the
particular fact which the absent witnesses are
expected to prove, that the applicant believes he can-
not go to trial safely without the testimony of
the absent witnesses, that they are not absent
with his or , and that
these witnesses were summoned, as he believes, to
give testimony in this cause some time before
the commencement of this court.

sworn to and subscribed before
me this 31st December 1829

Archibald GambleArchibald Gamble Clerk


PeterPeter his

X

mark
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PeterPeter
vs.
JamesJames Walton WaltonJames Walton

Affidavit for a
Continuance.

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PeterPeter
vs
JamesJames Walton WaltonJames Walton

St. LouisSt Louis circuit court
November Term. 1829.

Be it remembered that in the November term of the St. LouisSt Louis circuit court, in the year of our
lord 1829, came PeterPeter , by his attorney, Jno. C.
EdwardsEdwards , and upon the calling of the aforesaid cause for trial, moved for a continuance of
the same, on the ground of absence of testimony, and offered the following affidavit
in support of said motion:

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PeterPeter
vs
James WaltonJames Walton

St. LouisSt Louis circuit court.
November Term. 1829.

PeterPeter , the above named plaintiff, states that
John J.Walton and Archibald [ McDaniel ] are
material witnesses in the above cause, that
no other witness is in attendance upon whose
evidence the party can safely rely to prove
the particular fact, which the absent witnesses
are expected to prove, that the applicant belives
he cannot go to trail safely without the testi-
mony of the absent witnesses, that they are
not absent with his or procure-
ment, and that these witnesses were summoned,
as he belives, to give testimony in this cause
some time before the commencement of
this court.

Sworn to and subscribed
before me, this 31st December 1829.

ArchibaldArchibald Gamble GambleArchibald Gamble Clerk

.
PeterPeter his

X

mark
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The court over_ruled the motion for a
continuance, on the ground that the affida
davit was insufficient in not stating that the witnesses were absent. To this

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opinion, the counsel for the plaintiff excepts,
asid prays the Judge to allow, and sign and
seal the same a

WillWill . C. CarrCarr

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PeterPeter
vs.
James WaltonJames Walton

Bill of Exceptions
Filed January 22nd 1830

A GambleArchibald Gamble Clk

Page 485
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PeterPeter
vs
JamesJames Walton WaltonJames Walton
R.V.632. sea.43.

State of MissouriMissouri,,

County of St. LouisCounty of St Louis.

This day personally appears PeterPeter , the
above named plaintiff, and makes oath
that the application for an appeal in the
above case is not made for the purposes of
vexation or delay, but because the affiant
verily believs himself aggrieved by the de
cision
upon which this appeal is prayed.

Sworn to and Subscribed before
me this27th January 1830
PeterPeter Fergueson Justice of
the peace county St. LouisSt Louis


PeterPeter his

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mark
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PeterPeter
vs
James WaltonJames Walton

Affadavit.

filed January 28th 1830

A GambleArchibald Gamble Clerk