a free man

This is an action of
trespass assault and battery
and false imprisonment
Damages $ 200

a Summons
of John H GayJohn H Gay and
John WJohn W Honey

Executed this writ on John WJohn W Honey June 26, 1829 by
reading to him the affidavit,, declaration, writ & order of the
Judge. On John H GayJohn H Gay June 27, 1829. He refusing to hear
the same read & acknowledge served. All done in county of
St. LouisSt Louis.

Nicholas JonesNicholas Jones a free man of
colour complains of John WJohn W Honey and
John H GayJohn H Gay of a plea of trespass, For that
whereas the said John WJohn W and John HJohn H
on the first day of May in the year eighteen
hundred and twenty nine with force and
arms at the County aforesaid made an
assault upon the said NicholasNicholas and then
and there beat bruised and wounded
the said NicholasNicholas and then and there
imprisoned him the said NicholasNicholas and
kept and detained him the said NicholasNicholas
in prison there without any reasonable or
proper cause whatsoever, for a long time
to wit for the space of thirty days then
next following, contrary to the laws of
this state and against the will of the
said NicholasNicholas wherefore he says he is injured
and hath sustained damage to the
amount of five hundred dollars and
therefore he brings suit &c

We command you to summon John WJohn W . Honey and JohnJohn H Gay HJohn H Gay GayJohn H Gay
that they he 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 Nicholas JonesNicholas Jones a free man of color of a
Plea of trespass wherefore he says he is injured and hath sustained
damage to the amount of Five Hundred dollars and have you
then there this writ

The petition of Nicholas JonesNicholas Jones respectfully
showeth that he is detained in custody as a slave by
John WJohn W Honey and John H GayJohn H Gay illegally
be cause he is entitled to his freedom.

The said NicholasNicholas says that he is entitled
to his freedom because he was by his
former Master Trueman Tyler of Prince
George County MarylandMaryland regularly
emancipated many years by the
according to the laws of the State
of MarylandMaryland. The said NicholasNicholas prays
that he may be to sue as a
poor person.

agent for the Plaintiff

Personally appeared before the a Jus
tice of the peace of St. Louis County the above named
Nicholas JonesNicholas Jones who being by me duly sworn upon his
oath says that the faith stated in the foregoing
petition are true

The within namedNicholas JonesNicholas Jones is
to sue as a poor person to establish his right to freedom
and John D Coulter is asigned as his counsel and
the Clerk of St. LouisSt Louis Circuit Cort is hereby directed to sue accordingly

It is also ordered that the said petitioner have
reasonable liberty to attend his counsel and the
Court, when occasion may require; and that he
shall not be taken out of the jurisdiction of the
Court, nor be subject to any severity because of
his application for freedom.

And the said JohnJohn W WJohn W . Honey and John
H. Gay, by their attorney, come and defend
the force and injury when and say they
are not guilty of the and trespass
above said to then charge, nor any of them, in
manner as the saidNicholas JonesNicholas Jones has
above complained against them, and of this
they put themselves upon the Country.

And for a further plea in this behalf the
said John WJohn W Honey and JohnJohn H Gay H GayJohn H Gay against the said plaintiff ought to be
banned from having his action aforesaid against
them herewith they say that at the time when
the said supposed wrongs and trespass above
complained of, are alleged to have him committed,
by the said defendants, the said plaintiff was,
and still is a slave, to wit at the CountyCounty of St Louis ofCounty of St Louis StCounty of St Louis.
LouisCounty of St Louis aforesaid, without this, that the said
plaintiff, at the said time when hereby a
freeman, as in and by his said declaration
is above supposed, and of this they put themselves
upon the Country.

350
437	Book 5
458	court
32	6

Book 6Judgement for plantiff
damages 1 cent Book 6 page 32

1st plea Not Guilty

2 plea palintiff is a slave

1. not Guilty

Plt is a slave

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 Nicholas JonesNicholas Jones or John H GayJohn H Gay and & J W
Honey their attorney or agent and him, her or them examine upon his, her or their corporal oath (to be by you adminidtered) 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 Nicholas JonesNicholas Jones is plaintiff and John H. Gay &
JohnJohn W WJohn W Honey an defendant on the part of the said plantiff and having reduced the said depositions
so taken by you as aforesaid into writing, you are required to send the same, together with this commision enclosed under your
seal, to our said circuit court, with all convenient speed.

On motion of the Attorny
for the said plantiff it is ruled that a
Judge or Justice of the peace of the State of MarylandMaryland
to take the depostions of witness to be near in evidence
in the trail of the above cause on the part of the
said plantiff

WilliamWilliam Hennry Peace being
Duly sworn upon the Holy
of and
saith that some time about the
year 1816 or 1817he knew a colour
ed boy of the name of a
Nicholas JonesNicholas Jones about 12 years of
age. That this deponent had a
difference with the said NicholasNicholas Jones
JonesNicholas Jones , upon which he threw a
shell at and cut the said Ni
cholas upon the ear

on the 12 of Febuary 1830 appeared before then duly swore unto a Justice
of the Peace for said County and forWilliamWilliam H. Peace and
made oath that the fact as stated alon an
true

I hereby certify that JamesJames Hunter HunterJames Hunter
Gentleman who appears to have taken and signed
the aforegoing deposition the June of a
doing are of the State of Marylands Justice of the
peace in and for anne arundel County duly
Commissioned and Sworn

Richard JRichard J JonesJones being sworn
whom the Holy of Almighty
God the and saith that sometime
in the year 1821 he sent the sum of
five dollars to namedJonesJones (a freeman of color)for the purpose of de-
fraying expenses incident to carry-
ing Nicholas JonesNicholas Jones (son of the said sworn
) on board of a vessel com
manded by a certain JohnJohn Johnson JohnsonJohn Johnson .
This deponent further saith that he
has a perfect recollection of the said
Nicholas JonesNicholas Jones and that he was
at the time afore said about 14 or
15 years of Age that in or about
the month of August 1821 this deponent
had a with the said John
commanded as aforesaid in
which this deponent distinctly understood
that the said that the said JohnsonJohnson at the
and of the Father the said AaronAaron
aon board his vessel and em-

the said Nicholas JonesNicholas Jones as a
labourer owning his (the said Johnson's) voyage

From this fort (Annapolis) to the fort
of New OrleansOrleans and the return voyage.
That this deponent always understood
and verily believes the said NicholasNicholas Jones
JonesNicholas Jones was a free personentitled to his free
dom.

I herby Certify that JamesJames Hunter HunterJames Hunter
Gentlmen who appears to have taken and signed
the aforegoing deposition was at the time of so
doing one of the State of, Marylands Justices of the
Peace in and for AnneAnne ArundelArundel County CountyArundel County duly
Commissioned and sworn

Grace makes oath an the
of almighty God that Truman Tyler late of Prince
Geroge County with state of MarylandMaryland was mad
in the possesion of and the owner of a negro
Boy called NicholasNicholas Jones JonesNicholas Jones that with one
thousand eight hundred and twenty six when the
said Boy was about there months old the
said Truman Tyler whose slave the mother of
the said Boydied places on said Boy in the
possesion of his father a free Man of color
called Aaron Jones, but this oponent does not
her knowledge whether the said Truman
Tyler maintained him or upon what Terms he
was given to his father-- she states however that the
said Boy has never said in possesion of said TylerTyler

I hereby Certify that JamesJames Hunter HunterJames Hunter
Gentleman who appears to have taken and signed the
aforegoing deposition was at the time of so doing
one of the state of Marylandâs Justices of the Peace
in and for AnneAnne ArundelArundel County CountyArundel County duly Commiss
ioned and sworn.

filed 3rd May 1830