Joe, a black man vs. Colman Duncan, James Duncan
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To the Honorable WilliamWilliam C. CarrCarr Judge of
the Third Judicial Circuit

The petition of Joe a black man, held as a slave
represents that for about eleven years last past he has
been held as a slave by one Coleman DuncanColeman Duncan &
James DuncanJames Duncan : that said Coleman DuncanColeman Duncan held him & claimed him as a slave till about three years
ago, when with said Colemanâs consent he was
taken from KentuckyKentucky to GalenaGalena in IllinoisIllinois where
he was held as a slave & has been held as a slave till
this present time: that for about a year last past
he was so held as a slave at GalenaGalena aforesaid by
James DuncanJames Duncan who then claimed your petitioner as
his slave that your petitioner brought suit against
said James DuncanJames Duncan for his freedom, which suit
proved unavailing as your petitioner is informed chiefly
for the reason, that said ColemanColeman , was proved
to be the real owner, or the person against whom
the suit should have been brought ;your petitioner
States, furthermore, that for
some six or seven years in succession your petitioner
was hired out in the State of IllinoisIllinois at the salt
works, where he said to work during the fall of each
of those years some times or three months at a time
that this last mentioned work was within eleven years
last past. Wherefore your petitioner insists that he
is free & that he is entitled to sue as a pauper for the
attainment of the judgement of the court to that effect,
and prays that he may he permitted so to sue and that
counsel may be assigned him .

Joe his

X

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

Joe being duly sworn on his
oath with that the statements in above mentioned
petition contained are true

Sworn to & for his

X

mark
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Third Judicial Circuit
St. Louis County ss.

at chambers June 8th 1830

It is herely ordered that Joe the person in
above petition named he permitted to sue as a poor
person to establish his freedom and that JosiahJosiah Spalding
SpaldingJosiah Spalding be assigned as his counsel and it is
further ordered that said petitioner have reasonable
liberty to attend his counsel and the Court when occasion may require; and that said petitioner shall
not be taken or removed out of the jurisdiction of
the court nor he subject to any severity because of
his application for freedom.

WillWill C. CarrCarr
Judge 3 CircuitCircuit Court

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StateCircuit Court of MissouriMissouri
County of St.LouisCounty of St Louisss.

Joe being duly summon his oath saith
that he has no doubt that said Coleman DuncanColeman Duncan or
James DuncanJames Duncan or both of them will as soon as opportunity
permits, seize him carry him out of the state of MissouriMissouri that they have both of them
told this deponent that they meant to carry
him to AlabamaAlabama and sell him; and that they will
accomplish this object in spite of the order of the judge
or court is deponents belief that neither said
JamesJames nor ColemanColeman is a citizen of
the State of MissouriMissouri: That this deponent sued for

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St. Louis Circuit CourtCircuit Court for July term 1830

County of St. LouisCounty of St Louis Joe a blackman permitted
to sue for freedom, by his attorney assigned by
the court complains of Coleman DuncanColeman Duncan and JamesJames Duncan
DuncanJames Duncan of a plea of trespass. For that the said Coleman DuncanColeman Duncan
and James DuncanJames Duncan on the first day of May in the year of our Lord one thousand eight hundred and twenty eight
to wit at St. LouisSt Louis county aforesaid with force and arms
made an assault upon the said Joe and then and there beat, bruised and ill-treated him said Joe and then and thereimprisoned
him the said Joe and kept & detained him in prison
there without any reasonable or probable cause whatsoever
for a long space of time to wit from thence hitherto contary
to the laws of this state and against the will of
said Joe and said plaintiff aver that before and at the
time of the committing said grievances he was and still is
a free person and that said defendants held and detained him and still hold and detain him in slavery
and said plantiff saith that said defendants committed the
wrongs aforesaid and other wrongs then other did to the
said plantiff againsts the peace of the state and to the
damage of said plantiff of five hundred dollars &
therefore he brings his suit

J SpaldingJ Spalding Atty

for Joe
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State ofMissouri MissouriMissouri
St. Louis County at chambers June 8th 1830.

It is hereby orderd that Joe the person in above petition
named be permitted to sue as a poor person to establish his freedom and
that Josiah SpaldingJosiah Spalding be assigned as his counsel and it is further
ordered that said petitioner have reasonable liberty to attend his counsel and the court when occasion may require and that said petitioner 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

WillWill C. CarrCarr 3. Circuit

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County of St LouisCounty of St Louis
The state of MissouriMissouri

To the Sheriff of St. Louis County
greeting

We command you to summon ColemanColeman Duncan DuncanColeman Duncan and
JamesJames Duncan DuncanJames Duncan that they be and appear before the judge of
our Circuit CourtCircuit Court at the next term there of to be held at the
City of St. LouisCity of St Louis within and for the County of St. LouisCounty of St Louis on the
fourth monday of july next then and there to answer to
Joe a free Negro boy held in slavery of a plea of Trespass
to the Damage of said plantiff 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 this ninth day of June in the year 1830

Archibald GambleArchibald Gamble Clerk

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No. 47 July Term

St. Louis Circuit CourtCircuit Court

Joe a black man suing
for freedom
and
Coleman DuncanColeman Duncan and
James DuncanJames Duncan

Trespass &

False imprisonment $500 Issue Summons

filed

J SpaldingJ Spalding June 1830

A GambleArchibald Gamble Clk

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Excuted this writ on James DuncanJames Duncan in the city of St. LouisSt Louis9th June 1830 by reading to him the order of the judge he refused to
hear the petition and summons and Declaration read and acknowledging the
serviceColeman DuncanColeman Duncan not found

R SimpsonR Simpson Shrff

Service 1.00
50
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freedom at GalenaGalena in IllinoisIllinois for freedom which
suit was not tried on the merits, but was defeated
on the ground that the wrong person was sued
& that there said James & Coleman made all
search for this deponment in order to carry him
off that they did at that time seize and carry
away several other slaves similarly situated,
but were not able to find deponent.

Sworn to and subscribed before
me this 19th June 1830

Jo

X

his mark

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State ofMissouri MissouriMissouri


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Joe a black man
vs
Colman DuncanColman Duncan and
James DuncanJames Duncan

petition

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JamesJames Duncan DuncanJames Duncan impleaded
with ColomanColoman Duncan DuncanColoman Duncan vs. Joe a black man

And the said James DuncanJames Duncan , who is impleaded with
Coloman DuncanColoman Duncan , and by E BatesEdward Bates his attorney causes & defends
the force injury where fore and says that he is not
guilty of the wrongs & trespasses above said to his charge,
in manner and form as the said Joe has above thereof complained against him, and of this
he puts himself upon the County

E BatesEdward Bates Atty

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And for a further plea in this behalf the
said James DuncanJames Duncan says that the said Joe
ought not to have & maintain his action aforesaid against
him the said JamesJames , because he says that the said Joe
at the time of the committing of the said supposed trespasses was
and still is a slave without this that the said
Joe was at the said time a free person as he has
above in his declaration alleged and of this he
the james puts himself upon the County

filedJuly 28th 1830

E BatesEdward Bates Atty

A. G. Clerk

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No 47
July Term 1830
JamesJames Duncan DuncanJames Duncan
vs
Joe a black man

Pleas
1.Not Guilty
2.Plaintiff a slave

filed july 28th 1830

AArchibald Gamble GambleArchibald Gamble Clerk

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Death of plaintiff suggested and sent about
Book 6 page-114

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Defendent costs
charges in page 138 of fee book