Carey, a man of color v. Benjamin Wilder
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In the of the
Circuit CourtCircuit Court for St LouisSt Louis
Circuit State ofMissouri MissouriMissouri

The petition of CareyCarey a man of color represents
to your honor that he is entitled to his freedom
but that he is since held in by BenjaminBenjamin
at St LouisSt Louis in said - your
petitioner states that the following are the facts
which your petitioner to his freedom
your petitioner states that about nine years ago
your petitioner was the slave of oneThomasThomas
I - that about the time last
Said took your Petitoner to the StateIllinois
ofIllinois IllinoisIllinois near for the purpose of employ-
ing your Petitioner in the mining
and that Said hiredyour Petitioner to
in the State ofIllinois IllinoisIllinois, at , for
about 3 weeks to different individuals; that
Said employed your petitioner about
three weeks in digging minerals near
in the state of IllinoisIllinois - that Said
then from IllinoisIllinois with your-
Petitioner that Said claims
your Petitioner as his salve claims to the through
said ThomasThomas your Petitioner further
says that Said talks of sending your Peti
-tioner to some distant place your petitioner
is a fraid do so
reasons to fear. your petitioner therefore prays that
he may be permitted to for his
freedom as a poor person that to
him to prosecute his -that a of

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said
to bring your Petitioner that such
he had may be in the personal safety of your Petitioner

CareyCarey his mark

x


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the above named Petitioner
on his says that the facts in the
above Petition stated are true.

CareyCarey his mark

x



sworn to the 8th march 1831


G Bird

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I Judge of the Circuits
Court for the Circuit StateMissouri
ofMissouri MissouriMissouri du on that the be permitted to as a poor
person to establish his freedom and to
Said as his to
Said for freedom an
also orderthat Said shall have reasonable
liberty to attend the Courthis counsel
may require and also that Said
shall be taken out of the
of the Circuit CourtCircuit Court for St Louis County
StateMissouri ofMissouri MissouriMissouri to any
because of his application for freedom
March 8th 1831

WillWill C. CarrCarr

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No. 53
March term 1831

petition of
for freedom and
order that he may
sue as a poor person

filed 8 March 1831

A GambleArchibald Gamble

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State ofMissouri MissouriMissouri

St Louis County


CircuitCircuit Court CourtCircuit Court 3rd/11 judicial
Circuit State ofMissouri MissouriMissouri
March term A.D. 1831.

CareyCarey a man of color by
John Stub his attorney complains of Ben-
jamin Wilder of a plea of assault
and battery and flase imprisonment for
that , Court, on the first day of
January in the year eighteen hundred and
twenty seven at StSt Louis LouisSt Louis in said county
The said BenjaminBenjamin Wilder WilderBenjamin Wilder then & there with
and arms an
the and then and there beat
Bruised wounded & illtreated the said
and then & there falsely imprisoned
and illegally and forcibly kept and detai
ned him the imprison therefor
a long space of time, from the first
day of january eighteen hundred and twenty
seven aforesaid the time of the
of this suit and the said
Plaintiff over that During the period of the
aforesaid imprisonment the said defend
ant did daily with force and
and beat the said plaintiff
at the place aforesaid and the
said plaintiff avers that before and at
the time of the committing the said sever-
al grievances he was still is a free
person and that the said Defendant - held
and detained and still holdes and detains
said plaintiff in slavery said
plaintiff says that he is greatly injured

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and hath maintained damage to one
thousand dollars therefore he sues

John


for

plaintiff


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County of Louis The State ofMissouri MissouriMissouri

To the Sheriff of Said County -
We Command you to summon Benjamin WilderBenjamin Wilder that he
and appear before the Judge of our Circuit CourtCircuit Court at the next
thereof to be here at the City of StLouis within and for the
county of StLouisSt Louis on the fourth monday of March
then and theno to answer unto CareyCarey a man of color of a
plea of assault and battery and false improvenment
to the damage of said plaintiff of one thousand dollars
have you then this

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Archibald GambleArchibald Gamble Clerk
of our said court of Office
the eighth day of May 1831

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I WilliamWilliam C.CarrCarr . Judge of the CircuitCircuit Court CourtCircuit Court for the
third judiceal Circuit State ofMissouri MissouriMissouri do order that
the above named petitioner be permitted to sue as a
poor person to establish his freedom and I to said
John Steel as his counsel to commence & prosecute Said
for freedom and I also, order that said Cary
Shall have reasonable liberty to attend the court of his coun-
sel when occasion may require and also that said Cary
Shall not be taken out of the Jurisdiction of the circuit
Court for St. Louis County State ofMissouri MissouriMissouri nor be subject
to any severity because of his applicaton for freedom
March 8th 1831

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No. 53.

St. Louis CircuitCircuit Court CourtCircuit Court
March term 1831

CareyCarey a man of color vsBenjamin WilderBenjamin Wilder

This is a suit for
freedom an action
of [ apaut ] and [ batery ] &
imprisonment
Damages $1000.00
The Clerk of the St. LouisCircuit Court
Circuit CourtCircuit Court will
pleas to issue a sum
mons John
for plaintiff

8. March 1831

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Send this writ by to Benjamin WilderBenjamin Wilder
the writ & Declaration and also the copy of order of
the Judge on the writ & the peti
tion to him on the 8th day of March 1831. in the city of St. LouisSt Louis

John R WalkerJohn R Walker Shff

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of writ 100
50
1.50

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In the CircuitCircuit Court CourtCircuit Court
March Term 1831

BenjaminBenjamin Wilder WilderBenjamin Wilder

CareyCarey , man of colour

and the said BenjaminBenjamin by GambleArchibald Gamble
his attorney comes and defends, the force and when &
and says that he is not guilty of the said supposed [ trespapes ]
above said to him charge or any part thereof in manner and
form as the said CareyCarey has above thereof, complained against
him. and of this the said BenjaminBenjamin puts himself upon the
County.

and for a further plea in this behalf the said BenjaminBenjamin
says that the said CareyCarey ought not to have or maintain his afore-
said action thereof against him because he says that at
the time of the commencement of the said action by the
said CareyCarey he the said CareyCarey was a slave with
that the said CareyCarey at that time was a peeman,as he
said in manner and form as he, said CareyCarey , has in his Dec
laration thereof allged, and this he, said BenjaminBenjamin is
ready to verify.

HR GambleH R Gamble defnts attorney

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Factfile 194

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186 186
189 Book 6 189
207 207

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No 53
March term 1831
Carey

Benjamin WilderBenjamin Wilder


Carey, man of color

Pleas - not guilty


filed april 1st 1831

A GambleArchibald Gamble clerk

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CareyCarey

Said CareyCarey on his oath says that about
the 8th of June Said Wilder who claims this
as his slave this to captain
for the purpose of on board
of the Slave boat St LouisSt Louis for a trip from
St LouisSt Louis to New OrleansOrleans & from there back
that this was taken on board of
said Boat against his will & taken to New
OrleansOrleans that he returned on board of
Said Boat to St LouisSt Louisabout the first of
July that soon after his return he
called on his counsel on when
to about making
preparations for his trial said
informed this that it was
to prepare his case for trial
by the term of the court
had again for
& must appear in court & be as
to this
says that soon after his return from New OrleansOrleans
he was taken sick & has
under the care of a physicican to this time
that when this case was called for trial
last friday this was under the operation
of medicine & unable to attend court.
This says that during his he has
been treated with severity by Wilder
he has suffered for want of food & clothing
but forced to work when he was sick & unable
to work

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This believes he is entitled to his freedom
& if permitted can procure the evidence to establish
by the term of this court the of
this him LouisianaLouisiana MissouriMissouri &
IllinoisIllinois to take
be at both places with
for plaintiff whant galin a are semral & there
shond be ma cirtanly of procuring their positions
in the same day or week. It was the
intention of the to have been ready
for trial at this term & he believes he should
have been prepared if he had not been prevented
by his trip to New orleans made us aforesaid

CareyCarey his mark

x


sworn onted before
sum a justice of the piece of
S LouisS Louis county august 22rd 1831

John BJohn B

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CareyCarey vs Wilder

Said CareyCarey also means
to set aside the non
suit in this case & file
this to share
the reason in addition
to the one filed

2. namely that when this
[ cause ] was called for
trial he had a good
cause for continue
but in as presented from
showing it by

et BirdBird aty

for

Piff


filled august 22nd 1831

A GambleArchibald Gamble clerk

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CareyCarey
vs
Wilder

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Carey
vs
Benjamin WilderBenjamin Wilder

On the calling of this [ cause ] for
trial Said CareyCarey was called & was not personally
present Gustavus a BirdBird one of the for
the plaintiff moved for a continuance & it was
agreed by the parties that the statement of Said. BirdBird to be made
as counsel for CareyCarey & that of Mr Prius made
on oath should be received as the ground of the
motion in line of an affidavit. and said BirdBird
stated as follows that since the taskcontinuance
of the [ cause ] he receivedinformation that the
defendant

had put Said CareyCarey on board of the Slave Boat
St LouisSt Louis for the purpose of sending him to New
OrleansOrleans - This affiant on receiving this information
immediately up a Petition stating the infor-
mation thus received, for the purpose obtaining
a writ of Habeas Corpus - to said
Slave Boat St LouisSt Louis& Said Captain Prius who
informed said BirdBird that said had
hired him said CareyCarey to work on board
said Boat from St LouisSt Louis to New OrleansOrleans & from
there back to St LouisSt Louis - the [ Sl ]Boat St LouisSt Louis
was just about to set out of port & said
BirdBird was of opinion that an application for an
writ of Habeas Corpus would have been unavail
ing - he therefore did not make the
application said BirdBird states that Plaintiff
reside in or near GalinaGalena IllinoisIllinois
& LouisianaLouisiana MissouriMissouri - That if the facts which
CareyCarey has stated & sworn to are true said CareyCarey
is in his opinion entitled to his freedom

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said BirdBird states that previous to the time CareyCarey
was taken to New OrleansCarey had stated to
said BirdBird the names of his & their
residence of which Said BirdBird had made a
memorandum which was lost or mislaid
Said CareyCarey returned from New OrleansOrleans about
the first of July - after his return he called on
Said BirdBird
that there was not
sufficient time to take his the
- Said BirdBird says that of the
Statements which CareyCarey has made to him & which
he beleives are true. Said CareyCarey has material
for him residing near LouisianaLouisiana
aforesaid & galena aforesaid whose depositions
can be procured by the term of this court
states that on or about the
8th of June last hired him
the plaintiff to work on board the [ Sl ]boat StSt Louis
LouisSt Louis for a trip from St LouisSt Louis to New OrleansOrleans
& from there back to St LouisSt Louis - that said
Boat started for New OrleansOrleans with said CareyCarey
on board & returned from there to St LouisSt Louis
with the said CareyCarey on board about from the
to the 4th July last and the said CareyCarey was then delivered to the said defendant . The Court decided that
the facts stated furnished cause for a
continuance & the plaintiffs motion
whereupon the plaintiff to the opinion
of the Court & prays that this of
may part of the
is done

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WilliamWilliam C. CarrCarr