Saint LouisSt Louis County Ralph, otherwise Ralph GordonRalph Gordon , a free,
man of colour by BirdBird his attorney complains of RobertRobert Duncan ,
DuncanRobert Duncan & James DuncanJames Duncan of a plea of Tresspass,
& Battery & false impresenment for that heretofor
to wit, on the seventeenth day of april in the year of grace eighteen hundred & thirty one at St LouisSt Louis in said
County the said Defendant the force, & arms an assault,
make upon the body of him the said plaintiff
and him the plaintiff did then & there be at & ill treat & him
the said plaintiff did then & there imprison the said plaintiff without,
any reasonable or probably, cause whatsoever, & have
kept & detained the said plaintiff in prison there as
aforesaid without, any legal or just, cause from the
day last aforesaid By means of which greivances, said
plaintiff has from atending to his
affares a large sum of
money which he other wise, could & should have
to the sum of hundred
other wrongs to the said plaintiff then & there
aginst the & of said state wherefore
plaintiff he is infured & hath sustained
Damage to five hundred Dollars & therefore to

We Command you to Summon Robert DuncanRobert Duncan & JamesJames Duncan
DuncanJames Duncan that they be and appear before the Judge of our
Circuit CourtCircuit Court at the next term thereof to be held at the city of
St LouisSt Louis within and for the County of Saint LouisCounty of Saint Louis on the fourth monday
of july instant then and there to answer unto RalphRalph , otherwise RalphRalph Gordon ,
GordonRalph Gordon , a free man of color of a plea of tresspass, assault Battery
& false improsonment to the damage of the said plaintiff of five hundred
dollars and have you then there this writ

in tresspass,
Battery & false improsement
Damages $ 500 the clerk
pleas a

Served this writ on Robert DuncanRobert Duncan
on the 5th day of July 1833 by
reading it & the declaration to him
in the City St LouisSt LouisJames DuncanJames Duncan
not found in my county 6th july 1833

	$ 100
	50
	$ 1.50

And the said Robert DuncanRobert Duncan comes,
defends, the force when and says that
he is not gulty of the wrongs & greivances, above said to his
charge, in manner form as the plaintiff has
above complained against him, and of this he
puts himself upon the County.

And for a further plea in this behalf the
said defendant says that the said plaintiff ought
not to maintain his aforesaid action because,
he says that at the time of the commencement
of this writ the said plaintiff was & still is a
to writ at the county aforesaid and this he is ready
to verify where for he prays judgement

1 not guilty,

2 plff a slave

and the said plaintiff by EA Bud,
his attorney comes and says, that he ought
not to be barred, or precluded from having
or maintaining, his said action against
said defendant by reason of any thing
by the defendant in his second plea alledged
because he says that he was not at the commencement of said, suit a slave
as an said plea alleged & of this he puts
himself upon the County

sub- verdict & judgment- Book 7 - 201

appeal 210

Fee bill 85

Replication, to
Defts 2nd plea

You are hereby commanded to summon David LawrenceDavid Lawrence JamesJames Duncan
DuncanJames Duncan John WarfieldJohn Warfield John BobbJohn Bobb
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 fourteenth day ofApril 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 Rolph alias Rolph GordonGordon , is plaintiff and
Robert DuncanRobert Duncan impe, defendant on the
part of Plaintiff and have you then there this writ.

for

Executed this writ on David LawrenceDavid Lawrence
& John BobbJohn Bobb 9th on James DuncanJames Duncan 10th
in the county of St LouisSt LouisApril 1834JohnJohn Warfield
WarfieldJohn Warfield not found

Service	$ 1.50
1	12 1/2
	$ 1.62 1/2

You are hereby commanded to summon JohnJohn Warfield WarfieldJohn Warfield , &
Calvin, Francis
that setting aside all manner of excuse and delay, they 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 RalphRalph plaintiff and
Robert DuncanRobert Duncan defendant on the
part of the plaintiff and have you then there this writ.

for

Executed this writ on Calvin, Francis
in the city of S LouisS LouisApril 23rd 1834 John
Jon Warfield, not found in my county

Service	50
	12
	62

We Command you to attach JohnJohn Bobb BobbJohn Bobb ,
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. LouisSt Louis, within and for the County of St. LouisCounty of St Louis,
forthwith, 183 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 RalphRalph ,
is plaintiff and Robert DuncanRobert Duncan is
defendant wherein the said Bobb, has
heretofore been summoned on the part of the said plaintiff

34

20

74

18 3/4

92 3/4

Jod Belts,,
JacobJacob Hawkins,
Jos T Levis,

JD Harvil,
HenryHenry G Stone
DavidDavid Kyle,
Paul J Lavish,

for
for Jno Bobb,
attachment
Witness,
in suit

Excuted this writ & have the body
of John BobbJohn Bobb in open court

You are hereby commanded to summon John McGovern,
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 twenty eighth 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 RalphRalph is plaintiff and
Robert DuncanRobert Duncan defendant on the
part of the Defendant and have you then there this writ.

for
Jn. McGovern,
28th April for
Defendant

Executed this writ on John McGovern,
in the city of St LouisSt Louis on the 26th day of April 1834

You are hereby commanded to summon Sally DuncanSally Duncan
John & Joseph
that setting aside all manner of excuse and delay, they be and appear in proper person
before the Judge of our Circuit CourtCircuit Court , forthwith day of
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 RalphRalph Gordon GordonRalph Gordon , is plaintiff and
Robert DuncanRobert Duncan is defendant on the
part of Plaintiff and have you then there this writ.

for

Served this writ on all the within
named persons 28th April 1834

and now come the partus aforesaid, by
their respective attorneys & neither party
requring a jury the cause is submitted to the court to
find the facts & determine the law ordering there
and the court after, hearing, the discussion, finds
the facts to him as follows - That in may AD 1830
the plaintiff under the statute brought this suit for
freedom against DuncanDuncan That by the
order of this court the plaintiff was hired out
during the of said suit untill some,
time in April 1831 on motion of said
Coloman DuncanColoman Duncan in that suit the court made the order of which the
following is a copy here copy the order upon the
sheriff requring him to deliver, the plaintiff to JamesJames
or Colman DuncanColman Duncan

The court finds that said JamesJames
and, the said Robert DuncanRobert Duncan as his security did in
april 1831 enter into a agreeably to the
order of said court & that there upon said
sheriff did deliver, said RalphRalph into the possession, of said
James DuncanJames Duncan & that in april or may 1831 said
JamesJames delivered said RalphRalph to said Robert DuncanRobert Duncan ,
The court finds that said Robert DuncanRobert Duncan kept
& detained said RalphRalph
as the slave of said Colman DuncanColman Duncan until
march or april 1832 and that the of said
RalphRalph this kept were the the
sum of one hundred dollars

The court finds that in the spring of 1832 said
Robert DuncanRobert Duncan hired out said RalphRalph to
David LawrenceDavid Lawrence , as the slave of said Colman DuncanColman Duncan
that said RalphRalph worked with, said Lawrence,
at seventy five cents, per day untill his wages
amounted to fifty Dollars which sum was paid,
to said Robert DuncanRobert Duncan for the hire of said
RalphRalph the court finds that in the suit by
said RalphRalph against said Coloman DuncanColoman Duncan as
aforesaid Judgment was rendered by said court

at the November, term thereof AD1833 that said RalphRalph
was a free person, & that he be liberated, from the
said Colman DuncanColman Duncan & all person claiming by
through or under him. These facts in the opinion, of the
court are not sufficient to the plaintiff to have,
& maintain his suit and from then the court
finds that the defendant is not guilty, in manner
& form as the plaintiff has in his declaration
alleged. Therefore it is considered

special

A on behalf of the said plaintiff
says he has prayed, an appeal, from the Judgment
of the Circuit CourtCircuit Court , in said cause to the SupremeSupreme Court
CourtSupreme Court that this application for an appeal is not,
made for the purpose of or delay
but, because the applicant verily believes, said plaintiff
is [ agreived ] by the Judgment aforesaid from
he has prayed said, appeal

applicant for
appeal filed
May 5th 1834

- 7 - 210