Daniel Wilson, a man of colour, v. Edmund Millard
View original image: Page  001
[missing figure]

State ofMissouri MissouriMissouri
StSt Louis LouisSt Louis county

Ss

WilliamWilliam O Briant being sworn
says that he is arguanted was the Damel a
Black man claimed us the slaue of
millen the this affeant knowns
that said millar the kept sand banul
same time as his shame in illinais state
land Danil was there as mar as i can
recollect in the spring about
and afterwards in the summer about
a fortnight during which time said
DanielDaniel was principally employed at work
for said Mellvville & was occasionally
hired to labor for a third in IllinoisIllinois this
affiant knows that DanielDaniel was hired
by said Mellville to labor there to George
Bridges harvesting to & Buant
making thus and to sum making
thus the time whose referred to are last
spring of summer & said donid
sram this day sum on st louisSt Louis

Sworn to and subscribed
before me this 14th day of November AD 1834

PatrickPatrick Walsh WalshPatrick Walsh

Justice of the peace

View original image: Page  002
[missing figure]

To the circuit court of St LouisSt Louis county
& state of MissouriMissouri

DanielDaniel WilsonWilson a man of color
by your petitioner states that he is now held
in slavery at St LouisSt Louis in the state aforesaid
by EdmundEdmund Millard but your
petitioner states that he is entitled to his
freedom. The grievances of your petitioners
freedom are as follows in March AD 1834
said Mellvin settled permanently in the state
of IllinoisIllinois at which place he kept your
petitioner with him as a slave putting him
to labor there & hiring him out for wages
for about a fortnight at a place near
Lebanon - your petitioner was then
sent to MissouriMissouri. and again in
July last your petitioner was ordered
back to the state of IllinoisIllinois where he
was again hired out in that state for
wages by said Mellvin & kept there at
labor for about a fortnight when he
was again sent to MissouriMissouri
your petitioner for the reasons aforesaid
prays that he may be permitted to institute
suit as a poor person to establish his
freedom that counsel may be assigned
to him & that such orders may be
made in his liberty as his case & the
law requires

DanielDaniel WilsonWilson his

X

mark
View original image: Page  002
[missing figure]

Said petitioner DanielDaniel on has oath says that
the facts in the above petition his stated are
true

DanielDaniel WilsonWilson his

X

markSworn and subscribed to before me this
31st day of March 1835

PatrickPatrick Walsh WalshPatrick Walsh

justice of the peace
View original image: Page  003
[missing figure]

St Louis Circuit CourtCircuit Court March term 1835 Thursday 2nd April 1835

HarrisHarris L LHarris L Sproat Esquire presents to the court the petition of DanielDaniel WilsonWilson a man of color praying
that he may be permitted to institute suit against EdmundEdmund Mellvin MellvinEdmund Mellvin to establish his right to freedom
and that he may be permitted to sue as a poor person thereupon the court permit the said DanielDaniel
WilsonWilson to sue as aforesaid and direct that an action of assault and battery and false imprisonment be
commenced against the said EdmundEdmund Mellvin MellvinEdmund Mellvin in the name of the said DanielDaniel WilsonWilson and assign said DanielDaniel WilsonWilson as his counsel and it is ordered by the court that the said EdmundEdmund Mellvin MellvinEdmund Mellvin permit the
said DanielDaniel WilsonWilson to have a reasonable liberty of attending his counsel and the court, when occasion
may require it and that the said DanielDaniel WilsonWilson shall not be taken or removed out of the Jurisdiction
of this court and that he shall not be subject to any severity of treatment on account of his said
application for freedom

A True copy of the order of the court

Archibald GambleArchibald Gamble Clerk

View original image: Page  003
[missing figure]
No 10 July term 1835
DanlWilsonWilson
vs
EdmundEdmund WilsonWilson

petition of

DanielDaniel WilsonWilson

filed April 2nd 1830

A GambleArchibald Gamble clk

View original image: Page  003
[missing figure]

Entered Book 7 page 351

View original image: Page  004
[missing figure]

State of MissouriMissouri

Circuit court third judicial dis-trict July term 1835

St Louis
County ss

DanielDaniel WilsonWilson a man of colour by HarrisHarris his attorney
complains of Edmond Mellvin senior of a plea of trespass
assault and battery and false imprisonment for that heretofore
to writ on the first day of April eighteen hundred and thirty four
the said defendant with force and arms an assault did make
upon him the said plaintiff and him the said plaintiff did
then and there beat wound and iltreat and un lawfully imprison
and hath kept and detained him in prison there from the
day last aforesaid to this day contrary to the of the statute
in such case made and provided against the peace and dig-
nity of said state and the plaintiff that before and
at the time of the said several grievances he
was and still is a free person and that the Defendant
held and detained and still does hold and detain the
plaintiff in slavery

Wherefore the plaintiff says he is greatly injured
and hath sustained damages to five hundred dollars
and therefore he sues

Harris S.

Atty for plaintiff
View original image: Page  004
[missing figure]

County of Saint LouisCounty of Saint Louisss

The State of MissouriMissouri

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

We command you to summon Edmond Mellvin 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 St LouisCity of St Louis within and for
the County of Saint LouisCounty of Saint Louis on the fourth monday of July next then and there to answer unto
DanielDaniel WilsonWilson a man of color of a plea of trespass, assault and battery and false imprisonment
wherefore the said plaintiff says he is injured and hath sustained damages to five hundred dollars
and haveyou then there this writ

[missing figure]

Witness Archibald GambleArchibald Gamble Clerk of our said Circuit CourtCircuit Court
at office this third day of April in the year of our Lord one thousand Eight Hundred and thirty five

Archibald GambleArchibald Gamble Clerk

View original image: Page  005
[missing figure]

Executed this writ by reading it and the declaration
affidavit and order of the Count to EdmundEdmund
Melvin on the 3rd day of april 1835 in the
CountyCounty of St Louis of StCounty of St Louis LouisCounty of St Louis

JJames Brotherton BrothertonJames Brotherton shff

by MM Brotherton

BrothertonM Brotherton D shff

Service 1. 00
View original image: Page  005
[missing figure]
No 10.

Saint LouisCircuit Court CircuitCircuit Court CourtCircuit Court
July term 1835

DanielDaniel Hilorn
vs
EdmundEdmund Melvin

This is a suit for freedom 300
under the Statute - - -

Damages

'3.00
The clerk will
please issue the process required
by law - - - filed 3rd april 1835


3rd aprilâ
View original image: Page  006
[missing figure]

St. LouisSt LouisCircuit court
July term 1835

DanielDaniel WilsonWilson
vs
EdmondEdmund Melvin

And the said, defendant by
J Fielding his attorney comes and defends the force and
injury when says that he is not guilty of the as the said supposed assault and trespass above laid to his
charge in name and form as the said plantiff
hath above thereof complained against him and of
this he puts himself upon the county

J. Fielding


Atty for Deft
View original image: Page  007
[missing figure]
No10

July term 1835
St. LouisCircuit Court CircuitCircuit Court CourtCircuit Court

DanielDaniel WilsonWilson (colored man)
vs
EdmondEdmund Melvin

plea
not guilty

J Fielding Atty

filed july 14th 1855

A GambleArchibald Gamble Clk

View original image: Page  008
[missing figure]

CircuitCircuit Court CourtCircuit Court July TermA.D. 1836

DanielDaniel WilsonWilson
man of color
vs
EdmundEdmund Melvin

And the said
plaintiff in thisentitled
and for a

1. the on the a

2. the

3.
to the an In
that to

4.

5.
the the

View original image: Page  009
[missing figure]

To the Circuit CourtCircuit Court
July term A.D. 1836

Danl. WilsonWilson
man of colour
vs
EdmondEdmund Melvins

Suit for freedom
reason for new trial

filed 6th Aug 1836

John RulandJohn Ruland

View original image: Page  010
[missing figure]
DanielDaniel WilsonWilson a
man of colour
vs
Edmund MellvinEdmund Mellvin

Suit for freedom in St LouisSt Louis
circuit court

The above named DanielDaniel prays an appeal from the
judgement of said court to the Supreme CourtSupreme Court
and he declares on his oath that his said appeal
is not made of visitation or delay but be cause
he verily believes that he is aggrieved by the judgement
of said circuit court.

DanielDaniel his WilsonWilson

X

mark Sworn to & subscribed in open court
August 15th 1836

John RulandJohn Ruland clk

View original image: Page  011
[missing figure]
DanielDaniel WilsonWilson
vs
EdmundEdmund Mellvin MellvinEdmund Mellvin

Affidavit for an appeal

Filed 15 Aug: 1836

John RulandJohn Ruland clk

View original image: Page  012
[missing figure]

Verdict of jury in case of Millrith

View original image: Page  012
[missing figure]

We the jury find the
defendant not guilty

Jn. Charles
freeman

View original image: Page  013
[missing figure]
DanielDaniel WilsonWilson
vs
EdmundEdmund Melvin

Bill of exceptions

Filed 24Aug: 1836

John RulandJohn Ruland Clerk

View original image: Page  014
[missing figure]
DanielDaniel WilsonWilson
man of colour
vs
EdmundEdmund Melvin

Circuit court- July termAD. 1836

Suit for freedom
Be it remembered that is the trial of the
above entitled case before said court, a jury
by sworn and
the proceeding accquisitions were read
on the part of the plaintiff (here the clerk said
defendant said depositions are exceptions and cer-
tificates) s. certain John was
then called in the part of the plaintiff, who
being sworm, testified as follows that he
said
that had charge of said Melvin's
children, that said Melvin being in
for the value of or charge for the schooling of
of
said children, He said Atchinson
send out and attached the proper-
ty of said Melvin to wit his horses & wagon; sold Atchinson
stated that said Melvin brought corn
to St. LouisSt Louis which he said he had raised
on his farm in the state of IllinoisIllinois; and
fur there that said DanielDaniel was about
some time - about a month he believes
in the summer of 1834 in the state
of IllinoisIllinois
. The said plff having here
indeed his testimony, the said Deft
read in evidence the proceeding acquistions
(clerk will have in suit said deposition
the above
is all the evidence
that was laid before
the jury. The judge of said court then

View original image: Page  015
[missing figure]
instructed the jury as follows (Clerk
will release him in the instructions)

After verdict in this case the plff
enteredhis motion and plea hisreasons
for a new trial in the following words
(clerk will have in sent the motion and reasons
for new trial). The said court rendered
said motion for new trial and to
the decision of the court members said
motion, said plffexcepts; which
exceptions is filed and sealed
and made part of the in this
case.

[missing figure]
View original image: Page  016
[missing figure]

1. If the jury shall be of opinion that the defendant
hired out the plff as his slave residing in IllinoisIllinois they shall
find for plaintiff.

2 If they shall be of opinion that the a of the that of
the plaintiff defendant
being a domiciliate resident of the state of
IllinoisIllinois used the plaintiff as his slave therein
the state find for plff.

3 If the state find that the plaintiff voluntarily
went to the state of IllinoisIllinois his habitual
place of residence being in the state of MissouriMissouri and
did as a the , of that the a of .

4 If the jury shall be of opinion that the defendant
in his only a the that state and of the though
such sojourn he used the plaintiff as his
slave.