Abraham Dutton, a boy of color, by and through his next friend, Grace Dutton v. John PAca
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To the Honorable the Judge of the circuit Court of St LouisSt Louis
county

The petition of AbrahamAbraham Dutton DuttonAbraham Dutton a free boy of
color an infant under the age of twenty one years
by Grace his mother and next friend respect-.
-fully represents

That his grand mother who was named
HannahHannah was a slave the property of one JosiasJosias Dallam WilliamWilliam DallamJosias Dallam in the State of MarylandMaryland and that the said
DallamDallam while he so owned the said HannahHannah on
the thirteenth day of March in the year seventeen hundred and eighty seven a of -
by which he the siad
at the of year from the date of
said deed the in said deed that
the children or that might
from said and he in after the
of said deed should he free at twenty three years
of age. that his mother
was the daughter of said and was the year seventeen hundred and ninety two
and that your was about the month of
April in the year eighteen hundred and nineteen and
after his said mother has the age of twenty
three years. then that his mother
is in the enjoy ment of her that
your is held as a slave of St LouisSt Louis
who your as property
by his marriage with the daughter of the said JosiasJosias Dallam
WilliamWilliam DallamJosias Dallam Wherefore your petitioner prays that
he may be permitted to institute a suit as a poor person
against the said JosiasWilliamWilliam Dallow to recover his
freedom and that counsel be assigned him according to law.

Grace her

X

mark DuttonDutton
next friend
Feste

H RH R Gamble GambleH R Gamble

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State of MissouriMissouri County of St LouisCounty of St Louis

This day personally appeared
before the undersigned a Justice of the peace of
the county of St LouisSt Louis Grace DuttonDutton who being by
me duly sworn upon her oath says that the facts stated in the foregoing petition she believes to be true
Sworn before me this 2nd day of july 1834

Grace her

X

DuttonDutton mark

D HoughD Hough Justic of the peace St LouisSt Louiscounty

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On the foregoing petition it is ordered that AbrahamAbraham Dutton DuttonAbraham Dutton the
petitioner be permitted to sue as a poor person to es-
tablish his freedom and that H RH R Gamble GambleH R Gamble be as-
signed as petitioners counsel. It is also ordered that
the petitioner have reasonable liberty to attend his counsel and the court when occasion may require and
that he shall not be removed or taken out of the jurisdiction of the CircuitCircuit Court CourtCircuit Court of St Louis County nor be
subjected to any severity because of his application
for freedom

Given at my chambers in the city of St LouisSt Louis
July 11th. 1834

CarrCarr

Sct
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In the CircuitCircuit Court CourtCircuit Court
July Term 1834 SaintSt Louis LouisSt Louis County to wit

Abraham DuttonAbraham Dutton a boy of color
by HRH R Gamble GambleH R Gamble his counsel duly asigned com
plains of John PacaJohn Paca of a plea of trespass for
that the said defendant heretofore to wit on
the first day of June in the year eighteen hundred and thirty fourwith force arms at
the county aforesaid an assault did make in
and upon the said plaintiff and him the
said plaintiff then and there did beat bruise
wound and ill treat and did then and there
imprison the said plaintiff and hath ever
since kept detained and held the said plain-
tiff in imprisonment and slavery and still
holds the said plaintiff in slavery he the
said plaintiff at the time of the committing
of the said grievances and still being a free
person and other wrongs to the said plaintiff
then and there did to the great damage of
the said plaintiff and against the peace
and dignity of the state wherefore the
said plaintiff saith he is injured and
hath sustained damage to the amount
of four hundred dollars and therefore he sue &c

HRH R Gamble GambleH R Gamble


Attr for plff

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County of Saint LouisCounty of Saint Louis, ss,

The State of MissouriMissouri,

To the Sheriff of the County of saint Louis Greeting

We command you to summon John PacaJohn Paca 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 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
Abraham DuttonAbraham Dutton a boy of color of a plea of trespass wherefore the said
plaintiff saith he is injured and hath sustained damage to the amount

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of five hundred dollars and have you then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our said
Circuit CourtCircuit Court at office this twelfth day of July one thousand Eight Hundred and thirty four

Archibald GambleArchibald Gamble Clerk

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on the foregoing petition it is ordered that Abraham DuttonAbraham Dutton the petitioner be permitted tosue
as a poor person to establish his freedom and that H.R. Gamble be assigned as petitioners counsel. It is
also ordered that the petitioner have reasonable liberty to attend his counsel and the court when occasion
may require and that he shall not be removed or taken out of the Jurisdiction of the Circuit CourtCircuit Court of St. LouisSt Louis
county nor be subjected to any severity because of his application for freedom-Given at my chambers
in the city of St. LouisSt LouisJuly 11th 1834

L.EL E Lawless .LawlessL E Lawless


the above is a copy of the order of the on the patition

A GambleArchibald Gamble Clerk

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Served this writ on JohnJohn Paca PacaJohn Paca on the
12th July 1834 by offering to read to him
the writ and declaration in the city of
St. LouisSt Louis which he refused to hear, and
at the same time I made him acquainted
with of the above copy of
the order of the above permitting, the plaintiff to sue &c

Jno KJohn K Walker . WalkerJohn K Walker shff

Serv. $1.00
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No.115

Saint Louis Circuit CourtCircuit Court July Term 1834

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Abraham DuttonAbraham Dutton
vs
John PacaJohn Paca

Suit for freedom
let a summonsissue

HRH R Gamble GambleH R Gamble


filed 12th July 1834

Archibald GambleArchibald Gamble Clerk

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Abraham DuttonAbraham Dutton vsJohn PacaJohn Paca

And the said John PacaJohn Paca , the
defendant, by BatesBates his attorney, comes & defends the
force & injury when &c and says that is not guilty of the
wrongs & trespasses above laid to his charge in manner
& form as the said boy Abraham DuttonAbraham Dutton has above
thereof complained against him; and of this he put
himself upon the country

BatesBates

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And for a further plea in this behalf, the said
John PacaJohn Paca says that the said Abraham DuttonAbraham Dutton ought
not to have & maintain his action aforesaid against him, because
he says that at the said time when &c the said AbrahamAbraham Dutton
DuttonAbraham Dutton was a slave, without that the said AbrahamAbraham , was,
at the said time, a free person, in manner & form as
he the said AbrahamAbraham has in his declaration above
supposed, and of this he puts himself upon the
country.

filedJuly 30 1834

BatesBates

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Dismifedbook 9 - page 52

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Abraham DuttonAbraham Dutton vsJohn PacaJohn Paca
No 115 July term 1834

pleas. 1. not guilty

2. plff a slave

filed july 30th 1834

AArchibald Gamble GambleArchibald Gamble clk

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Be it remembered that on the trial of this
, the same being submitted for trial to the court, nei-
ther party requiring a jury; the plaintiff read in residence
the following acts of the legislature of MarylandMaryland, to wit,
âan act to prevent
disabled & superannuated slaves
being set free or the manumission of slaves by any
last will or testament â made at a session of assembly
begun & and held at the City ofCity of Annapolis AnnapolisCity of Annapolis the 3 June 1752&
âan act to continue the acts of assembly therein menâ tionedâ made at a session of assembly began & held at
the city of Annapolis the 6th November 1786. which
acts of the legislature of MarylandMaryland so read in residence
one not herein set forth it being assured by the counsel
of both parties hereto that that the same may be read & the same advantage had in effect given to the same
in the Supreme CourtSupreme Court on error as if they were incor-
porated in this will - the plaintiff then offered to
read in residence with in-authentication thereon
endorsed, a paper writing purporting to be an au-
authenticated copy for one of the land record books of
Hartford county in the state of MarylandMaryland, which pa-
per writing & in-authentication are in the words &
figures following (hereinsert - thesame) to the read-
ing of which the Deft by his counsel objected but the
court overruled the objection & permitted the same to
be read, to which the Deft by his counsel excepts
the plff: then read in evidence said paper writing & in-, authentication & one of the
slaves named in said paper writing was the mo-
ther of Grace who is the mother of the plff: & it
was admitted that HannahHannah at the time appointed
for her liberation in said paper writing was under
fifty - years of age & capable of maintaining
herself - that Grace was born in the year 1792

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& the plff: her child was born after Grace had passed
the age of twenty three years and that the defendant held the plaintiff in slavery slavery at the commencement of this suit
-there being no other
evidence on either side; the deft. upon the foregoing
testimony moved the court to decide that upon
the case made by the plff: he was not entitled to
recover his freedom, but the court refused so to
decide & decided that upon the case made by
him he was entitled to his freedom, to which de-
cision the deft by his counsel excepts & prays
the Court to issue & read his bill of exception
which is accordingly.

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AbrahamAbraham Dutton DuttonAbraham Dutton vsJohnJohn Paca PacaJohn Paca

Bill of Exceptions

Filed April 8th 1836

JohnJohn Ruland RulandJohn Ruland clerk