James Henry v. William Walker
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St. Louis Circuit CourtCircuit Court For November Term 1834

County of St. LouisCounty of St Louis Ss:

JamesJames HenryHenry a mulatto
boy permitted to sue as a poor person by J SpaldingJ Spalding
his next friend complains of William WalkerWilliam Walker of a plea of tres-
pass. For that the said defendant WalkerWalker
heretofore to wit on the first day of october in the year of our Lord one thousand eight hundred and thirty four at said County with force
and arms &c. assaulted the said plaintiff, & him
then and there did beat bruise & ill treat &
then and there imprisoned him said plaintiff
& kept and detained him in prison there for a
long time without any reasonable or probable
cause, to wit hitherto contrary to law & against
the will of the plaintiff and said plaintiff
avers that before and at the time of the com-
mitting the grievances aforesaid, he was and
still is a free person, & that the defendant
then held and detained him and still holds
& detains him in slavery, and other wrongs
to said plaintiff there and there did con-
trary to law and against the peace & dig-
nity of the State of MissouriMissouri. To the dam-
age of said plaintiff of two hundred dol-
lars & therefore he brings his suit

J. SpaldingJ Spalding

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In Vacation
at ChambersChambers
County of St LouisCounty of St Louis

On reading the foregoing petition & affidavit & being of opinion that
said petition contains sufficient matter to authorize the commencement of suits
for freedom on behalf of said RachaelRachael & her child JamesJames HenryHenry I hereby
Order that they be permitted to sue as poor persons to establish their freedom
& assign as their counsel Josiah SpaldingJosiah Spalding Esqr and I furthermore order
that said petitioner & child have reasonable liberty to attend their counsel
and the court when occasion may require & that said Rachel & James HenryHenry
shall not nor shall either of them be taken or removed our of the jurisdiction
of the St Louis Circuit CourtCircuit Court nor be subject to any severity because of their applica
-tion for freedom â

St LouisSt LouisNovember 4th 1834

L E LawlessL E Lawless Judge 3rd Judl. Circuit

A true copy of the order

A GambleArchibald Gamble Clerk

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County of Saint LouisCounty of Saint Louis Ss;
The State of MissouriMissouri

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

We command you to summon William WalkerWilliam Walker that he be
and appear before the Judge of our circuit court at the next November Term
thereof to be held at the city of St LouisSt Louis within and for the county of SaintSt Louis
LouisSt Louis on the Fourth monday of November instant then and there to answer
unto JamesJames HenryHenry a mulatto boy permitted to sue as a poor person by J SpaldingJ Spalding his next friend of a plea
of trespass to the damages of the said plaintiff of two 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 twenty secondfourth day of November one thousand eight hundred and thirty four

Archibald GambleArchibald Gamble Clerk

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No 83

November Term 1834
St. Louis Circuit CourtCircuit Court

JamesJames HenryHenry
vs
William WalkerWilliam Walker


Trespass
Issue Summons

J. SpaldingJ Spalding
atty

Filed 4th November 1834

Archibald GambleArchibald Gamble Clerk

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JamesJames HenryHenry a boy
of color
vs
William WalkerWilliam Walker

And the said defendant WalkerWalker by
GambleArchibald Gamble his attorney comes and defends the force and
injury when and says that he is not guilty of
the said supposed wrongs and injuries above
laid to his charge in manner and form as the said
plaintiff hath above thereof complained against him
and of this he puts himself upon the county

HH R Gamble RH R Gamble GambleH R Gamble
for Dft

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No 83

Saint Louis Circuit CourtCircuit Court
November Term 1834

JamesJames HenryHenry
vs
William WalkerWilliam Walker

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Excuted this writ by reading it & the declaration
together with the copy of the order made by the
Judge of the Circuit CourtCircuit Court to William WalkerWilliam Walker
the defendant in the county of St LouisSt Louis on the
4th day of November 1834

JJames Brotherton BrothertonJames Brotherton Sheriff
by MM Brotherton BrothertonM Brotherton Dept Shff

Service $ 1.00
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County of St. LouisCounty of St Louis, sct.
State of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting.

You are hereby commanded to summon
Elias T LanghamElias T Langham & Frederick D. Ortley
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 twentythird day of March next
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 JamesJames HenryHenry is
plaintiff and William WalkerWilliam Walker is
defendant on the part of the
Plaintiff and have you then and there this writ.

Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this 29th day of February in the year of our Lord one thousand eight hundred and thirty six

JnJohn Ruland .RulandJohn Ruland

Clerk, C.C.
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Executed this writ by reading it to the
within named persons on the4th day of March 1836 in the county of St LouisSt Louis

Service 1.00

J BrothertonJames Brotherton Shff
by G HammondG Hammond Depty

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March Term 1836
JamesJames HenryHenry
vs.
WmWilliam Walker WalkerWilliam Walker

Sub for Plff

Elias T. LanghamElias T Langham
Frederic D. Ortley

23rd March 1836.
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JamesJames HenryHenry
vs
William WalkerWilliam Walker

St. Louis Circuit CourtCircuit Court

Be it remembered that on the
trial of this cause Elias T. LanghamElias T Langham was called as
a witness on the behalf of the plaintiff who testified
that in the fall of the year 1830 he the wit-
ness then residing at or near the month of the StSt Peters.
PetersSt Peters came to St. LouisSt Louis and that one T. B. W.
Stockton then sent by witness to Major Brant of
St. LouisSt Louis to purchase a slave that one RachelRachel
the mother of the plaintiff was purchased for said
StocktonStockton & was by the witness taken up to him
to Fort SnellingFort Snelling &c. (copying the Bill of exceptions
in case of RachelRachel vsWalkerWalker throughout the statement
of the testimony). then proved as follows)

and it was further proved that the plaintiff
JamesJames HenryHenry is the same child, that was
born of said RachelRachel at PrairiePrairieduChienChien , while
She was held as a slave by said StocktonStockton , as
Stated in said Stockton's letter.

No other testimony was given on either side
The plaintiff then by his counsel asked the court
to decide the law governing the case to be
that if said plaintiff the court should be of
opinion from the evidence, that the plain-
tiff was born of said RachelRachel at Praise du-
ChienChien , while She was held there as a slave
by said StocktonStockton , that then he is entitled to
his freedom: which decision & opinion the court
refused to give: but decided that the said JamesJames
HenryHenry was not freed thereby: to which opinion

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of the court declaring the law governing the
case, the plaintiff by his counsel excepted

and afterwards within the time allowed by
law the plaintiff moved the court to set aside
the finding of the court in this case &
grant a new trial for the reason in
writing filed that the said finding was against law &
against evidence, which motion was by the
court overruled, to which opinion of the
court overruling said motion the plaintiff
by his counsel excepted & prays the court
to sign & seal this his bill of exceptions
which is done accordingly

L E LawlessL E Lawless

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No 83

November Term 1834

JamesJames HenryHenry
vs
Walker

Bill of exceptions

Filed April 5th 1836

John RulandJohn Ruland Clerk

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Remanded from supreme Court
submission & judgment for plaintiff - Book 8 page 164