Milly, a woman of color, v. James Duncan
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No
Saint Louis Circuit CourtCircuit Court
November T 1835

MillyMilly
vs
James DuncanJames Duncan

Petition & order of
the Judge

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To the Honorable the Judge of the Circuit Court
of the County of St LouisCounty of St Louis the Petitions of MillyMilly
a woman of color respectfully represents

That she was born a slave in the state of
KentuckyKentucky and so, the property of Jesse DuncanJesse Duncan
of that state that she has became since the property
of James DuncanJames Duncan who in the month of
July in the year eighteen hundred and
thirty four took your petitioner to GalenaGalena
in the state of IllinoisIllinois where your petitioner
was held by the said James DuncanJames Duncan as a
slave for same three or four weeks and
was then removed by him to DubuqueDubuque
a place on the western side of the Mississipi
River North of the Northern
line of MissouriMissouri and within the mining
region called DubuqueDubuque mines where he
held your petitioner as a slave in the performance
of the ordinary labour of a slave
from sometime in August or September
1834 until the month of June 1835 when
in consequence of your petitioner having
commanced procedings to recover her
liberty she was removed by the said JamesJames Duncan
DuncanJames Duncan to the Town of LouisianaLouisiana in the state of MissouriMissouri
and subsequently she was brought
down the river LouisianaLouisiana and is now in the
city of St LouisSt Louis where the said James DuncanJames Duncan
claims her as a slave wherefore your
petitioner prays that your honor will grant
her leave to sue as a poor person to recover
her freedom and will make the necessary
orders to that and and your petitioner &c

Sworn to and signed before one at St LouisSt Louis this
Eight day of October eighteen hundred thirty fivePeterPeter FergusonFerguson Justice of the peace
County Saint LouisSt Louis State ofMissouri MissouriMissouri

MillyMilly her mark

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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 within and for the county aforesaid MillyMilly a woman of color
the petitioner in the foregoing petition
who being by me duly sworn upon her oath says that the facts stated in her
foregoing petition are true

Sworn to & subscribed
before me this 8th day of October 1835

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State of MissouriMissouri sct

On the foregoing petition is ordered
that the petitioner MillyMilly be permitted to sue as a poor persons to establish
her freedom and HH R Gamble RH R Gamble GambleH R Gamble is
assigned as her counsel and it is further
ordered that the petitioner milly have
reasonable liberty to attend her counsel
and the Court when occasion may
require and that she shall not be taken
or removed out of the jurisdiction
of the Circuit CourtCircuit Court of St Louis County
nor he subject to any severity because
of her application for freedom.

Given at my chambers in the city
of St LouisSt LouisOctober 9. 1835.

L EL E Lawless LawlessL E Lawless
Judge3d JudCt

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State of MissouriMissouri Act

The State of MissouriMissouri to James DuncanJames Duncan
Greeting

Whereas it has bean made to appear to
the satisfaction of the Judge of the St LouisSt Louis is Circuit CourtCircuit Court that MillyMilly a woman of color
who has presented her petitioner to said judge for leave to due as a poor person to establish her freedoms
is about to be removed out of the Jurisdication
of the Circuit CourtCircuit Court of St Louis County These
are therefore to command you that you have
the body of the said milly before the said judge
on the eleventh day of October instant at the
hour of ten October instant at the House of said Judge then and there to be dealtwith according
to law and herein fail not at your peril

Given under my hand & read at my
chambers in the city of St LouisSt Louis this 10th day of October 1835

L EL E Lawless LawlessL E Lawless
Judge3d JudCt

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In the Circut CourtCircuit Court
November Term 1835
Saint LouisSt LouisCounty CourtCircuit Court

MillyMilly a free Woman of
color by GambleArchibald Gamble her attorney complains
of James DuncanJames Duncan of a plea of Trespass
for that the said JamesJames on the first day of October, in the year eighteen hundred and thirty five with force and
arms at the county aforesaid an as-
sault did make in and upon the said MillyMilly and her the said MillyMilly
then and there did beat and bruise
and did then and there take and im-
prison the said MillyMilly and her the said MillyMilly
did keep and detain her from thence
hitherto in prison and the said MillyMilly
avers that before and at the time of the
committing of the said grievances she
the said MillyMilly was and still is a free person on and the
said MillyMilly further avers that the said
DuncanDuncan at the time of committing
the said grievances held and detained
and still holds and detains her the said
MillyMilly in slavery against the peace and
dignity of the State and to the damage
of the said MillyMilly of five hundred dol-
lars and therefore she sues&c

A R Gamble &
T PolkT Polk attys
for Plff

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State of MissouriMissouri sct

On the foregoing petition it
is ordered, that the petitionerMillyMilly be permitted
to sue as a poor person to establish her freedom
and HH R Gamble R GambleH R Gamble is assigned as her counsel
and it is further ordered, that the petitioner
MillyMilly have reasonable liberty to attend her
counsel and the court when occassion may
require, and that she shall not be taken
or removed out of the jurisdiction of the CircuitCircuit Court
CourtCircuit Court of St LouisSt Louis county nor be subject to any severity
because of her application for freedom -

Given
at my chambers in the city of St LouisSt LouisOctober 9th 1835

L E LawlessL E Lawless Judge 3d Jud Ct.

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The State of MissouriMissouri County of Saint LouisCounty of Saint Louis

To the Sheriff of the county of St LouisSt Louis
Greeting

We command you to Summon James DuncanJames Duncan
that he be and appear before the judge of our cir-
circuit court at the next term thereof to be held
at the city of St LouisSt Louis within and for the county
of Saint LouisSt Louis on the second monday of November
next then and there to answer unto MillyMilly
a free woman of color of a plea of Trespass to the
damage of the said plaintiff of five hundred dollars
and have you then there this writ

Witness Archibald GambleArchibald Gamble Clerk
of Our said Circuit CourtCircuit Court at
office this 10th October A D 1835

Archibald GambleArchibald Gamble clerk

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James DuncanJames Duncan Mat found in my County
Oct 24th 1835

J BrothertonJames Brotherton staff
by G HammondG Hammond Depty

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No 63
St Louis Circuit CourtCircuit Court November T 1835

MillyMilly
vs
JamesJames Duncan DuncanJames Duncan

Action of Trespass
asst & batt &c to recover
freedom

Let a Summon
issue

Gamble & Polk
for plff

Filed 10th Oct 1835

Archibald GambleArchibald Gamble Clerk