Lewis, a man of color vs. James Newton and Jacob Cooper
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LewisLewis a man of
Color
vs
JamesJames Newton &
JacobJacob Cooper
petition.

filed march 25th 1835
and order made

A GambleArchibald Gamble clk

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To the Circuit CourtCircuit Court of St Louis County March Term
AD 1835 State of MissouriMissouri

Your petitioner LewisLewis a Man of Color respectfully
states - that in the fall of the year Eighteen Hundred
& Twenty Two as near as your petitioner can recall it
he was the Slave of Benjamin DuncanBenjamin Duncan of the StateKentucky
of KentuckyKentucky & said Benjamin DuncanBenjamin Duncan then caused
your petitioner with his brother Ben & Several
other Slaves to be sent from the State of KentuckyKentucky
into the State of IndianaIndiana & there hired to Labor
& that said Benjamin DuncanBenjamin Duncan caused -
your petitioner & said other slaves to be hired
to labor in the State of IndianaIndiana in the year
last aforesaid for at least six weeks at a
place called Troy - Said Benjamin DuncanBenjamin Duncan
took your Petitioner from the State of
of IndianaIndiana to the State of KentuckyKentucky and
soon there after sold your petitioner to one
JamesJames Newton & Said JamesJames Newton brought
your petitioner to St LouisSt Louis where he now
holds your petitioner & claims him as his
Slave - Said Newtons Residence is in KentuckyKentucky
but your petitioner has for some time past
been hired to JacobJacob Cooper Said Newton
has now arrived in St LouisSt Louis & has time his
arrival here been endeavoring to sell your
petitioner as his Slave Your petitioner is
informed & believes that Said Newton
Sent your petitioner to MissouriMissouri to prevent
his getting his freedom & that he now
intends to send your petitioner out of this
State for the same purpose. Your petitioner
Says he is entitled to his freedom for the
reasons aforesaid & that two of the Slaves
which were sent to IndianaIndiana by Said
DuncanDuncan at the same time your petitioner
said & obtained their freedom in
consequence of there having been sent into

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IndianaIndiana & there hired to labor as before Stated
Your petitioner prays that he may be permitted
to sue as a poor person to establish his freedom that
counsel may be assigned to him & that such
further orders may be made in his behalf as
his personal Security & the law requires

Louis his Mark

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Louis the above named petitioner on
his oath says the facts in the foregoing petition
stated are true

Louis his Mark

Sworn to and subscribed
before me this24th day of March A. D. 1835.

Patrick WalshPatrick Walsh
Justice of the peace

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Saint Louis Circuit CourtCircuit Court - March Term 1835

Wednesday 25th March 1835

Gustavus A BirdGustavus A Bird Esquire presents to the Court the petition of LewisLewis a man
of Color praying that he may be permitted to institute a suit against JamesJames
Newton and JacobJacob Cooper to Establish his right to freedom and that he maybe
permitted to sue as a poor person - thereupon the Court permit the said LewisLewis to due
as aforesaid and direct that an action of Assault and battery and false im-
prisonment be commenced against the said JamesJames Newton and JacobJacob cooper
in the name of Said LewisLewis and Assign Gustaves A BirdA Bird as his Counsel
And it is ordered by the Court that the said JamesJames Newton and JacobJacob Cooper
permit the said LewisLewis to have a reasonable liberty of attending his counsel
and the court when occasion may require it - and that the said LewisLewis the
plaintiff 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

Archibald GambleArchibald Gamble Clerk

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State of MissouriMissouriCircuit CourtCircuit Court Third Judicial July Term 1835

St Louis County Ss- LewisLewis a man of color complains of
JamesJames Newton & JacobJacob Cooper of a plea of trespass assault &
Battery & false imprisonment for that heretofore
to wit on the first day of March in the year of our Lord Eighteen hundred & thirty four at
St LouisSt Louis in said County the said Defendants
with force & arms an assault did make upon
the said LewisLewis & him said LewisLewis did then &
there beat wound & ill treat & him the said
LewisLewis did then & there imprison without any
lawful or probable cause whatever &
have kept & detained him so in prison there
from the day last aforesaid to this day-
and Said plaintiff says that at & before the
time of committing the said Several grievances
he was & Still is a free person & that said
defendants have held & detained & still hold
& detain said plaintiff in slavery for
the plaintiff says he is greatly injured & hath
sustained Damages to five hundred Dollars &
therefore he sues.

G A BirdG A Bird Plffs atty

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

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

We command you to summon JamesJames Newton and JacobJacob Cooper
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 LouisCity of St Louis within and for the County of SaintCounty of Saint Louis
LouisCounty of Saint Louis on the Fourth Monday of July next then and there to answer unto
Louis a man of Color of a plea of Trespass Assault & Battery & false imprison-
ment to the damage of the said plaintiff of five Hundred Dollars
and have you then there this writ

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Witness Archibald GambleArchibald Gamble Clerk of our Said
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Circuit CourtCircuit Court at Office this twenty fifth day of March in the year of our Lord one thousand Eight Hundred and thirty five

Archibald GambleArchibald Gamble Clerk

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Executed this writ by reading it & the declaration
Affidavit and order of the Honorable Judge to
JacobJacob Cooper on the 24th and to JamesJames Newton
on the 20th day of March 1835 in the CountyCounty of St Louis
of St LouisCounty of St Louis

Service $ 2.00

J BrothertonJames Brotherton & Shff
by G HammondG Hammond Dept

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No 7

Saint Louis Circuit CourtCircuit Court
July Term 1835

LewisLewis a man of Color
vs
JamesJames Newton &
JacobJacob Cooper

Suit for Freedom
under the statute
by order of St LouisCircuit Court
Circuit CourtCircuit Court Dam $500
The Clerk will please
issue the -
Required

G A BirdG A Bird
Plffs atty

Filed 25th March 1835

Archibald GambleArchibald Gamble Clerk

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JamesJames Newton &
JacobJacob Cooper
ads
LewisLewis a Man of Color.

St. Louis Circuit CourtCircuit Court
July Term 1835.

And the said JamesJames Newton by C. D. DrakeD Drake
his attorney comes & defends the force & injury
when he & says that he is not guilty of the supposed
wrongs & grievances above laid to his charge in
manner & form of at the said plaintiff had
above in complaining alleged against him
and of this he puts himself upon the Country
&c

C. D. DrakeD Drake
Atty for deft

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And for a further plea in this behalf the said
JamesJames Newton says that the said LewisLewis ough
to be barred and precluded from
having & maintaining his action aforesaid
against the said JamesJames because he says
that the said LewisLewis at the time of the com-
mencement of his action aforesaid was &
still is a slave, without this that the said
LewisLewis at the said time was a free person-
as in & by his declaration is above suppose
and of this he puts himself upon the Country
&c

C. D. DrakeD Drake
Atty for deft

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Judgment of liberation - book 8 - page 144

Clerk Gamble's fees $ 3.01
fee book - 220

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No7
July Term 1835

JamesJames Newton
JacobJacob Cooper
ads
LewisLewis a man of Color.
Pleas

1. Not Guilty
2. In bar, that deft was a
Slave.

Filed July 14th 1835

A GambleArchibald Gamble Clk

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County Of Saint LouisSt Louis, Sct.
The State Of MissouriMissouri,

To any Judge or Justice of the Peace of the State of KentuckyKentucky
Greeting:

We, reposing special trust and confidence in your integrity and circumspection, do authorize and require you that
you cause to come before you such person or persons as shall be named to you by
Louis (a man of Color)
or by JamesJames Newton or JacobJacob Cooper his or their

Attorney or Agent, and him or them examine upon his, her or their corporal oath, (to be by you administered,)
touching their knowledge of any thing that may relate to a certain matter of controversy, now pending in our
Circuit CourtCircuit Court for the County of St. LouisCounty of St Louis, wherein
Louis (a man of Color) is
plaintiff and
JamesJames Newton and JacobJacob Cooper
are defendants on the part of the
plaintiff and having
so reduced the said depositions so taken by you as aforesaid into writing, you are required to send the same, to-
gether with this commission, enclosed under your seal, to our said Circuit CourtCircuit Court , with all convenient speed.

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Witness, Archibald GambleArchibald Gamble , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this
Twelfth day ofOctober in the year of our Lord one thousand eight hundred and thirty-five

Archibald GambleArchibald Gamble Clerk C. C.

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The nature in this case is in the same form as the
thus served on the defendant on the tenth of
October 1835 The taking of the depositions to commence
at haraugh Dames County KentuckyKentucky by the 26th day
of October 1835 between the hours of Nine October
A M. & 6 Oclock P M. & to be continued from
day to day between the same hours of each day
untill completed

In case Stands for trial Novr 18th 1835
Louis case 23d
Let the Depositions be sent by mail
as soon as may be unless a safe
private conveyance can be had

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Louis (a man of Colour)
vs
JamesJames Newton or JacobJacob Cooper
St Louis Circuit CourtCircuit Court

Clerk of the Circuit CourtCircuit Court at
St LouisSt Louis State ofMissouri
MissouriMissouri

Defendant

by
Mr. Crow.

Filed & opened 2nd November 1835

Archibald GambleArchibald Gamble Clerk

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Depositions of Witnesses taken before the undersigned a Justice of the Peace
within & for DaviessDaviess County CountyDaviess County & State of KentuckyKentucky at the Court House at Owensboro
in State & County on the days hereafter Specified at the end of each Deposi-
tion between the hours of Nine O Clock in the forenoon and Six O Clock in the after-
noon of each of said Days to be read in evidence on the trial of
a Cause pending in the Circuit CourtCircuit Court of St. Louis County & State of MissouriMissouri
wherein JudyJudy Alias Louis (a man of Color is Plaintiff. and JamesJames Newton or JacobJacob Cooper is defend-
ant - on the part of the Defendant-

I WilliamWilliam Newton of Lawful Age
being produced Sworn and Examined on the part of the Defendant
deposeth and saith-

1 Question by Defts.- Were you acquainted with Benjn Duncan
formerly of DaviessDaviess County CountyDaviess County KentuckyKentucky. The owner of JudyJudy
in this action.

Answer I was


State all the information you have on the subject of
his having sold all his Negroes Slaves to ChristopherChristopher
GrahamGraham what you heard DuncanDuncan say on the subject
and the circumstances attending it-

Answer- Benjn Duncan- was a Candidate for the Legislature in this County in
the year 1821 or 22 and I believe was charged with having made
a Sale of his Negroes fraudulently to defraud his creditors - In a speech
before the people which he BerynDuncanDuncan made on the subject he
declared that he had made the sale of his negroes in good faith
for the purpose of paying off his debts and for the benefit of his
creditors and not to injure them - I was appointed Sheriff
of DaviessDaviess County CountyDaviess County in 1823 and was very intimate with BenjaminBenjamin Duncan
DuncanBenjamin Duncan and had one Execution or more in my hands against
him at or about the time of his death and he told me then that the
sale of his negroes to GrahamGraham was made in Good faith and
to Pay his debts and that he wanted to keep his negroes together
and Prevent their being Scattered.

Question by D: Do you or do you not know that the money
received for the sale of JudyJudy was appropriated to pay
off Executions in your Hands. as Sheriff of DaviessDaviess County
CountyDaviess County - against Benjamin DuncanBenjamin Duncan

Answer. I know the said Money was so appropriated.

Wm Newton

Sworn and subjected to the 28th Oct. 1835

H. A. Hobbs J.P.

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I H. A. Hobbs a Justice of the Peace within & for the County of Daviess
& State of KentuckyKentucky do Certify the Deponent aforesaid WilliamWilliam Newton
was by me Sworn to testify the whole of his Knowledge touching the
Matters in Controversy between the Parties aforesaid that his ex-
amination was reduced to writing & by the deponent Subscribed on the day
between between the hours and at the placed as is above or herein before
stated.

Given under my hand at Owensborough
aforesaid this 28th day of October 1835.

H. A. Hobbs J. P.

Justices fee $ 1.
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I John S. McFarland Clerk of the County CourtCircuit Court of DaviessDaviess County
CountyDaviess County & State of KentuckyKentucky do Certify that the above named
H.A. Hobbs before whom the foregoing Deposition was taken
is and was at the time of taking the same a Justice of the
peace in & for the County aforesaid duly Commissioned
and Qualified and that his Acts as Such are entitled to
full faith and Audit

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In Testimony Whereof I have hereunto
Set my hand and affixed the official
Seal of said County CourtCircuit Court the 28th day of October 1835

John S McFarland

Certifying & affixing Seal 50. Tax on Seal
50 1.00 paid
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The Deposition of Wm. Newton taken
at the House EdmondEdmund Jinnings in the
Town of Troy Perry County & StateIndiana
of IndianaIndiana on the 26th day of Oct. 1835 to be read as evidence in a suit
now depending & undetermined in the
St. LouisSt Louis Circuit wherein LewisLewis a man
of Colour is plaintiff & JamesJames Newton
& JacobJacob Cooper are defendants on the
part of the Defendants the deponent
being of Lawfull age & first duly &
Sworn deposeth

Question by Defendant JamesJames Newton
was you or well aquainted with Ben-
jamin Duncan of Davis County ky a
about 1821

Answer I was
Question did you ever hear him say
that he had given a Bill of sale to
ChristopherChristopher GrahamGraham for all of his
negroes &. I if you did please State
what you heard him day on the sub-
ject

Answer

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I did in the summer 1821 heare him
Publickly say that he had sold all of
his negroes to ChristopherChristopher GrahamGraham
that he had been charged with ma
-king a fraudulent sale for the purprouses
of defrauding his creditors which he
did not & said he had sold them
in good faith and that he done it
for the purprous of inabling him to
pay his debts he also told me pri-
vately that he had sold them to said
Grayham to inable him to pay his
Debts & to keep them negroes from
Being scattered and that GrahamGraham had
agreed to let him have the Negroes &
Back if he would pay of certain debts
that sd. GrahamGraham was bound for with said
DuncanDuncan Question do you know whether
he ever did pay them debts and if so
where did he do it

Answer, I do not know whether
he ever did say them but suppose
he did by his offer to sell same of the
Negroes to mee in the year 1823

Question by Defendant
Do you know when I purchased Lewis
& Jude from from Benjamin DuncanBenjamin Duncan

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answer

I am not certain what time but
it was in the year 1823 & 1824
Further this Deponent saith not

Wm Newton

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I EdmondEdmund Jennings a justice of the peace
of perry county state of IndianaIndiana do
heareby certified that the fore going
Deposition of aWm. Newton was ta-
ken subscribed & sworn to at the place
& for the perprous stated in the
thereof given under my
this 26 day October 1835

EdwardEdward Jennings

Close the fare going
Deposition half after
5 o clock P.M Cost of
$-11 payment

EJennings

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The Clerk of the St LouisSt Louis
Circuit court

LewisLewis
vs
JamesJames Newton
Depo

Filed & opened on 2nd November 1835

ArchibaldArchibald gamble Clerk

Defendant
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LewisLewis
vs
Newton & Cooper
Affidavit for
continuance
filed Nov 14 1835

A GambleArchibald Gamble

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Louis a man of color
vs
JamesJames Minton &
JacobJacob Cooper

Gustaves A BirdA Bird on his oath
says that he is the attorney for said LewisLewis , that
when he brought this suit he believed from the
best information he could get that said LewisLewis
& a woman named JudyJudy brought to MissouriMissouri
by JamesJames Minton were to there freedom
In consequince of there having been hired to labor
by there former master BenjaminBenjamin Duncan DuncanBenjamin Duncan in
the State of IndianaIndiana. This affiant was informed
by a Mr Bayee whom this affiant knows as a
worthy & truthful man that Newton stated to
him that Lewis & Judy claimed there freedom
in consequence of their residence in IndianaIndiana &
that he had brought them to MissouriMissouri to present
there suing for freedom. This affiant is informed
& believes that two of the Negroes of BenjaminBenjamin Duncan
DuncanBenjamin Duncan who was sent to IndianaIndiana where Lewis
& Judy was for that cause recovered then
Freedom. In Judys case which was for trial last
Term this affiant gave notice of taking Depositions
at Owensborough KentuckyKentucky took act a Dedimus
wrote particularly whom to summon and examine
as witnesses & enclosed the Dedimus instructions to to
a Mr Triptall a Lawyer of that place
no notice was taken of this communication
by Mr Triptall - this affiant again took out
commissions & gave notice of taking Depositions
in KentuckyKentucky - and wrote particular instructions
whom to have examined namely- the children
of BenjaminBenjamin Duncan DuncanBenjamin Duncan a Mrs. MortonMorton & he
who acted as sheriff of Daviess CountyDaviess County KentuckyKentuckyat
the time DuncanDuncan Sent his negroes into IndianaIndiana
which this affiant understood was a notorious fact
there

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This affiant put down questions which he wished
asked the witness enclosed Ten Dollars & handed
the commissioners instructions to to a Mr of
this place who was about passing by Owensborough
who agreed to leave the packet with the same
justice of the Peace Mr as affiant is
informed barely state at Owensborough & left
the packet in the past office they fell into
the hands of the Justice of the peace who
proceeded only to take the Deposition of our
witness for Plaintiff and one for Deft
did not as he informed me think it best
to ask all the questions for a freedom

G AG A Bird BirdG A Bird

Sworn to Nov 14 1835

AArchibald Gamble GambleArchibald Gamble Clk

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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
JacobJacob Cooper, PeterPeter E. Blow, & Horatio N. Cross,
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
29th day of Marchinst.
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
Louis (a man of Color)
is plaintiff and JamesJames Newton
is defendant on the part of
the
plaintiff and have you then and there this writ.

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Witness, John RulandJohn Ruland , Clerk of our said Circuit CourtCircuit Court , at the
City of St. LouisCity of St Louis, this
22nd, day of March in the year of our Lord one thousand eight hundred and thirtysix.

Jn. RulandJohn Ruland

Clerk, C.C.
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Served this writ by reading it to the within
Named persons on the 23rd day of March 1836 in
the county of St LouisSt Louis

J BrothertonJames Brotherton Shff
By G. Hammond Depty

Service 1.50
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March Term 1836

Louis (Man of Color)
vs
JamesJames Newton

Sub: for Plff

JacobJacob Cooper
PeterPeter E. Blow &
Horatio N. Cross

18 July

for 29 March '36
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LewisLewis Newton
vs
JamesJames Newton

affidavit for continuance

Filed
29th March 1836

John RulandJohn Ruland Clerk

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Louis a Man of color
vs
JamesJames Newton

Said Louis says on his oath
that he has a good & just cause for obtaining
his freedom in said suit he refers to the affidavit
of Gustavus A BirdGustavus A Bird heretofore made in this
cause to shew the and he has made to procure
his evidence in said cause This affiant says
that Peggy Morton Living at the yellow Bank
in the State of KentuckyKentucky is a Material
Witness for him & by her he can prove that
Benjamin DuncanBenjamin Duncan Some Nine or twelve
years ago was the Master & owner of this
affiant & claimed him as his slave that said
DuncanDuncan then to prevent your affiant & other
slaves from being on an Execution
sent your petitioner & them into the state of IndianaIndiana
& there caused him to be hired out to Labor
for sixweeks with one Isaac__WrightWright
who lives near Fray in IndianaIndiana Those facts
were known to Many persons but this affiant
does not now know where to find any person
by whom he can prove said facts except
said Peggy Morton aforesaid & EdmondEdmund
Jennings living at Fay IndianaIndiana & said WrightWright
Yet he believes that if he could procure some
further agent to go to Davis County
KentuckyKentucky to Fay IndianaIndiana he could obtain
sufficient evidence to obtain his freedom

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your petitioner states that since the commencement of
his suit he has been all the while in there under
the contract of the Defendant or hired out
by the sheriff that this affiant has not had
the benefit of his labor â that he had
hoped that some friend would have furnished
him with money sufficient to procure his
depositions to be taken in KentuckyKentucky and
IndianaIndiana & to employ same faithful agent
to do it for him but it has as yet been
utterly beyond his power to do either or
scareely to procure himself comfortable â
clothing & he further says that JosephJoseph
has so much confidence
in the justice of his cause & the integrity of
your affiant that he hasengaged
that if this affiant can procure a continuance
of his cause they he will furnish the funds
necessary for the taking his depositions in
said cause in KentuckyKentucky & IndianaIndiana & to
employ some suitable person to attend to
the taking of them and this affiant believes
he can procure the testimony of said
Peggy Morton Issac_ Wright & Edmund
Jennings by the next Term of this court
This affidavit is not made for us action
or delay but that Justice may be done

Sworn to & Subscribed in open court
this 29th March 1835

John RulandJohn Ruland Clerk
LewisLewis X Newton
his Mark

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Louis a man of color
vs
JamesJames Newton

Suit for freedom In StCircuit Court
Louis Circuit CourtCircuit Court State ofMissouri
MissouriMissouri

The above named defendant & his attorney of
Record Charles D DrakeEsqr will please to take
notice that Depositions will be taken in said
cause on the twentieth day of Juneinstant between
the hours of nine O clock A M & 6 O clock P M.
at the plans here the mentioned to wit at the
office of EdmundEdmund Jennings in TroyCounty of
> and State of IndianaIndiana and also at
the Court house in OwensboroDavisCounty & StateKentucky
ofKentucky KentuckyKentucky and the taking of said Depositions
with be continued at eachplan from day to day
between the same hours of each day untill completed
on the part of the plaintiff

G A BirdG A Bird atty for
Plff

June 1st 1836
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No 7
July Term 1835

Louis
vsNewton

Notice of taking
Depositions

Filed 2d June 1835

John RulandJohn Ruland Clerk

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Served this notice by delivering a true
copy thereof to Charles D Drake on the
1st day of June 1836 in the county of
St LouisSt LouisJamesJames Newton not found in
my county

James BrothertonJames Brotherton Sheriff
By M BrothertonM Brotherton D Shff

Service 50
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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
JacobJacob Cooper, PeterPeter E. Blow &
Horatio N. Cross.
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
18th July
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
Louis (a man of Color)
is plaintiff and
JamesJames Newton
is defendant on the part of
the
plff and have you then and there this writ.

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

Jn. RulandJohn Ruland

Clerk, C.C.
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July Term 1836

Louis (a man of color)
vs
JamesJames Newton

Plff

JacobJacob Cooper
PeterPeter E. Blow &
Horatio N. Cross

18 July
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Served this writ on JacobJacob Cooper on
the 7th day of July 1836 in the city of
St LouisSt LouisPeterPeter E Blow not found in
my county

James BrothertonJames Brotherton Sheriff
By M BrothertonM Brotherton D Shff

Service $ = 50 nonest 12 1/2 62 1/2