James Talbot, a man of colour v. Delford Benton, James C. Music, and Prudence Music
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Executed this writ in the County of St. LouisCounty of St Louis by
offering to read it and the declaration to James
Musick on the 16th day of January 1839 all of which he refused to hear but acknowledge
d it the services and by reading it and the declaration to
Prudence Musick on the 16th day of February 1839DelfordDelford
BentonBenton not found in my county

Marshall BrothertonMarshall Brotherton Sheriff By
BenjaminBenjamin Lacy LacyBenjamin Lacy Dpt. Sheriff

Service $ 2.00 nonest 30 $ 2.50
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No 92

St. Louis Circuit CourtCircuit Court
March Term 1839

JamesJames Daniel Talbot DanielJames Daniel Talbot TalbotJames Daniel Talbot
vs
DoffordBentonBenton James JamesBenton James C. Musick
&PrudenceMusick

Suit for freedom

Filed Dec 24th 1838

Jn RulandJohn Ruland Clerk

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Continued BK 10 page 190 - non suit BK 12 p 45 - same at aside & alias
summons or deed DelfordDelford BentonBenton

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County of St. LouisCounty of St Louis, ss.

The State Of MissouriMissouri,

To the Sheriff of the County of St. LouisCounty of St Louis---Greeting:

We command you to Summon DelfordDelford Benton, James C. Music & PrudencePrudence
Music, if they be found in your county, to appear
before the Judge of our Circuit CourtCircuit Court , on the first day of the next term thereof, to be held
at the City of St. LouisCity of St Louis, within and for the County of St. LouisCounty of St Louis, on the second Monday
of March next, then and there to answer unto JamesJames Daniel Talbot DanielJames Daniel Talbot TalbotJames Daniel Talbot a
man of colour of a plea of trespassassault & Battery.
to the damage of said plaintiff
dollars: And have you then there this writ.

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Witness, John RulandJohn Ruland , Clerk of our said
Court, with the seal thereof hereto affixed, at office, in the
City of St. LouisCity of St Louis, this twenty fourth day ofDecember in the year of our Lord eighteen hundered and thirty eight.

John RulandJohn Ruland

Clerk.
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In the Saint Louis Circuit CourtCircuit Court November Term 1838
Monday December 24th 1838.

James TalbotJames Talbot -a man of colour
vs
DelfordDelford Benton JamesBenton James C. Music & PrudencePrudence Music

The said James TalbotJames Talbot by Wm Bird his attorney presents to the court
here his petition verifid as the law requires praying for leave to sue as a poor person in order to establish his right to freedom
and the said petition in the opinion of the court containing sufficient matter to authorize the commencement of a suit
it is ordered that the said plaintiff be permitted to sue as a poor person to establish his right to freedom the court doth assign him
GustavesAA Bird .BirdA Bird Esquire for his Counsel - And the court doth further order that said plaintiff have reasonable liberty to attend
his counsel & the court as occasion may require that he be not removed out of the jurisdiction of the court, and that he be not subject
to any severity on account of his application for freedom."

A true copy of the order of court
Attest

John RulandJohn Ruland Clerk

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To the Honorable Luke E LawlessLuke E Lawless
Judge of the St Louis Circuit CourtCircuit Court

The Petition of JamesJames Talbat a man
of colour respectfully that about
twenty one years past he was the slave
of oneChuck _ that his said
Master Chuck then took him into the
now state of IllinoisIllinoiswhere said
Chuckbargainedfor a Farm & plow
your Petitioner upon it as a labourer &
kept your petitioner there at
between 11 & 12 months as his slave, this
your petitioner thinks was in the year
of our Lord eighteen hundred & seventeen
when IllinoisIllinois was a - after your
petitioner had been kept on the
of IllinoisIllinois as aforesaid said Chuck
took your Petitioner to MissouriMissouri
& sold him as a slave to DavidDavid
Musicdeceased- Said Music by his last
willbequethed your petitioner to his
Daughter Susan Maca the wife of DelfordDelford
BentonBenton - Your petitioner is now in
the PrudencePrudence the widow of
said DavidDavid Music in St Louis County where he has been
placed as a slave by JamesJames a Music, who
acts as the executor of the last will
of said DavidDavid Music Your Petitioner
is informed & that he is justly
and legally entitled to his freedom for the
causes above stated and he prays that
he may be permitted to sue as a poor
person to establish his freedom

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that counsel may be assigned to
him & such made in his
as his case requires & the law requires & he will pray so

JamesJames his mark Talbot

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James Talbot the Petitioner aforesaid
says that the facts in the foregoing
petition stated are true

Sworn to and subscribed
before me this 11th day of November 1831

C.WW Walsh .WalshW Walsh Justice

JamesJames his Talbot
mark

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James TalbotJames Talbot , a man of color
vs
JamesJames C. Musick of David MusickMusick & al

In the St Louis Circuit CourtCircuit Court November Term 1838

The said James TalbotJames Talbot by MrBirdBird his attorney pre-
sents to the court here his petition verified as the lawrequirespraying to be permitted to bring his
suit in this court for freedom and the said petition in the opinion of the court containing
sufficient ground therefore it is ordered that sid plaintiff be permitted to sue in forma pauperis
and that Gustavus A. Bird Esquire be assigned him as counsel

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State of MissouriMissouriSt Louis Circuit CourtCircuit Court
March Term AD 1839

JamesJames Daniel Talbot DanielJames Daniel Talbot TalbotJames Daniel Talbot a men of color complains
of DelfordDelford Benton JamesBenton James C Music & PrudencePrudence
-Music of a plea of trespassassault & Battery for that heretofore on
the first day of January in the year of our
Lord eighteen hundred & thirty eight at St LouisSt Louis
in said county the said Defendants withforce
and arms made an assault upon the said
plaintiff & there imprisoned the said Plaintiff
without any legal or prabable & hath
so continued to imprison him there from
the day last aforesaid untill the day of
the commencement of this suit and
then and there did against the
and the law of the Land and the plaintiff
ours that before and at the time of the
committing of the said grievances
he was and still is a free person & that
said defendants detained and still detain
the said plaintiff in slavery and therefore
for his liberty he sues

G A BirdG A Bird Atty for
Plaintiff

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Daniel Talbot
a man of color
vs
DelfordDelford BentonBenton James
JamesBenton James C Music &
PrudencePrudence Music

Action for Freedom
under the Statute
The clerk will please
issue a summons

G A BirdG A Bird atty
for Plff

Filed Dec 24th 1838

Jno RulandJohn Ruland Clerk

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The State of MissouriMissouri

To any Sheriff of any county
in the state of MissouriMissouri
Greeting

Whereas Satisfactory has been
before the Circuit CourtCircuit Court of
Saint LouisSt Louis County in said State now in
that Daniell Talbot a man of color
who has been permitted to sue for his
freedom JamesJames C Music PrudencePrudence
Music & DelfordDelford BentonBenton has been
removed from the Jurisdiction of
said Court in violation of the
order of said Court made in
said suit, your are therefore
commanded forthwith to take
said DanielDaniel if to be found &
forthwith bring him before
said Court or the Judge
thereof in reaction & do you
notify said Defendants in said
suit of the time & place when
& where you will have said
DanielDaniel before Court or Judge in witness
whereof I John RulandJohn Ruland clerk
of said Court at the Court house
in St LouisSt Louis in said County do
hereto subscribe my name & affix
the seal of said Court this
30th day of November in the year of our Lord eighteen hundred & thirty nine.

John RulandJohn Ruland Clerk

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Daniel Talbot
a man of color
vs
JamesJames C Music
PrudencePrudence Music DelfordDelford BentonBenton

In St Louis Circuit CourtCircuit Court

Gustavus A BirdGustavus A Bird on
his oath says he is informed & beleives
that some time in the night time on
or about June last said plaintiff was
taken in a clandestine manner &
removed forcibly from the Jurisdiction of
this court this has good grounds
to suspect & believe & does suspect &
believe that DelfordDelford BentonBenton aforesaid
aided by others so took & removed said
plaintiff. This has been
informed & believes that said BentonBenton
St CharlesSt CharlesFerrywith said Plaintiff
that he staid at St CharlesSt Charles one
night about June last & put said
plaintiff in jail for safe keeping &
the next day left there on Board of
of a SteamBoatbound up the MissouriMissouri
riverwith said plaintiff on board

Sworn to & Subscribed in open
court this 30th Nov 1839

Jn RulandJohn Ruland clerk

G A BirdG A Bird

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No 92

March term 1839

Daniel Talbot
vs
JamesJames C Music & others

Affidavit

Filed Nov. 30. 1839

John RulandJohn Ruland Clerk

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James TalbotJames Talbot a
man of color
Petition for leave
to sue for freedom

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to sue book 9 page 344

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