James Talbot v. Delford Benton
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to freedom, & the Court doth assign him Gustavus A BirdGustavus A 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 sub-
ject to any severity on account of his application for free-
dom

A true copy of the order of Court

Attest Jn. RulandJohn Ruland Clk

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No 162

St. Louis Circuit CourtCircuit Court
>March Term 1841

James TalbotJames Talbot
vs
DelfordDelford BentonBenton et. al
Alias summons
vs BentonBenton

Suit for freedom

BirdBird

Filed >Janry 29 1841

Jn. RulandJohn Ruland Clk

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Anld Bk 13 p 184 Nonsuit 14 p 165 Rept 1st/4th

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County of St. LouisCounty of St Louis, ss.
The State Of MissouriMissouri,

To the Sheriff of St. Louis CountyâGreeting:

We command you as we have before commanded you,
that you summon DelfordDelford BentonBenton , that he
be and 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 third Mon-
day of March. next, then and there to answer unto JamesJames Talbot
TalbotJames Talbot a man of color, of a plea of trespass,
assault and 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 29th day ofJanuary in the year of our Lord eighteen hundred and forty one

Jn. RulandJohn Ruland

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

James TalbotJames Talbot a man of color
vs
DelfordDelford Benton, James C. Music & PrudencePrudence Music

I acknowledge myself bound for all costs that may accrue in the above cause
Witness my hand and seal, at St. LouisSt Louis, this day of 184

The said James TalbotJames Talbot , by Mr BirdBird his at-
torney presents to the Court here his petition

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verified
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

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State of MissouriMissouri
County of St. LouisCounty of St Louis

Be it remembered that heretofore, that is to say, on the 24 Dec. 1838
was filed in the office of the Clerk of the Circuit CourtCircuit Court in and for said
County a declaration which is in the words and figures following, to wit:
State of MissouriMissouri St. Louis Circuit CourtCircuit CourtMarch Term AD 1839.

James TalbotJames Talbot a man of color complains of DelfordDelford Benton JamesBenton James C. Music & PrudencePrudence
Music of a plea of trespass Assault and Battery for that heretofore, to wit 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 with force and arms made an assault upon the said
plaintiff & there imprisoned the said plaintiff without any legal or probable & hath so continued
to imprison him there from the day last aforesaid untill the day of the commencement
of this suit and other wrongs then and there did against-the peace and the law of the land and
the plaintiff avows that before and at the time of the committing of the said several 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. Bird atty for Plaintiff.
And afterwards, at the November Term of said Court for the year 1839, to wit on the 18th day of February 1840 this case was continued.

And afterwards, at the November Term of said Court for the year 1840, to wit on the
21st day of January 1841, the following further proceedings were had, to wit:

James TalbotJames Talbot
vs.
DelfordDelford Benton. James C.
Musick & Prudence Musick.

Now at this day come the said defendants by
their Attorney, and the said plaintiff although
solemenly called comes not, but make default,
nor hath he prosecuted his suit with effect it is therefore considered
by the Court, that the said plaintiff take nothing by his said suit, but that
said defendants so thereof without day, and recover of said plaintiff their
costs and charges in this behalf expended and have thereof Execution.

And afterwards, at the said term of said Court, to wit on the 23, day of January 1841,
the following further proceedings were had to wit:

James TalbotJames Talbot
vs.
JamesJames C Musick & Prudence Musick
impleaded with DelfordDelford BentonBenton

By Consent of parties it is ordered that the
judgment of non suit herein rendered, be
set aside, and thereupon on motion of said

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Plaintiff by his Attorney, it is further ordered that an alias writ of Summons
issue herein against DelfordDelford BentonBenton , accompanied with a copy of the declaration
and orders of Court made herein.

True copies

Attest Jn. RulandJohn Ruland Clk

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Copies of Declaration &
orders of Court in case
of Talbot
vs
Music & others

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