Harry Duty v. John F. Darly
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To the Honorable AlexanderAlexander Harmilton Judge
of the Circuit CourtCircuit Court of St. Louis
County:

Your petitioner HarryHarry Duty
respectfully represents to your honor
that he is now held as a slave in the city and
county of St. LouisSt Louis and State of MissouriMissouri
by John F. DarleyJohn F Darley , as administrator of the
estate of MiltonMilton Duty deceased; that said MiltonMilton
Duty died in the county and State aforesaid in
the year eighteen hundred and thirty eight;
that before his death, the said MiltonMilton Duty made
his last will and testament, by which he the
said Duty emancipated certain of his slaves
and among them your petitioner to he
then belonged, was also emancipated by said will
& that all of the debts of said estate have been fully paid -
that not withstanding such said emancipation
your petitioner has been held in slavery up
to the present time; but is now in truth and is entitled to be a free person that your petitioner is
a poor person who is without property or the
means of monitoring his suit. Wherefore your petitioner prays for leave to sue as
a poor person for his freedom and that
your Honor will make an order in his favour
to that effort, that he may have reasonable
liberty to attend his counsel and the court as
occassion may require; that he be not removed
out of the jurisdiction of the court nor subjected to
any severity on account of this application
for his freedom.

HarryHarry his

X

Duty
mark
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State of MissouriMissouri
County of St. LouisCounty of St Louis


ss

HarryHarry Duty being
duly sworn upon his
oath says that the facts

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set forth in the above and foregoing
petition are true to the best of his
knowledge and belief

Sworn to subscribed
before me this 31st day of October 1849
PeterPeter N Johnston Justice of the Peace
} HarryHarry his

X

Duty mark
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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

Upon the hearing
of the above and foregoing petition being
of the opinion that the said petition contai
ns sufficient matter to authorize the comm
encement of a suit, It is hereby ordered that the
said petitioner HarryHarry Duty have leave and be
permitted to sue as a poor person, that he
have reasonable liberty to attend his
counsel and the court as occassion may
require, that he be not removed out of the
jurisdiction of this Court and that he
be not subjected to any severity on account
of this his application for his freedom

Nov. 15, 1849.

A.Hamilton

,
Jus for 8th JudlJudl Cir .CirJudl Cir .Mo.
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HarryHarry Duty
vs
John F. DarleyJohn F Darley

Petition

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HarryHarry Duty plaintiff
against
John F. DarleyJohn F Darley defendant

In the CircuitCircuit Court
CourtCircuit Court of St. Louis
County April Term 1850.
County of St. LouisCounty of St Louis

The plaintiff states that he is now
and has been for more than two
years now last past, held in slavery by JohnJohn F Darley
F. DarleyJohn F Darley as administrator of the estate
of MiltonMilton Duty deceased in the city and
County of St. LouisCounty of St Louis and state of MissouriMissouri
that he is now and has been during at
said time a free person, that he has been
and is now confined and restrained of his
liberty by the defendant; that he was bearing
the slave of MiltonMilton Duty deceased; that said
Duty died in the year eighteen hundred and thirty eight in the county of St. LouisSt Louis aforesaid
that before his death, said Duty being there
and so till his said absence the sole owner of the
plaintiff as his slave, made his last will
in due form of law, a reply of which duly
authenticated is herewith filed, the original
not being in the possession or under the control
of the plaintiff, that by said will, said Duty
emancipates and set free all his slaves and among
them the plaintiff, that all the debts of said
estate have been paid or that an ample
fund is in the hands of the defendant to
pay the same; therefore the plaintiff
asks in his poor Judgement of [ libration ]
against the defendant and all persons
claiming by or through him
or the said Duty.

Field

&

Hall
Attys.

for Plff.
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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss

Alexander P. FieldAlexander P Fields
being duly sworn
upon his oath says that he has inves
tigated the facts set forth in the above
and foregoing petition and that said petition
and the matters therein as stated he
believes to be true.

Sworn to and Subscribed
before me this 15th day of November 1849
}

A.P. Field.

M. S. CerreM S Cerre Clerk

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HarryHarry Duty
vs
John F. DarleyJohn F Darley

Petition

Field

&

Hall
Attys.

for Plff.
Filed Nov. 24th 1849

M S CerreM S Cerre Clk.

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County of St. LouisCounty of St Louis, SS.

The State Of MissouriMissouri,

To the Sheriff of St. Louis County, Greeting:

We command you
To summon John F. DarleyJohn F Darley as
admr of the Estate of MiltonMilton Duty decd
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 in 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 April next, then and there to answer unto
HarryHarry Duty of his petition for freedom
hereto annexed
And have you then there this Writ.

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Witness. Michael S. CerreMichael S Cerre , Clerk of said
Court, with the seal thereof hereto affixed, at
office, in the city of St. LouisSt Louis, this
24 day of Nov. in the year of our Lord eighteen hundred and forty nine.

M.S. CerreM S Cerre

Clerk
I acknowledge myself bound for all costs that may accrue in the cause.
Witness my hand and seal, at St. LouisSt Louis, this day of 18

L.S

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April Term 1850 Mo for for costs 20 p 82Nov 1850 Resignation of
DarleyDarley & appear of ThomasThomas HarveyHarvey adm âentâ 20p 117 - Contd.20 p. 341
Dismissed 7th Mar. 1852.21 p. 441

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No 17.

April Term 1850
St. Louis Circuit CourtCircuit Court

HarryHarry Duty(of color)
vsJohn F. DarleyJohn F Darley as admr of
the Estate of MiltonMilton Duty decd.

Pet for freedom

Field & Hall
Issued Nov 24th 1849.

M.S. CerreM S Cerre Clk

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State of MissouriMissouri
County of St. LouisCounty of St Louis

ss.

Upon the hearing of
the above and foregoing petition being of the opinion that the
said petition contains suf
ficient matter to au
thorize the commencement of a suit,
It is hereby ordered that the
said petitioner HarryHarry Duty have leave and
be permitted to sue as a poor person, that he
have reasonable liberty to attend his counsel
and the Court as occasion may require;
that he be not removed out of the juris
diction of the Court and that he be not
subjected to any severity on account
of this his application for freedom.

Nov. 15. 1849.
a true copy attest

M.S. CerreM S Cerre Clk


} AAlexander Hamilton .

HamiltonAlexander Hamilton Judge


8th JudlJudl Cir .
CirJudl Cir Mo.
Term copy to $2 30 to $3.30 due
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Executed this writ in the CountyCounty of St Louis
of St. LouisCounty of St Louis on the 26th day of November 1849 by offering to read it and the order
made by the Judge of the St. LouisSt Louis Circuit court
to John F. DarleyJohn F Darley Administrator of the Estate
of MiltonMilton Duty deceased which he refused
to hear and by delivering to said DarleyDarley
a true copy of the petition hereto [ attashed ]
Fee $2.00

Louis T. LaBeaume Shff


By

IsaiahIsaiah C. BrownBrown
Depty.

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No. 17.

In the Circuit CourtCircuit Court
Saint LouisSt Louis County
Nov. Term 1849.

HarryHarry Duty, of color
vs.
John F. DarleyJohn F Darley , Admr.
of the estate of MiltonMilton Duty decd.

And now the said defendant moves the court
to amend the orders heretofore made in
this case to the end that said petitioner
be required to give security satisfactorily
to the Clerk of said court for all costs
that may be adjudged against
him, or on failure thereof that said
petition be dismissed.

John F. DarleyJohn F Darley Admr.

&
and

ThomasThomas HarveyHarvey
Agent

for the heirs of
MiltonMilton Duty decd.
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No. 17
HarryHarry Duty
vs.
John F. DarleyJohn F Darley , Adm.

Motion for security
for costs-

Filed 15th April 1850.

M.S. CerreM S Cerre Clk.

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HarryHarry Duty, plaintiff
vs.
John F DarleyJohn F Darley , Admr. &c.
Defendant

Circuit CourtCircuit Court
St. Louis County
April Term 1850

Defendant states that it is true plaintiff
is now and has been held in slavery
by defendant as stated in plaintiff petition.

But defendant denies that said plaintiff
is now, or has been at any time previous
hereto, a free person. And defendant says that said plaintiff is now and always
has been a slave - and as such he now
belongs to the estate of MiltonMilton Duty decd
of which estate said defendant says
that he is now and has been for more
than two years last past the Public Ad
ministrator - And as such Administra
tor defendant says that said plaintiff
is now and has been confined & restrained
by him of his liberty - Defendant admits
that said plaintiff was formerly the slave
of said MiltonMilton Duty during his life time -
and at his death he became as he is
now a slave belonging to the estate of
said MiltonMilton

Defendant admits that said MiltonMilton Duty
died in St. Louis County in the state
of MissouriMissouri about the year 1838.

Defendant denies that before his death said
MiltonMilton Duty made his last will in due
form of Law as alleged in plaintiffs pe
tition

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And defendant denies that by that alleged will or
any other legal mode the said Duty did
emancipate all his negroes slaves and
among them the plaintiff.

Defendant denies that siad plaintiff has
any right whatever to be informed
whether or not all the debts of said
Estate have been paid, or that an
ample fund is in the hands of the
defendant to pay the same - And therefore
defendant declines to answer said allega
tion in plaintiffs petition.

Defendant denies that plaintiff has a right
to institute and prosecute his said suit
as a poor person, and that as said
plaintiff has failed to comply with the
provisions of the law Entitled âAn Act
to enable person held in slavery to sue for their freedomâ he ought not to be
permitted further to prosecute the same.

Therefore Defendant prays that said pe
tition be dismissed, or that Judgement
be rendered in his favour.

John F. DarleyJohn F Darley


in proper person

Thos Harvey, Attorney


for the heirs of MiltonMilton Duty
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ThomasThomas HarveyHarvey the agent & attorney of the
defendant makes oath and says He be
lieves the above answer and the matters
therein as stated are true.

Thos. HarveyThomas Harvey .

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From to subscribed this

17th April 1850

M.S. CerreM S Cerre Clk.

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HarryHarry Duty
vs.Answer.
Jno. F. DarleyJohn F Darley , Admin.

filed April 18th 1850

M.S. CerreM S Cerre Clk.